StainedGlass Collage Terms of Use

Welcome to the StainedGlass Collage (the "Site"). The Site is operated by FX Palo Alto Laboratory ("FXPAL"), located at 3400 Hillview Ave., Building 4, Palo Alto, CA 94304. Please note that this Site is operated only for a research and test purpose. By using the Site, you agree to comply with and be legally bound by the following terms and conditions of use and service (the "Terms") of this Agreement (the "Agreement"). Please read and review the Terms carefully and indicate your acceptance by clicking on the "Accept" icon. If you click the "Accept" icon, you shall be allowed access to the Site. If you do not agree to the Terms, you must indicate your refusal by clicking the "Decline" icon. Should you opt for the "Decline" icon, you will not be allowed access to the services.

1. Agreement. This Agreement specifies the Terms for access to and use of the Site and describes the Terms applicable to your access to and use of the Site and the services provided on the Site (the "Service"). The Agreement may be modified at any time by FXPAL upon posting of the modified agreement. Your continued use of the Site after such posting constitutes your acceptance of the modifications, and any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the relevant portion of this Website, which presently is at "www.sgcollage.com/terms.jspx". You are advised to print and keep a copy of the most recent version of the Agreement.

Each use by you shall be deemed and shall constitute your unconditional acceptance of the Agreement.

2. Privacy Policy. Your visit to and use of the Site is also governed by our Privacy Policy. You can view the most recent version of the Privacy Policy at any time at the relevant portion of this Website, which presently is at "www.sgcollage.com/privacy.jspx". Please read and review the Privacy Policy carefully. If you do not agree to the Privacy Policy, you should not use the Site.

3. Intended Audience. The Site is intended for only persons 13 years of age and older. The Site is not intended for children under the age of 13. If you are under the age of 13, you should not access the Site or use the Service.

4. Intellectual Property Ownership.

a. Content. All content included on this Site, other than the images that you upload to the Site, is and shall continue to be the property of FXPAL or its content suppliers and is protected under applicable copyright, patent, trade secret, trademark and other proprietary rights, including without limitation applications with respect to such rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except and only to the extent as may be expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content (other than your own images) by or through your use of the Site.

b. Copyrights in Uploaded Images. As a condition of using the Service, you represent and warrant to FXPAL that you either own the images that you upload to the Site (the "Images") or have written permission from the copyright owner to make the Images available to the Service. Also as a condition of using the Service, you hereby grant FXPAL a perpetual, universal, irrevocable, non-exclusive, royalty-free license and right to copy, display, modify, transmit, make derivative works of and distribute your Images for the purpose of providing the Service.

c. Copyrights in Collages. FXPAL does not claim the copyrights in photo collages created through the use of FXPAL's proprietary software (the "Collages"). However, as a condition of using the Service, you hereby grants FXPAL a perpetual, universal, irrevocable, non-exclusive, royalty-free license and right to copy, display, modify, transmit, make derivative works of an distribute your Collages for the purpose of providing, improving and promoting the Service.

d. Trademarks. FXPAL®, StainedGlass™, and others are trademarks or registered trademarks of FXPAL or its affiliate, and other product and company names mentioned on the Site may be trademarks or registered trademarks of their respective owners (collectively, the "Marks"). You are not permitted to use the Marks without the prior written consent of FXPAL or such third party that may own the Marks.

e. Software. All software used for the provision of the Service is and shall continue to be the property of FXPAL or the owner(s) of any third-party software that may have been used for the provision of the Service, and is protected under applicable copyright, patent, trade secret and other proprietary rights, including without limitation applications with respect to such rights.

f. Patents. The systems and software used for the provision of the Service are covered by US patent applications, including but not limited to, patent application numbers: 10/815354, 10/815389, 10/948730, 10/948823.

5. Site Use. FXPAL grants you a limited, revocable, non-exclusive license to use the Site solely for your own personal use, and to invite third parties to view the Collages on the Site, such license not including the rights of republication, distribution, assignment, sublicense, sale, or other use. You agree not to copy materials on the Site, nor to reverse engineer or break into the Site, or to use materials, products or services in violation of any law. FXPAL has the sole right to allow access to and use of the Site and FXPAL may terminate your access to and use of the Site at any time at its sole discretion.

