AboutTownSite.com

Terms of Use Agreement

      Gillespie, Inc. ("Gillespie" ) operates AboutTownSite.com (the "Site"), which is a content hosting and sharing service that allows Users (as defined in the following paragraph) to upload and download images, text and videos and share them across the internet. The services offered by Gillespie include (1) the Site; (2) the “Content” as herein defined and further defined in paragraph 2.1 below (including, without limitation, images, video and accompanying audio and text) and Content hosting and sharing on the Site; and (3) third party sites, applications and services, content editors, links to partner providers, printing and other photographic merchandise, Gillespie’s  APIs, and any other features, content, mobile services, Gillespie branded URLs or applications offered from time to time by Gillespie in connection with Gillespie’s business (collectively, the "AboutTownSite.com Services"). The AboutTownSite.com Services are hosted in the United States.

      1. Terms of Use Agreement.  This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AboutTownSite.com Services. Use of the Site is also governed by the AboutTownSite.com Privacy Policy, which is incorporated into this Agreement by this reference. By using the AboutTownSite.com Services, you agree to be bound by this Agreement. The term "User" refers to any individual, person, corporation, partnership, limited liability company or any other business entity, as well as any officer, employee, shareholder, member, or partner of such business entity, who uploads images, videos or text to the Site, or downloads images, videos or text from the Site, or provides text to the Site in any manner.   You are only authorized to post material to this Site if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should not post material to this Site. If you wish to make use of the AboutTownSite.com Services, read this Agreement and reaffirm your acceptance.

      1.1 This Agreement includes AboutTownSite.com’s policy for acceptable use of the AboutTownSite.com Services and Content (as defined above and in Section 2.1 below) posted on or through the AboutTownSite.com Services and your rights, obligations and restrictions regarding your use of the AboutTownSite.com Services and Content posted on or through the AboutTownSite.com Services.

      1.2 AboutTownSite.com or Gillespie may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by AboutTownSite.com on the Site.

      1.3 Please choose carefully the information you post on or through the AboutTownsite.com Services and that you make available directly or indirectly to other Users. Your Content that you upload to AboutTownSite.com may not include any form of Prohibited Content, as outlined in Section 3 below.

      1.4 AboutTownSite.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the AboutTownSite.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. AboutTownSite.com expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the AboutTownSite.com Services if AboutTownSite.com or Gillespie determines, in its sole discretion, that you have violated this Agreement or pose a threat to AboutTownSite.com or its Users.

      1.5 By using AboutTownSite.com, you represent and warrant that: (a) all images, video and text uploaded by you belongs to you and you have the right to transfer the ownership of the same to Gillespie; (b) if you are an individual, you are 19 years of age or older; and (c) your use of AboutTownSite.com does not violate any applicable law or regulation.

      1.6 This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use AboutTownSite.com. AboutTownSite.com may terminate or remove your material at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability.

2. Proprietary Rights in Content on the Site.

      2.1 Gillespie acquires any and all ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, artwork, applications, or any other materials (collectively, "Content") that you upload, display, publish or post on or through  AboutTownSite.com.   By uploading, displaying or publishing ("posting") any Content on or through AboutTownSite.com, you hereby convey absolute ownership of such Content to Gillespie and grant to Gillespie the unlimited right to use, modify, sell, license, profit from, delete from, add to, publicly perform, publicly display, reproduce or translate such Content without the payment of any purchase price or royalties.  You further agree and warrant that AboutTownSite.com and Gillespie shall have no liability or responsibility for the use of any such Content by any other User. 

      2.2 By uploading, displaying, publishing (“posting”) any Content, you represent and warrant that: (i) prior to its posting, you owned the Content posted by you and have the absolute right to convey its ownership to Gillespie in accordance with the terms of paragraph 2.1 above; (ii) the posting and use of your Content on, through or by AboutTownSite.com or Gillespie does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity; and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all costs, royalties, fees, expenses, damages including a reasonable attorney’s fee, and any other monies owed to any other person or entity by reason of Content you post on or through the AboutTownSite.com, or the subsequent use of such Content by Gillespie or AboutTownSite.com, and to hold Gillespie and AboutTownSite.com harmless from any such costs, royalties, fees, expenses, or damages including a reasonable attorney’s fee. 

