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SLIMBER.COM TERMS AND CONDITIONS

Welcome to Slimber.com. The following Terms and Conditions apply when you use our Website. Please read the following terms carefully.  By accessing or using the website, you signify your agreement to these Terms and Conditions.  If you do not agree to these Terms and Conditions, you may not access or use the website.

The term “Slimber.com” “we”, or “us” refers to the owners of the website. The term “you” refers to the user or viewer of our website.

PRIVACY POLICY
We respect the privacy of our users. Please refer to the Slimber.com’s Privacy Policy (found here: [insert Link to Privacy Policy]) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE
Slimber.com allows you to create drawings using the flash-based drawing application.  It gives the users of the website ability to reproduce the process of drawing and to see how the images are created, rate each drawing and post comments.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the website.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company.  You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide content including drawings, comments, information about yourself etc. You are solely responsible for any content that you post, upload, link to or otherwise make available via our website.  You agree that we are only acting as a passive conduit for your online distribution and publication of your content. We, however, reserve the right to remove any user content from our website at its discretion.
The following rules pertain to user content. By transmitting and submitting any content while using Slimber.com, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any content that you make available or access through your use of the website is solely your responsibility. We are not responsible for any public display or misuse of your content. We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the website.

ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  We do not guarantee the accuracy, completeness, or usefulness of any information on the website and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Slimber.com. We take no responsibility and assume no liability for any content that you or any other user or third party posts or sends over the Website.  Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
Though we strive to enforce these Terms and Conditions, you may be exposed to User Content that is inaccurate or objectionable.  We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]  We will have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. If you become aware of misuse of our website, please contact us via email legal [at] slimber.com.

LINKS TO OTHER SITES AND/OR MATERIALS
As part of the website, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to website subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

LICENSE GRANT
By posting any content via the Website, you expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the website.

INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the website and special offers. You may opt out of such email by sending an email to legal [at] slimber.com.
Opting out may prevent you from receiving messages regarding the Company or special offers.

WARRANTY DISCLAIMER
THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms and Conditions.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Slimber.com’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Slimber.com.  No purported waiver or modification of this Agreement by us via telephonic or email communications shall be valid.

GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

The Company may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://slimber.com/misc/privacy-policy.html REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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