Last updated: April 26, 2010
1. SITE USE
You agree not to use the Site to:
- Upload, post, email, transmit, or otherwise make available anything:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Notwithstanding the foregoing, SIGMA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SIGMA reserves the right to revoke these exceptions either generally or in specific cases.
- Violate any applicable local, state, national, or international law, intentionally or unintentionally;
- Stalk or otherwise harass another; and/or
- Collect or store personal data about users.
SIGMA reserves the right to remove any and all content on the Site at any time without prior notice. Further, SIGMA reserves the right to deny access to any user at any time without prior notice for any reason, including but not limited to a violation of these Terms and Conditions.
2. DISCLAIMER OF WARRANTIESYou agree that your use of the Site will be at your sole risk.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE RESERVE THE RIGHT TO DISCONTINUE ANY ASPECT OF THE SITE AT ANY TIME.
3. LINKED SITES AND THIRD-PARTY INFORMATION
Any non-SIGMA Sites which are linked to or from the Site (“Linked Sites”) are independently operated and managed by each corporation or individual. Linked Sites are not under the control and/or supervision of SIGMA, and SIGMA does not warrant or guarantee the contents of Linked Sites. You agree not to hold SIGMA, its parent company, affiliates, officers, directors, employees, trustees, or agents, responsible for the content or operation of any and all Linked Sites.
A hyperlink from the Site to another Site does not imply or mean that SIGMA endorses the content on that Site or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at Linked Sites. Additionally, any link to a third-party site submitted or posted by you on the Site must not in any way represent that you have received the endorsement, sponsorship or support of SIGMA, its parent company, affiliates, officers, directors, employees, trustees, or agents.
4. LIMITATION OF LIABILITY
SIGMA, its parent company, affiliates, officers, directors, employees, trustees, or agents, will not be liable for any damages or injury that accompany or result from your use or inability to use the information or services provided via the Site. SIGMA will not be liable for direct or indirect damage due to malfunction of software and hardware of your computer, any other peripheral devices, and network environment caused by your access to the Site, except when required by laws.
In no event will SIGMA, its parent company, affiliates, officers, directors, employees, trustees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site;
- Unauthorized access to or use of SIGMA’s secure servers and/or any and all personal information stored therein;
- Interruption or cessation of transmission to or from the Site;
- Bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party; and/or
- Loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site or any linked Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not SIGMA is advised of the possibility of such damages.
This limitation of liability shall apply to the extent permitted by law in each jurisdiction.
SIGMA Content: The rights to all materials, including without limitation documents, stories, images, files, sound, and programs, provided by SIGMA contained in the Site (“SIGMA Content”) are owned or administrated by SIGMA or its parent company, affiliates, corporate partners, or agents, and are protected by relevant copyright, trademark, and related agreements, unless otherwise attributed. SIGMA Content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use. SIGMA Content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use SIGMA Content in any way or for any purpose other than personal use without the prior express written permission of SIGMA. Additionally, you may not add, delete, distort, or misrepresent any SIGMA Content.
Any attempts to modify any SIGMA Content or to defeat or circumvent the Site’s technical security measures without the prior express written permission of SIGMA are prohibited.
User-Submitted Content: You agree that any content (including but not limited to pictures and images) you submit is on a non-confidential basis. By submitting any content to the Site, you keep ownership of the copyright of the content, but you: (a) irrevocably grant to SIGMA, its parents, subsidiaries, affiliates, and its successors, assigns, licensees, and agents, the non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce, edit, modify, distribute, publish, display, market, promote, sell, license, broadcast, sublicense, transmit, and otherwise commercially and non-commercially exploit the content, in all channels of distribution, the content, all intellectual property therein, and derivative works made from the content, without compensation of any kind, in whole or in part, in all forms, formats, media and versions, now known or hereafter developed, including as part of an electronic database, and to license to third parties to exercise any and all such rights, in connection with advertising the goods and services of SIGMA, its parents, subsidiaries, affiliates, successors and assigns.
You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your photo or image or your name, picture, likeness, address (city and state), e-mail address, or biographical information.
