A. FavoriteThingz.com permits the submission of images, sounds, videos or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, FavoriteThingz.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FavoriteThingz.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the FavoriteThingz.com and these Terms of Use.
C. In connection with User Submissions, you further agree that you will not: (i) submit 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 FavoriteThingz.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FavoriteThingz.com or any third party; (iii) 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. FavoriteThingz.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FavoriteThingz.com expressly disclaims any and all liability in connection with User Submissions. FavoriteThingz.com does not permit copyright infringing activities and infringement of intellectual property rights on the FavoriteThingz.com, and FavoriteThingz.com will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. FavoriteThingz.com reserves the right to remove Content and User Submissions without prior notice. FavoriteThingz.com will also terminate a User's access to the FavoriteThingz.com, 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 Content or a User Submission removed from the FavoriteThingz.com more than twice. FavoriteThingz.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. FavoriteThingz.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FavoriteThingz.com's designated Copyright Agent to receive notifications of claimed infringement is:
Sprout Commerce
Attn: Copyright Dept
1117 Sawgrass Corporate Parkway
Sunrise, FL 33323
Tel: (954) 579-6181
You acknowledge that if you fail to comply with all of the requirements of this Section (D), your DMCA notice may not be valid.
E. You understand that when using the FavoriteThingz.com, you will be exposed to User Submissions from a variety of sources, and that FavoriteThingz.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User 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 FavoriteThingz.com with respect thereto, and agree to indemnify and hold FavoriteThingz.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. FavoriteThingz.com permits you to link to your own User Submissions hosted on the FavoriteThingz.com or User Submissions of other third parties available on the FavoriteThingz.com, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and FavoriteThingz.com does not guarantee that their availability will be uninterrupted or bug free. FavoriteThingz.com reserves the right to discontinue any aspect to the FavoriteThingz.com at any time, including discontinuing any linked or embedded Content either generally or in specific cases.