Userbars.com Terms of Use

The services offered by userbars.com (.Userbars.) include the website located at www.userbars.com, designer.userbars.com, forum.userbars.com, archive.userbars.com and other related sites by userbars.com, including without limitation, the user accounts, profiles, userbars, technology, and other content and materials offered on or through that website (collectively, .Services.). This Terms of Use Agreement (.Agreement.) sets forth the legally binding terms for your use of the Userbars Services. By using the Userbars Services, you agree to be bound by this Agreement. If you do not agree with it, you should leave the Userbars Website and discontinue use of the Userbars Services immediately.

Userbars may modify this Agreement from time to time and any such modification will be effective upon its posting on the Userbars Website. You agree to be bound to any changes to this Agreement when you use the Userbars Services after any such modification is posted.

1. User Submissions. The Services may provide you with the ability to create, upload, distribute or post (.Submit(ting).) data, photographs, userbars, avatars, software, graphics, profile and other information to the Services (collectively, the .User Submissions.). By Submitting User Submissions, you acknowledge that you are publishing that User Submission, and that you may be identified publicly by your Userbar and other User Submissions (e.g., in connection with your forum posts, blogs, Facebook and/or Twitter accounts) by Userbars, third party Userbars-enabled websites (as that term in defined below), and others. More specifically, you hereby do and shall grant to Userbars a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to perform the Services (e.g., to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any User Submissions, and to allow others to do so).

By Submitting, you agree to be solely responsible for the User Submissions and release Userbars from any liability related to your use of the Services. You warrant, represent and agree that you will not Submit any User Submissions or otherwise use the Services in a manner that (i) infringes the intellectual property or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. You understand that Userbars shall not be responsible or liable for controlling or editing any User Submission, for any errors or omissions in any User Submission, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any User Submission; nor can Userbars ensure prompt removal of inappropriate or unlawful content or guarantee the identity of any other users or websites with whom you may interact in the course of using the Services.

2. Use of the Services by Third Party Websites. Third party websites may enable the use of the Services on their respective websites as expressly authorized by Userbars (e.g., API calls into Userbars); provided that they (i) do not copy, store or modify User Submissions; (ii) do not distribute, display, perform, use or otherwise exercise or exploit any User Submission or other user information for any purpose other than as necessary to perform the Services for the applicable user; (iii) have a privacy policy in effect and posted on such website that complies with all applicable laws and regulations and that notifies such user that it will only use personally identifiable information as set forth in (ii) above; and (iv) agree to be bound by and comply with all the terms, conditions, and limitations set forth in the Terms of Service (.Userbars-enabled website.).