CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THE CLAY-STREET WEB SITE. BY USING CLAY-STREET, YOU SIGNIFY
YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE
RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE
ANY PROVISIONS HEREIN AT ANY TIME. YOUR CONTINUED USE OF THE SITE FOLLOWING
THE POSTING OF ANY CHANGES TO THESE TERMS AND CONDITIONS WILL SIGNIFY
YOUR ASSENT TO THE CHANGES.
Limited Scope of Authorized Use.
You agree that you will not use Clay-Street for any unlawful purpose including,
but not limited to, submitting, posting, viewing, transmitting, reproducing
and/or distributing any content that: (1) infringes any copyright, trademark
or patent, (2) constitutes a trade secret or other confidential information,
(3) is defamatory or injurious to any person or entity, (4) violates any
person's right to privacy or publicity rights, (5) threatens harm to persons
or property or otherwise harasses any person and/or (6) is in violation
of any other civil or criminal law.
As used herein, "content" shall mean all text, graphics, photographs,
pictures, drawings, animation, audio, video, and any other material submitted,
posted, viewed, transmitted, reproduced and/or distributed by any person
or entity in connection with Clay-Street. You are prohibited from posting,
distributing or transmitting any unlawful content at Clay-Street. Examples
of unlawful content include but are not limited to copyrighted, trademarked
and other proprietary material used without proper authorization. Other
prohibited content includes but is not limited to: (1) suggestions or
encouragement of illegal activity, (2) private information about any individual
such as phone numbers, addresses or any other private information, and
(3) duplicative posting or "spamming."
Restrictions on Use of Clay-Street Materials.
This site is owned and operated by Clay-Street (referred to
as "Clay-Street," "we," "us,"
or "our" herein). No material from Clay-Street may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the materials on
any single computer for your personal, noncommercial home use only. Modification
of the materials or use of the materials for any other purpose is a violation
of Clay-Street's copyright and other proprietary rights. All
trademarks, service marks and trade names are proprietary to Clay-Street. In the event that you download software from Clay-Street,
the software, including any files images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by Clay-Street.
Clay-Street retains full and complete title to the Software
and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse engineer, or disassemble the Software.
Right to Remove and Destroy Material.
Clay-Street reserves the right to remove and destroy any photographs,
literature, information or any other content from Clay-Street that is
not within the limited scope of authorized use. However, you agree that
Clay-Street shall NOT be responsible for screening, policing,
editing or monitoring any content or other material submitted, posted,
viewed, transmitted, reproduced and/or distributed by any person on Clay-Street.
Clay-Street understands and respects your desire for privacy.
When you voluntarily offer content to your Clay-Street personal gallery
area, you understand and agree that the content may be viewed, collected
and used by others who visit your online gallery area. Clay-Street
will not disclose any of your other personal particulars unless required
in the normal course of maintenance of Clay-Street and its systems or
unless required to do so by law or in the good-faith belief that such
action is necessary to: (1) comply with the law or comply with legal process
served on Clay-Street, (2) protect and defend the rights of
Clay-Street, or (3) act in an emergency to protect the personal
safety of our members or the public.
When you sign up for Clay-Street online, you are asked for your name,
email address, billing and mailing addresses, and contact numbers. This
information is stored and used to create an online gallery account, for
billing and for authentication. When you make an online subscription,
upgrade or renewal, the information you provide allows Clay-Street
to process and fulfill your order, and to notify you of your order status.
When you enter a sweepstakes or other promotional feature, we may ask
for your name, address, and email address so we can administer the contest
and notify the winners.
Ownership and Rights to Use Content.
You represent and warrant that you are the sole owner of all rights in
content posted by you (including all related copyrights) or that you have
the absolute right and license to said content as provided in this section.
While you will retain ownership of the copyright or license in the content
posted by you, you agree that all content posted by you shall become part
of a database in Clay-Street, and that Clay-Street will own
the database and copyright in any derivative works based on the content.
In addition, you warrant that all so-called moral rights in those materials
have been waived. Neither Clay-Street nor any third party
using the content in accordance with this section will be obligated to
pay you any royalties or other compensation for use of the content.
You agree to indemnify, hold harmless and defend Clay-Street,
its officers, directors, employees, agents, successors, subsidiaries,
sublicensees and assigns from and against any and all claims, damages,
losses, costs and liabilities (including reasonable attorneys' fees and
court costs) arising out of or related to any breach of this agreement
by you or anyone acting under your direction, authority and control, including
without limitation the publication, distribution, exhibit or other use
of the content posted by you.
You forever release and waive your right, and that of your minor offspring,
assigns and successors, to bring suit against Clay-Street
and the above-referenced affiliated persons and entities for any injury
or damage allegedly arising from Clay-Street or your use of Clay-Street
including without limitation any injury or damage you may suffer as the
result of viewing, uploading or downloading any images or content at Clay-Street.
