Effective date: February 22, 2023
These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Exciting Windows! regarding your use of the Services. Together, Users and Exciting Windows! are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Exciting Windows! website (the “Guidelines”). All Guidelines are incorporated by reference into these Terms.
BEFORE USING THE SERVICES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.
(a) General. Users may post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Exciting Windows! makes no representations that your User Content will remain available via the Services in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICES IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICES, AND EXCITING WINDOWS! DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
(b) Grant of Rights. By submitting User Content to Exciting Windows!, you hereby grant Exciting Windows! a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Services and Exciting Windows!’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Exciting Windows!, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if we choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms. The above licenses granted by you in User Content you submit to us shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your User account, or any User Content following any deactivation or deletion of your User account, you may specifically notify Exciting Windows! regarding the termination of the foregoing license from you to Exciting Windows!, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Exciting Windows!. You understand and agree, however, that even following such termination, Exciting Windows! may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you acknowledge and agree that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Exciting Windows! to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Exciting Windows! and these Terms, and to grant the rights and license set forth in this Section, and (iii) your User Content, Exciting Windows!’s use of such User Content pursuant to these Terms, and Exciting Windows!’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Services, your User Content or its posting on, or submission to, the Services, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Services: (i) any falsehoods or misrepresentations that could damage Exciting Windows! or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
(e) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.
(a) As a condition of your use of the Services, you hereby acknowledge and agree that you will not use the Services for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Services, use of the Services, access to the Services, or Non-Exciting Windows! Content obtained through the Services, except as expressly permitted in these Terms.
(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Services content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Exciting Windows! and any applicable licensors.
(d) You agree not to use the Services if you do not meet the eligibility requirements described in Section 1 above.
(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent.
(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Services with the intended result of denying service to other Users.
(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Services, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations on the use of the Services.
(h) You agree not to attempt to gain unauthorized access to the Services or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Services or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted through the Services.
(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form (other than contributing User Content as enabled by the Services’ functionality and in accordance with these Terms), nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or for the removal of any proprietary notices or labels on the Services.
(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
(k) You agree not to utilize framing techniques to enclose any trademark, logo, or other Exciting Windows! Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing Exciting Windows!’s name or trademarks without Exciting Windows!’s express prior written consent.
(l) You agree not to use any Exciting Windows! logos, graphics, or trademarks as part of the link without our express prior written consent.
(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Services to any third party.
(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services or to insert your own or a third party’s advertising, branding or other promotional content on the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(p) You agree not to use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers.
(q) You agree not to modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(s) You agree not to post, transmit or otherwise disseminate through the Services any User Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Services or the Exciting Windows! Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
In certain sections of the Services, you may also be able to post your comments on Facebook or other social media services. For example, your friends and others who have access to view information about you on social media will be able to see (on Facebook and via our Services) that you posted a comment. You’ll also be able to see similar information about your Facebook friends who are connected to our Services. In addition, our Services may personalize and otherwise enhance your experience based on these social media pages, such as your basic information, likes and interests. Please pay careful attention to your social media settings in your account as well as your privacy settings which will impact this feature and may give you some control over the information that is shared and who it is shared with.
While we hope that you find these features to be a great way to share information, including discovering new content, Facebook also offers ways to manage the information you share with Exciting Windows!. See the respective social media websites for details.
By interacting with our social media accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts (in accordance with your privacy settings and your account settings on our Services). If you do not want information about you to be shared in this manner, do not use the social media features.
Exciting Windows!’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
22 Camlet Ct
Roseland, NJ 07068
Email Address: email@example.com
Phone Number: 888-593-0076
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in your having to repeat some or all of the above process.
Attn: Copyright Agent
22 Camlet Ct
Roseland, NJ 07068
Email Address: firstname.lastname@example.org
Phone Number: 888-593-0076
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Under California Civil Code Section 1789.3, users of our Services service from California are entitled to receive the following information on how to resolve a complaint regarding the Services service or to receive further information regarding use of the Services service:
Such complaints or requests may be submitted to Exciting Windows! by e-mail: email@example.com.
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