September 20, 2012
The Squarejive Application and Website is maintained by Three Quarters Holdings LLC (“Squarejive”) for your use. By downloading the Application or using our Website, you accept to be bound by and comply with terms of the contract between you and us incorporating these Terms and Conditions (the “Terms”) in all respects. If you disagree with any part of these Terms, please do not use our Application or Website.
“Application” means software application, including (without limitation) text, underlying software code, page design, graphics and sound, provided by us to offer you the Services which you may use on your Mobile Device in accordance with these Terms.
“Mobile Device” means handheld devices, including iPhone and iPad, mobile and tablet devices, including mobile and tablet devices that function on Apple operating systems.
“Services” means the services we provide to you which allow you, subject to these Terms, to:
(a) search our database of events by location or time, available through our website at www.Squarejive.com or on our Application.
(b) use mapping and routing technology in respect of those events;
(c) share event details or other content from our Website or Application (including, but not limited to, sharing with Facebook, Twitter, SMS Text, or Email)
TERMS & CONDITIONS
1.0 Agreement Changes
Squarejive may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on the Squarejive Website or as otherwise determined by Squarejive in its sole discretion and your acceptance of and / or continued use of the Squarejive Software Application or the Squarejive Service after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to reaffirm and reaccept this Agreement following any material changes.
2.0 Data Protection
3.0 Link to Third Parties
The App and Website may contain links to websites operated by third parties (“Third Party Websites”). Squarejive may monetise some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Squarejive does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
4.0 Copyright Infringement and DMCA Policy
It is Company policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This section 4.0 describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any of the Company’s sites, including Squarejive.com, becomes the subject of such a notice.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with the Company’s rights and obligations under the DMCA and do not constitute legal advice.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good- faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
Squarejive allows users and the general public to submit events and images to be featured on the website and application at no cost. By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works on the Squarejive site.
If you are a copyright owner or an agent thereof and you believe that any content or link on one of sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:
(a) Your physical or electronic signature;
(b) Identification of the copyrighted work or works claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;
(d) Information to permit the Company’s agent to contact you: your address, telephone number and email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Designated DMCA Agent
Three Quarters Holdings LLC 6100 West 96th Street
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
In some instances a customer of one of the Company’s services who has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page or site on one of the Company’s services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.
To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A counter-notification may be composed using the forms located at ChillingEffects.org
THE USE OF THE SQUAREJIVE SOFTWARE APPLICATION AND THE SQUAREJIVE SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE SQUAREJIVE SOFTWARE APPLICATION AND THE SQUAREJIVE SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SQUAREJIVE DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SQUAREJIVE SOFTWARE APPLICATION OR THE SQUAREJIVE SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, Squarejive does not warrant, endorse, guarantee or assume responsibility for any Third Party Application, Third Party Application Content or any other product or service advertised or offered by a third party on or through the Squarejive Service or any hyperlinked website, or featured in any banner or other advertising. Consequently Squarejive will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Squarejive Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from the Company shall create any warranty on behalf of Squarejive in this regard.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SQUAREJIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SQUAREJIVE SOFTWARE APPLICATION OR THE SQUAREJIVE SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT EVEN IF YOU HAVE ADVISED SQUAREJIVE ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with the Squarejive Software Application, the Squarejive Service, the Third Party Applications or the Third Party Application Content is to uninstall the Squarejive Software Application and to stop using the Squarejive Service, the Third Party Applications or the Third Party Application Content. In no event will the Company’s total liability to you in connection with this Agreement exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for the relevant Squarejive Services.
Nothing in this Agreement removes or limits the Company’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold the Company and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.