THE MATERIALS, CONTENT, SERVICES AND PRODUCTS OF CLAY-STREET ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
Clay-Street DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Clay-Street DOES NOT WARRANT
THAT ANY PART OF CLAY-STREET WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Clay-Street DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT, SERVICES OR PRODUCTS
OF THIS SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT Clay-Street) ASSUME THE ENTIRE
COST OF ALL NECCESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
Clay-Street DOES NOT WARRANT OR GUARANTEE THE ACCURACY, QUALITY,
SUBJECT OR LEGALITY OF ANY CONTENT MADE AVAILABLE THROUGH CLAY-STREET
BY CLAY-STREET MEMBERS AND/OR GUESTS. THE USE, DISTRIBUTION, OR PUBLICATION
OF ANY CONTENT WITHIN CLAY-STREET DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT
BY Clay-Street OF SUCH CONTENT, OR OF ANY OPINIONS OR COMMENTS
CONTAINED IN SUCH CONTENT.
Clay-Street explicitly disclaims any responsibility for the
accuracy, content, or availability of information found on sites that
link to or from third parties not associated with Clay-Street.
Clay-Street cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party
sites, and you hereby irrevocably waive any claim against Clay-Street
with respect to such sites.
Clay-Street cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site that
links to or from Clay-Street. Clay-Street does not endorse
any of the merchandise, nor has Clay-Street taken any steps
to confirm the accuracy or reliability of, any of the information contained
in such third-party sites. Clay-Street does not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim against
Clay-Street with respect to such sites.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL
Clay-Street BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT ARISING OUT OF YOUR USE OR INABILITY TO USE CLAY-STREET, ANY
OF CLAY-STREET'S CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE.
EVEN IF Clay-Street OR AN AUTHORIZED Clay-Street
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL Clay-Street'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THE CLAY-STREET WEB SITE.
Clay-Street reserves the right to terminate your membership
or subscription to Clay-Street at any time for violation of this agreement
or the law, or as Clay-Street otherwise deems appropriate
without notice and without cause. Clay-Street may discontinue
its services provided by Clay-Street at any time without notice and without
cause. You acknowledge that your reliance on the continuation of these
services is unreasonable given the right of Clay-Street to
terminate services or your membership for any reason at any time. Upon
termination of Clay-Street by Clay-Street, you acknowledge
and agree that all content and information may be disposed of by any means
as determined by Clay-Street in its sole discretion. Upon
termination by any party, you must destroy all materials or content obtained
When your Clay-Street membership lapses and you do not renew your membership,
along with full renewal payment, for a period of 30 days, Clay-Street
will send you an email reminder related to Clay-Street services and a
warning of possible termination of your membership and deletion of any
online content or materials on your existing personal online gallery site
after the 30-day lapse. Nothing in this provision is intended to convey
any actionable rights to you and no such rights shall exist.
Clay-Street retains the right to amend this agreement from
time to time, and your continued use of Clay-Street constitutes your acceptance
of such amendments. If you find changes in these terms in some way that
are unacceptable, you agree to discontinue your use of Clay-Street.
You agree that this Agreement and any dispute relating to the Agreement,
Clay-Street or any content used in connection with Clay-Street will be
governed by and construed in accordance with the laws of Singapore, as
such laws are applied to agreements entered into and to be performed entirely
within Singapore between Singapore residents, without regard to conflicts
of law and without regard to the United Nations Convention on Contracts
for the Sale of Goods, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
You agree that this agreement will be enforceable by us and our successors
and assigns against you and your heirs, minor successors, and assigns.
You agree that if any provision within this Agreement is found to be void
or unenforceable, it will not affect the validity of the balance of this
Agreement which remain valid and enforceable. This Agreement is the entire
agreement between the parties and supercedes in its entirety any and all
written or oral agreements previously existing between the parties. This
agreement cannot be amended except as set forth above. No waiver by either
party, whether express or implied, of any provision of this Agreement,
or any breach thereof, shall constitute a continuing waiver of such provision
or a waiver of any other provision of this Agreement.
All references to "us", "our" and "Clay-Street" in this agreement are intended to refer to Clay-Street, Inc. and its affiliate entities. All references to "you",
"your" and "user" in this agreement are intended to
refer to the user who accepts this Agreement by clicking the "I accept"
button in the previous window.
All notices in connection with Clay-Street and this Agreement shall be
sent via email. The email notice shall be deemed received when it is sent
whether or not the email notice has been read or opened. If you have any
questions about this terms of service, the practices of this site, or
your dealings with the Clay-Street, you can contact us via email at firstname.lastname@example.org.