TERMS OF SERVICE
As a condition to using the Publicdrum, you agree to the following
TERMS OF SERVICE (this "Agreement").
- Description of Service. Publicdrum a free application to assist distribution of event data, (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Publicdrum disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Publicdrum also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Restrictions on Use. Publicdrum is made available for your use in compliance with all applicable laws, rules and regulations. If you want to make commercial use of Publicdrum, including but not limited to selling or distributing Publicdrum for payment, you must enter into an agreement with Publicdrum or obtain our written permission in advance. If you are asked to register, you must provide complete and accurate identification, contact, and other information required as part of the registration process. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Publicdrum reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Publicdrum; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Publicdrum reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. Publicdrum takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Publicdrum have any obligation to monitor such third party content. Publicdrum reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Publicdrum also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Publicdrum, its users and the public. Publicdrum will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Intellectual Property Rights. Our Intellectual Property Rights. You acknowledge that Publicdrum owns all right, title and interest in and to the mark Publicdrum and the Service including, without limitation, all intellectual property rights (the "Publicdrum Rights"), and such Publicdrum Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Publicdrum Rights include rights to: (i) the Service developed and provided by Publicdrum; (ii) all software associated with the Service; and (iii) the trademark to the mark Publicdrum. The Publicdrum Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Publicdrum does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Publicdrum. We will not use any of your content for any purpose except to provide you with the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Publicdrum to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Privacy. Publicdrum understands that privacy is important to you. You do, however, agree that Publicdrum may monitor, edit or disclose your personal information, including the content of your calendars and events, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order).
- Publicity. You may not use our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") without our prior written consent.
- Termination; Cancellation. Publicdrum may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Publicdrum will notify you via email of any such termination or cancellation, which shall be effective immediately upon our delivery of such notice.
- Indemnification. You agree to hold harmless and indemnify Publicdrum, and its subsidiaries, affiliates, officers, agents, and employees 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, Publicdrum will provide you with written notice of such claim, suit or action.
- Choice of Law Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Ingham County, Michigan, and you consent to the jurisdiction of such courts.
- Miscellaneous. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this Agreement and its referenced parts constitute the entire agreement between you and Publicdrum with respect to the use of the Service.