Changes to the Service and Terms of Service

We reserve the right to modify or terminate the Service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and registration

Membership in the Service is void where prohibited. This Site is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Upon registration with the Service, you agree to supply your correct date of birth, which we will use to confirm your age. We may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if we believe that you are under 13.

The Service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Service for any purpose. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You may not publish, transmit, distribute, display, rent, sell, or share your login information. You are solely responsible for your conduct, the conduct of any party using your account, and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Service. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are, or are links to, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Other examples of illegal or unauthorized uses include, but are not limited to:

• modifying, adapting, translating, or reverse engineering any portion of the Service;
• removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
• using any robot, spider, site search/retrieval application, or other device or automated means to retrieve or index any portion or the Service, or to submit information to or make requests of the Service;
• collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
• reformatting or framing any portion of the web pages that are part of the Service;
• creating user accounts by automated means or under false or fraudulent pretenses;
• creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
• submitting Materials of any third party without such third party's prior written consent;
• directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
• submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by the Service;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• submitting Materials that are unlawful or promote or encourage illegal activity; or
• submitting false or misleading information.

While the Service prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Service at your own risk.

The Service's proprietary rights

By submitting, posting or displaying any Materials on or through the Service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, you may not upload any Materials previously copyrighted by you or another party, or containing explicit material, and our use of your personal information is governed by our Privacy Policy. The Company and its affiliates and licensors own and retain all rights in the Site and Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of the Service's proprietary information. "Quotelet", "Quotelet.com", "They said it. You spread it.", and the quote bubble logo are copyrights of the Company. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. You understand and agree that the Service may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of the Service, its affiliates or the public.

Disclaimer of warranties

The Company and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Service. The Company disclaims any and all responsibility and liability for the conduct of any Member. THE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS 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. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold harmless and indemnity

You agree to hold harmless and indemnify the Company from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Company will provide you with written notice of such claim, suit or action.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE DOLLARS ($5.00 USD).

Term and termination

These Terms of Service will apply to your use of the Service. At any time, you can disable your account, which will remove from view of other Members your profile, and quotes that you have posted. After your account has been disabled, you have a minimum of thirty (30) days to re-enable your account. After this period, your account is eligible to be permanently deleted. Your account data may persist in backup copies, but will not be available to Members of the Service.

We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices

The Company may provide you with notices regarding the Service or these Terms of Service by regular mail, e-mail, or postings to the Site.

Miscellaneous provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God (or the Flying Spaghetti Monster, or any other deity), war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Copyright information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on by the Service, please read the following information for filing or responding to a notice of infringement. To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format:

1. Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the image that appears on John Doe's profile on [URL here]."
2. Identify the material that you claim is infringing the material listed in item #1 above.
3. Provide information reasonably sufficient to permit the Company or the Service to contact you, including your primary e-mail address.
4. Provide information, if possible, sufficient to permit the Company or the Service to notify the user(s) who posted the content that allegedly contains infringing material, including your primary e-mail address.
5. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send a scanned copy to takeThisOut-support@quotelet.com, and request an address to which your written communication should be mailed. Upon receipt of the mailing address, send your written communication to the supplied address.

The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question. To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format:

1. Identify the specific URLs of material that the Service or the Company has removed or to which the Service has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Norfolk County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided notification to the Service of the infringement or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper.
5. Send a scanned copy to takeThisOut-support@quotelet.com, and request an address to which your written communication should be mailed. Upon receipt of the mailing address, send your written communication to the supplied address.