You expressly grant SIGMA the right to repost any such submitted content in any altered or unaltered form, without any further authorization from you, to other websites, including but not limited to , , , and . SIGMA expressly prohibits any and all submissions of the following content:
- Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
- Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, trade secret, or trademark rights;
- Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including the posting of private information belonging to or about other individuals;
- Content that promotes, encourages, or provides instructional information about illegal activities;
- Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
If any portion of the content posted by any visitor is found by SIGMA to be in violation of any Site policy, including these Terms, SIGMA reserves the right to modify or remove such content or delete such submissions at any time without prior notice.
User Submitted Content – Warranty: By submitting content to the Site, you represent and warrant that all submitted content complies with all applicable Site policies, including these Terms. Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted in the content to upload the content and to grant to SIGMA an irrevocable license to use the submitted content according to SIGMA’s sole discretion, including but not limited to use in connection with third-party social networking or video websites such as , , , , or any other Site SIGMA deems appropriate.
DMCA Notice and Takedown: As required by the U.S. Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on the Site infringes your copyright, you must send a notice of claimed infringement to SIGMA’s Designated Copyright Agent at the following address [COORDINATE COMPLETION OF SECTION BELOW AND FILL OUT/MAIL ATTACHED FORM TO COPYRIGHT OFFICE WITH CHECK FOR $105.] :
Richard Booth, Copyright Agent
c/o Sigma Corporation of America
15 Fleetwood Court
Ronkonkoma, NY 11779
Written Notice: To be effective you must provide SIGMA’s Designated Copyright Agent a written notification that includes the following:
- A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
- A description of the location on the Site (or, if the infringing information is located on another Site linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring, providing sufficient detail to allow SIGMA to locate the infringing material;
- Your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
- Your physical or electronic signature.
SIGMA does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and SIGMA will remove the infringing content if properly notified of infringement. As stated above, SIGMA reserves the right to remove any and all content and user submissions at any time without prior notice.
Counter-Notice: If you believe your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to SIGMA’s Designated Copyright Agent:
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in the United States District Court, Eastern District of New York nearest to Ronkonkoma, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a counter-notice is received by SIGMA’s Designated Copyright Agent, SIGMA may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that SIGMA will cease disabling it. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored.
The trademark "SIGMA" and "Photo Share" and any other SIGMA product names and service names used in the Site are trademarks or registered trademarks of SIGMA or its parent company, affiliates, or corporate partners. The names of actual companies and products mentioned may be the trademarks of their respective owners. You may not use any trademarks or registered trademarks found on the Site without the prior express written permission of the trademarks' respective rightful owners. All rights are reserved.
7. PROPOSAL OF IDEAS
SIGMA's policy is not to accept any technical ideas (including, but not limited to, patents and utility models), designs, and other ideas (“Ideas”) from the public. In order to avoid any possible future misunderstanding or conflicts with you or any other person with respect to intellectual property rights, you are requested not to send any information which may contain your Ideas to SIGMA. If you do send Ideas to SIGMA, you expressly agree that your submission is non-confidential and does not create an obligation or duty on the part of SIGMA in any way. Your submission is being delivered voluntarily and without restriction and we conclude that SIGMA is free to use the information and Ideas provided. SIGMA does not accept any legal obligation (whether of confidentiality, compensation, return or otherwise) with respect to any Ideas to us unless we agree to such obligations in a signed document. We also specifically reserve the right to implement similar ideas in the future without restriction or obligation.
8. HANDLING OF PERSONAL INFORMATION
You agree to indemnify and hold harmless SIGMA, its parent company, affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the SIGMA Site or service, your submission of content, your violation of any applicable law or these Terms, or any other violation of the rights of another person or party.
SIGMA or you may terminate this agreement at any time. SIGMA may terminate this agreement and accordingly deny access to the Site, or any Sites operated by SIGMA’s parent company or affiliates, immediately and without notice if, in its sole judgment, you breach any term or condition of this agreement.
The Site is offered by Sigma within the United States of America. Sigma makes no representations that the Site is appropriate or available for use in other locations. Access to this Site from locations outside the United States are at your own risk, and you hereby accept responsibility for compliance with the laws and regulations of any such foreign jurisdiction that may govern your use of this Site. Sigma expressly disclaims responsibility for compliance with laws and regulations outside the United States.
You and SIGMA agree that any claim or cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.
If you need to contact SIGMA, please use the following information:
Sigma Corporation of America
15 Fleetwood Court
Ronkonkoma, NY 11779
Phone: (631) 585-1144
Fax: (631) 585-1895