Effective Date Aug. 1, 2017
This Statement of Terms and Conditions (“Terms”) and is our terms of service that governs our relationship with users and others who interact with Graffiti (the “Service”). By using or accessing the Graffiti Service, you agree to the Terms, as updated from time to time in accordance with Section 12 below. Additionally, you will find resources at the end of this document that help you understand how Graffiti works.
- Sharing Your Content and Information: You own all of the content and information you post on Graffiti, and you can control how it is shared through your Privacy and Profile Settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your Privacy and Profile Settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Graffiti (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Graffiti, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Graffiti, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- Safety: We do our best to keep Graffiti safe, but we cannot guarantee it. We need your help to keep Graffiti safe, which includes the following commitments to our Community Standards. These guidelines outline our expectations regarding the content you post via Graffiti and your activity on Graffiti by you:
- You will not post unauthorized commercial communications (such as spam) on Graffiti.
- You will not collect users’ content or information, or otherwise access Graffiti, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Graffiti.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Graffiti to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Graffiti, such as a denial of service attack or interference with page rendering or other Graffiti functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security: Graffiti users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Graffiti, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account on Facebook for the purposes of registering on Graffiti with multiple profiles.
- If we disable your account, you will not create another Facebook account for the purposes of re-registering with Graffiti under the same or a different alias.
- You will not use Graffiti if you are under 13.
- You will not use Graffiti if you are a convicted sex offender.
- You will not share your password let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
- Protecting Other People’s Rights: We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Graffiti that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Graffiti if we believe that it violates these Terms without notifying you.
- If we remove your content for violating our Terms including infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe these Terms and other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks without our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Graffiti.
- Copyright Complaints and Copyright Agent
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 321 Pauline Blvd., Ann Arbor, MI 48103:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description 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;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. 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
7. 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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- 1. Your physical or electronic signature;
- 2. A description of the content that has been removed and the location at which the content appeared before it was removed;
- 3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- 4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
- We currently provide a mobile friendly website to manage your Graffiti for free, but please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Graffiti within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent that you are aware you cannot currently create Graffiti from your mobile device.
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- If you download or use our software, such as an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- Your continued use of the Graffiti Service, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- Termination: If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Graffiti to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the Terms will still apply.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Graffiti exclusively in a state court located in Washtenaw County, Michigan and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Michigan will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Graffiti, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Graffiti and are not responsible for the content or information users transmit or share on Graffiti. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Graffiti. We are not responsible for the conduct, whether online or offline, of any user of Graffiti.
- WE TRY TO KEEP GRAFFITI UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING GRAFFITI AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GRAFFITI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT GRAFFITI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. GRAFFITI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GRAFFITI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GRAFFITI WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 SUCH CASES, GRAFFITI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States: We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Graffiti outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Graffiti (such as advertising or payments) or operate a Platform application or website. You will not use Graffiti if you are prohibited from receiving products, services, or software originating from the United States.
- By “Graffiti” or” Graffiti Service” we mean the features and services we make available, including through (a) our website at www.graffitiover.com and any other Graffiti branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Software; (c) browser extensions and plugins and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Graffiti reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these Terms.
- By “Software” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Graffiti or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Graffiti.
- By “content” we mean anything you or other users post, provide or share using the Graffiti Service.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Graffiti or provide to Graffiti through the Software.
- By “post” we mean post on Graffiti or otherwise make available by using Graffiti.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application or website that uses or accesses the Software, as well as anything else that receives or has received data from us. If you no longer access the Software but have not deleted all data from us, the term application will apply until you delete the data.
- These Terms constitute an agreement between you and Graffiti, Inc.
- These Terms make up the entire agreement between the parties regarding Graffiti, and supersedes any prior agreements.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Terms must be made in writing.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Graffiti.