6. Responsibility for Your Images. You are solely responsible for all of the images you upload, share, or copy using the Service and for making backups thereof. You must have the legal right to copy and display each image that you upload, share, or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books, or other resources are most likely protected by copyright and should not be uploaded, shared, or copied using the Service.

7. Storage and Deletion of Your Images. The Images may be deleted from the FXPAL server some time after you upload such Images. Interim images based on the Images are created during the production of the Collages and such images will also be deleted from the FXPAL server sometime after the deletion of the Images. Each Collage may be deleted from the FXPAL server one month (1) since it was last viewed.

FXPAL MAY MODIFY, AT ANY TIME AND AT ITS SOLE DISCRETION, THE LENGTH OF TIME IT WILL STORE THE IMAGES AND COLLAGES ON THE FXPAL SERVERS. THUS, IT IS STRONGLY ADVISED THAT YOU CREATE BACKUP COPIES OF THE IMAGES AND COLLAGES. FXPAL SHALL NOT BE LIABLE TO YOU FOR THE DELETION OF IMAGES AND/OR COLLAGES.

8. Monitoring of Content. Although FXPAL by no means encourages or condones the uploading of offensive Images, FXPAL does not control the content of the users' accounts and does not have any obligation to monitor such content for any purpose. By accessing the Site, you may be exposed to Images that you consider to be offensive. FXPAL takes no responsibility for such exposure. You acknowledge that you are solely responsible for all content and material you provide to the Service. Notwithstanding the generality of the foregoing, FXPAL may, in its sole discretion, delete, move, or edit materials for any reason, at any time, without notice.

9. Password. When you create an account, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify FXPAL immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure or to develop new rules about the length or format of passwords to continue to protect the integrity of the Site.

10. Availability. Although every reasonable precaution will be taken to avoid disruptions to the availability of the Service, FXPAL shall not be liable to you for any such disruptions or loss of data resulting from scheduled or unscheduled events, such as maintenance, upgrades, or repairs.

11. Suspension and Termination of Access. You agree that FXPAL may, at any time and without notice, move, alter, suspend, or cancel any or all part of the Service or the Site where the Service is provided. You also agree that FXPAL may, at any time and without notice, terminate your account and delete any content stored in your account if, in FXPAL's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

12. External Links. FXPAL may provide links that direct you to websites operated by third parties. FXPAL neither endorses nor takes responsibility for the content of such third party websites and shall not be liable for any loss or damage suffered by accessing or using such websites.

13. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

14. Indemnification. You agree to indemnify, defend and hold FXPAL and our partners, employees and affiliates harmless from and against any liability, loss, claim and expense, relating to your provided content, including without limitation reasonable attorney's fees, related to your violation of the Agreement or use of the Site.

15. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED BY US ON AN "AS IS" BASIS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FXPAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE AND/OR CONTENT SHALL BE TO DISCONTINUE USING THE SITE.

16. LIMITATION OF LIABILITY.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO FXPAL, AND THE UPLOAD OR DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT IN THE UPLOAD OR DOWNLOAD OF ANY MATERIAL.

YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR DIGITAL CONTENT.

UNDER NO CIRCUMSTANCES WILL FXPAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION COSTS OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THIS IS THE CASE IN YOUR JURISDICTION, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, BY USING THIS SITE YOU AGREE THAT IN SUCH A CASE, FXPAL'S LIABILITY WILL BE LIMITED TO THE FULL EXTENT ALLOWED BY THE LAW.

17. Use of Information. FXPAL reserves the right, and you authorize FXPAL, to use and assign all information regarding the use of the Site by you and all information provided by you in any manner consistent with our Privacy Policy.

18. Applicable Law and Jurisdiction. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute regarding the use of the Service, or the Site on which the Service is provided, which may arise between you and FXPAL or its affiliates. In addition, you agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with regard to such matters.

19. Entire Agreement. These Terms constitute the entire agreement between FXPAL and you with respect to your use of the Site.

20. No Waiver. The failure of FXPAL to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.

21. Severability. If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect. In addition, the section titles used in the Agreement are purely for convenience and carry with them no legal or contractual effect.

22. Termination. FXPAL may terminate the Agreement, the Site or the provision of the Service at any time, with or without notice, for any reason. FXPAL will not be liable to you or any third party for any such termination.

23. Contact Information. If you have any questions about the Agreement or the use of the Site, please contact FXPAL by email (support@sgcollage.com).