      2.3    All of the AboutTownSite.com Services and all of the Content posted by you shall remain the sole and absolute property of Gillespie.  Gillespie and AboutTownSite.com hereby grant you a limited, revocable, non-deliguble license to reproduce and display the Content in connection with viewing the Site and using  AboutTownSite.com.

      2.4 AboutTownSite.com performs technical functions necessary to offer the AboutTownSite.com Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the AboutTownSite.com Services.

      2.5 Although the Site and other AboutTownSite.com Services are normally available, there will be occasions when the Site or other AboutTownSite.com Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of AboutTownSite.com.  Also, although AboutTownSite.com will normally only delete Content that violates this Agreement, AboutTownSite.com reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by AboutTownSite.com in order to comply with certain legal obligations and is not retrievable without a valid court order.  AboutTownSite.com will not be liable to you for any modification, suspension, or discontinuation of the AboutTownSite.com Services, or the loss of any Content.

3. Content Posted.

      3.1    AboutTownSite.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AboutTownSite.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. AboutTownSite.com assumes no responsibility for monitoring the AboutTownSite.com Services for inappropriate Content or conduct.   If at any time AboutTownSite.com chooses to monitor the AboutTownSite.com Services, AboutTownSite.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

      3.2  You are solely responsible for the Content that you post on or through any of AboutTownSite.com, and any material or information that you transmit to other Users and for your interactions with other Users.

      3.3 Neither Gillespie nor AboutTownSite.com shall be liable or responsible if any person or entity, who uses or visits the Site, takes an image, video or audio message from the Site and either uses it or transmits it to another, in either its original form or in an edited form, in a manner that constitutes prohibited Content or activity as defined in the following paragraph.

      4. Content or Activity which is Prohibited. You must use the AboutTownSite.com Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the AboutTownSite.com Services. AboutTownSite.com reserves the right to investigate and take appropriate legal action against anyone who, in sole discretion of Gillespie or AboutTownSite.com, violates this provision, including without limitation, removing the offending Content from the AboutTownSite.com Services.  “Prohibited Content” includes, but is not limited to, Content that, in the sole discretion of AboutTownSite.com:

      4.1  is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

      4.2  harasses or advocates harassment of another person;

      4.3  exploits people in a sexual or violent manner;

      4.4  contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

      4.5  solicits personal information from anyone under the age of 19;

      4.6  publicly posts information that poses or creates a privacy or security risk to any person;

      4.7  constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

      4.8  constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

      4.9  involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

      4.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

      4.11  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

      4.12  involves commercial activities and/or sales without prior written consent from AboutTownSite.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;

      4.13  includes a photograph or video of another person that you have posted without that person's consent; or

      4.14  violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.

      5. Indemnity. You agree to indemnify and hold Gillespie and AboutTownSite.com, separately and severally, and their  subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, fee, expense, royalty, tax or damages including reasonable attorneys' fees, due to or arising from (1) your use of the AboutTownSite.com Services in violation of this Agreement; or (2) your breach of this Agreement, or any breach of your representations and warranties set forth in this Agreement; or (3) if any Content that you post on or through the AboutTownSite.com Services causes AboutTownSite.com or Gillespie to be liable to another; or (4) Gillespie’s use of its ownership rights conveyed in paragraph 2.1.

      6. Protecting Copyrights and Other Intellectual Property. AboutTownSite.com respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. 

      7. Other. This Agreement is accepted upon your use of the Site or any of the AboutTownSite.com.  This Agreement constitutes the entire agreement between you and AboutTownSite.com regarding the use of the AboutTownSite.com Services or the Site.  The failure of AboutTownSite.com or Gillespie to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.