Acceptance of These Terms of Service
These Terms of Service apply to all users of the ShareSWF website (the "Site"), including users who are also contributors ("Submitters") of content, information, and other materials on, or made available through, the Site.
BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO ShareSWF'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
The owner of the Site, ShareSWF Inc ("referred to herein as "We" or "ShareSWF") may modify or terminate any services offered by ShareSWF from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any ShareSWF Services.
Third Party Content Made Accessible by ShareSWF
This site displays and/or makes available materials and links to MP3 audio files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom ShareSWF exercises no control. ShareSWF cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.
Copyright Infringement Policy
ShareSWF responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.
Trademark
Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Site Access
ShareSWF hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:
* use of the Site for personal or commercial reasons is permitted. Abusive, offensive, harmful, infringing, spammy, or crassly commercial material is not permitted and we reserve the right to take down any content from ShareSWF at any time for any reason.
* you will not copy or distribute any part of the Site in any medium without ShareSWF's prior written authorization;
* you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and * You will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShareSWF immediately of any breach of security or unauthorized use of your account. Although ShareSWF will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShareSWF or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the ShareSWF servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ShareSWF grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShareSWF reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by ShareSWF for) the display of any such advertisements.
Intellectual Property Rights
All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("ShareSWF Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ShareSWF, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. ShareSWF Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ShareSWF or the respective owners of such Submissions. ShareSWF reserves all rights not expressly granted in and to the Site and the ShareSWF Content. You agree to not engage in the use, copying, or distribution of any of the ShareSWF Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any ShareSWF Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any ShareSWF Content or Submissions, or enforce limitations on use of the Site or the ShareSWF Content or Submissions displayed or made available therein.
Submissions
If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, ShareSWF does not guarantee any confidentiality or security with respect to any such Submissions.
You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:
* You own or have the necessary licenses, rights, consents, and permissions to use and authorize ShareSWF to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
* You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to ShareSWF, however, you hereby grant ShareSWF a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and ShareSWF's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by ShareSWF). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
You hereby represent and warrant that you will not:
* Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ShareSWF all of the license rights granted herein.
* Publish falsehoods or misrepresentations that could damage ShareSWF or any third party;
* Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
* Post advertisements or solicitations of business.
* Impersonate another person. ShareSWF does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and ShareSWF expressly disclaims any and all liability in connection with Submissions.
ShareSWF does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ShareSWF will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. ShareSWF reserves the right to remove Submissions without prior notice. ShareSWF will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. ShareSWF also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ShareSWF may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the ShareSWF Site, you will be exposed to Submissions from a variety of sources, and that ShareSWF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShareSWF with respect thereto, and agree to indemnify and hold ShareSWF, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by ShareSWF for) the display of any such advertisements.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, ShareSWF DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.
THE ShareSWF SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE ShareSWF SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ShareSWF AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ShareSWF SERVICES. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY ShareSWF SERVICE. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY ShareSWF SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ShareSWF SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ShareSWF SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.
These Terms of Service apply to all users of the ShareSWF website (the "Site"), including users who are also contributors ("Submitters") of content, information, and other materials on, or made available through, the Site.
BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO ShareSWF'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
The owner of the Site, ShareSWF Inc ("referred to herein as "We" or "ShareSWF") may modify or terminate any services offered by ShareSWF from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any ShareSWF Services.
Third Party Content Made Accessible by ShareSWF
This site displays and/or makes available materials and links to MP3 audio files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom ShareSWF exercises no control. ShareSWF cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.
Copyright Infringement Policy
ShareSWF responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.
Trademark
Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Site Access
ShareSWF hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:
* use of the Site for personal or commercial reasons is permitted. Abusive, offensive, harmful, infringing, spammy, or crassly commercial material is not permitted and we reserve the right to take down any content from ShareSWF at any time for any reason.
* you will not copy or distribute any part of the Site in any medium without ShareSWF's prior written authorization;
* you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and * You will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShareSWF immediately of any breach of security or unauthorized use of your account. Although ShareSWF will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShareSWF or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the ShareSWF servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ShareSWF grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShareSWF reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by ShareSWF for) the display of any such advertisements.
Intellectual Property Rights
All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("ShareSWF Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ShareSWF, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. ShareSWF Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ShareSWF or the respective owners of such Submissions. ShareSWF reserves all rights not expressly granted in and to the Site and the ShareSWF Content. You agree to not engage in the use, copying, or distribution of any of the ShareSWF Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any ShareSWF Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any ShareSWF Content or Submissions, or enforce limitations on use of the Site or the ShareSWF Content or Submissions displayed or made available therein.
Submissions
If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, ShareSWF does not guarantee any confidentiality or security with respect to any such Submissions.
You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:
* You own or have the necessary licenses, rights, consents, and permissions to use and authorize ShareSWF to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
* You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to ShareSWF, however, you hereby grant ShareSWF a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and ShareSWF's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by ShareSWF). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
You hereby represent and warrant that you will not:
* Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ShareSWF all of the license rights granted herein.
* Publish falsehoods or misrepresentations that could damage ShareSWF or any third party;
* Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
* Post advertisements or solicitations of business.
* Impersonate another person. ShareSWF does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and ShareSWF expressly disclaims any and all liability in connection with Submissions.
ShareSWF does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ShareSWF will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. ShareSWF reserves the right to remove Submissions without prior notice. ShareSWF will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. ShareSWF also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ShareSWF may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the ShareSWF Site, you will be exposed to Submissions from a variety of sources, and that ShareSWF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShareSWF with respect thereto, and agree to indemnify and hold ShareSWF, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by ShareSWF for) the display of any such advertisements.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, ShareSWF DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.
THE ShareSWF SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE ShareSWF SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ShareSWF AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ShareSWF SERVICES. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY ShareSWF SERVICE. ShareSWF AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY ShareSWF SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ShareSWF SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ShareSWF SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.