Date of Last Revision: Mar 7, 2016.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Red Fez. By using or accessing Red Fez, you agree to this Statement, as updated from time to time.
2. Sharing Your Content and Information
You own all of the content and information you post on Red Fez, and you can control how it is shared through your privacy settings. In addition:
1. For creative content that is submitted to Red Fez for publication and is subsequently published by Red Fez, authors retain creative control and ownership of the work, but grant Red Fez exclusive, non-transferable, royalty-free, worldwide license to retain the work on the Red Fez website for a period of 1 year. After 1 year, Red Fez retains only the right to keep the work on the site, royalty free. Authors can request the removal of content from the site after the 1 year period, however Red Fez does not guarantee removal in all cases. Authors retain full rights to work that is submitted to the site and NOT published by Red Fez within 60 days of submission. Authors and artists grant Red Fez the right to any earnings made via their content on the website by the publication and hosting of the author’s or artist’s work on the Red Fez website, such as through advertising.
2. For all other content posted to the site that is covered by intellectual property rights, such as photos and videos (IP content), you specifically give us the following permission, subject to your privacy 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 Red Fez (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.
3. When you delete IP content, it is removed from our active database, however, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
4. We always appreciate your feedback or other suggestions about Red Fez, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
5. You agree to allow Red Fez to communicate with you via email from time to time regarding our services, features, changes and your account. You can adjust your email preferences in your profile.
We do our best to keep Red Fez safe, but we cannot guarantee it. You can help to keep Red Fez safe through the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on Red Fez.
2. You will not collect users' content or information, or otherwise access Red Fez, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Red Fez.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not use Red Fez to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Red Fez, such as a denial of service attack or interference with page rendering or other Red Fez functionality.
10. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Red Fez users provide their real names and information, and we need your help to keep it secure. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Red Fez for the purposes of illegal activity, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account. Authors and artists may create one secondary account for their artist profile if they wish. In this case, authors and artists will not use their accounts to influence rating or ranking of works on the site.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain.
5. You will not use Red Fez if you are under 13.
6. You will not use Red Fez if you are a convicted sex offender.
7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without first getting our written permission.
9. 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).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Red Fez that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Red Fez if we believe that it violates this Statement or our policies.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Red Fez, the Red Fez Logos, Scroll, Fez name), or any confusingly similar marks, except as expressly permitted by our prior written permission.
7. You will not post anyone's identification documents or sensitive financial information on Red Fez.
If you make a payment on Red Fez, you agree to our payment terms.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. We do not give your content or information to advertisers without your consent.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Red Fez to you. You may also delete your account or disable your application at any time.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Red Fez exclusively in the Canadian court, 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 filing will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on Red Fez, 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 Red Fez and are not responsible for the content or information users transmit or share on Red Fez. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Red Fez. We are not responsible for the conduct, whether online or offline, or any user of Red Fez.
3. We try to keep Red Fez up, bug-free, and safe, but you use it at your own risk. We are providing Red Fez 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 Red Fez will always be safe, secure or error-free or that Red Fez will always function without disruptions, delays or imperfections. Red Fez 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. 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 Red Fez, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Red Fez 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, Red Fez’s liability will be limited to the fullest extent permitted by applicable law.
1. By "Red Fez" we mean the features and services we make available, including through (a) our website at www.redfez.net and any other Red Fez branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Red Fez or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Red Fez.
4. By "content" we mean anything you or other users post on Red Fez that would not be included in the definition of information.
5. 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 Red Fez or provide to Red Fez through Platform.
6. By "post" we mean post on Red Fez or otherwise make available by using Red Fez.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into Red Fez at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
1. This Statement makes up the entire agreement between the parties regarding Red Fez, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. You will comply with all applicable laws when using or accessing Red Fez.