Terms of Service

By using Flaggpole.com (the “Site”), a service of Flaggpole, Inc. (the “Company,” “we” or “us”), you are agreeing to be bound by the following terms and conditions ("Terms of Use" or “Terms”), whether or not you are a registered member of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Violation of any of these terms and conditions will result in the termination of your Site account. You understand and agree that the Company is not responsible for the content posted on the Site and that you use the Site at your own risk.

Basic Terms

1. You must be at least 13 years old to use the Site. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 13 or older and that you agree to abide by these Terms. Minor children under the age of 13 who wish to use the Site must obtain permission from their parents and their parents must agree to these Terms.
2. You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, “User Content”).
3. You are responsible for keeping your password secure.
4. You must not upload, transmit, post or otherwise share any content that (a) violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contains libelous, defamatory, or otherwise unlawful material; or (c) is obscene.
5. You must not abuse, harass, threaten, impersonate or intimidate other Flaggpole users.
6. You may not use the Flaggpole.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Flaggpole.com service.
8. You must not modify, adapt or hack Flaggpole.com or modify another website so as to falsely imply that it is associated with Flaggpole.com.
9. You must not create or submit unwanted email to any Flaggpole members ("Spam").
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You must not, in the use of Flaggpole, violate any laws in your jurisdiction (including but not limited to copyright laws).
12. Violation of any of these agreements will result in the termination of your Flaggpole.com account. While Flaggpole.com prohibits such conduct and content on its site, you understand and agree that Flaggpole cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Flaggpole.com service at your own risk.

General Conditions

1. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. What’s yours is yours. You own your User Content, not us. You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such your User Content in other works in any form, media, or technology now known or later developed. You also grant each user of the Site the right to access, display, view, store and reproduce such your User Content for personal use. You represent and warrant to the Company that you have the right to grant the licenses stated above.
3. We’re not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).
4. We reserve the right to modify or terminate the Flaggpole.com service for any reason, without notice at any time.
5. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
6. We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
7. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
8. The Flaggpole service makes it possible to post images and text hosted on Flaggpole to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on Flaggpole.com must provide a link back to Flaggpole. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites.
9. We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold legal claim or trademark on those public placemarks or usernames.

Copyright

1. We claim no intellectual property rights over the material you provide to the Flaggpole service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. You can also remove any text and images you have stored in the system.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Flaggpole undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
   1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
   2. A description of the copyrighted work claimed to have been infringed;
   3. A description of the infringing material and information reasonably sufficient to permit Flaggpole to locate the material;
   4. Your contact information, including your address, telephone number, and email;
   5. A statement by you 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
   6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
   7. Claims can be sent to feedback@flaggpole.com or Flaggpole Inc.,3810 Ashworth Ave. N. Seattle, WA. 98103. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).

Flaggpole, Inc.

(These terms of service were inspired by Twitter and Brightkite, permission pending)