PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING ANY OF THE COLORFULOC SITE.
Note that special terms apply to some
services offered on certain The
ColorfulOC Site, like subscription-based
services, rules for particular contests or sweepstakes or other features
or activities. These terms are posted in connection with the applicable
service. Any such terms are in addition to these terms of use, and
in the event of a conflict, prevail over these terms of use.
You acknowledge that these terms of
use are supported by reasonable and valuable consideration, the receipt
and adequacy of which are hereby acknowledged. Without limiting the
generality of the foregoing, you acknowledge that such consideration
includes your use of The
ColorfulOC Site and receipt
of data, materials and information available at or through The
ColorfulOC Site,
the possibility of our use or display of your Solicited Submissions
(as defined below in Section 3, entitled "SUBMISSIONS") and
the possibility of the publicity and promotion from our use or display
of your Solicited Submissions.
USE OF CONTENT
All information, materials, functions and other content (including Submissions,
as defined in Section 3, entitled "SUBMISSIONS") ("Content")
contained on The
ColorfulOC Site are our copyrighted
property or the copyrighted property of our licensors or licensees. All
trademarks, service marks, trade names, and trade dress are proprietary
to us and/or our licensors or licensees. We may change the WDIG Sites or
delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing,
no Content from any The
ColorfulOC Site may be used,
reproduced, transmitted, distributed or otherwise exploited in any
way other than as part of The
ColorfulOC Site, except that
where a The
ColorfulOC Site is
configured to enable the download of particular Content, you may download
one copy of such Content to a single computer for your personal, noncommercial
home use only, provided that you (a) keep intact all copyright and
other proprietary notices, (b) make no modifications to the Content,
and (c) do not use the Content in a manner that suggests an association
with any of our products, services or brands. Any business use, "re-mailing" or
high-volume or automated use of The
ColorfulOC Site is
prohibited.
In the event that we offer downloads
of software on The
ColorfulOC Site and you download
such software, the software, including any files, images incorporated
in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us
or third-party licensors for your personal, noncommercial home use
only. We do not transfer title to the Software to you. You may not
distribute or otherwise exploit the Software or decompile, reverse
engineer, disassemble or otherwise reduce the Software to a human-readable
form.
SUBMISSIONS
In these terms of use, we use the word "Submissions" to mean text,
messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments,
formats, artwork, photographs, drawings, videos, audiovisual works, musical
compositions (including lyrics), sound recordings, characterizations, your
and/or other persons' names, likenesses, voices, usernames, profiles, actions,
appearances, performances and/or other biographical information or material,
and/or other similar materials that you submit, post, upload, embed, display,
communicate or otherwise distribute (collectively, "Distribute")
on or through The
ColorfulOC Site.
There are two types of Submissions:
Solicited Submissions and Unsolicited Submissions. "Solicited
Submissions" means those Submissions (a) that we expressly request
or enable you to provide to us via any feature or activity on a WDIG
Site for our review or display and possible specifically-defined consideration
or compensation (collectively, "Consideration") (such as
prizes or other value in games, sweepstakes, contests and promotions);
and (b) that you Distribute on or through The
ColorfulOC Site for
which you do not seek Consideration (such as in our Guest Services
and in Public Forums (as defined below in Section 6, entitled "PUBLIC
FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are
any and all Submissions that do not fall within subparagraphs (a) or
(b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED
SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does
not allow us to accept or consider Unsolicited Submissions so please
do not Distribute Unsolicited Submissions on or through The
ColorfulOC Site.
We want to avoid the possibility of future misunderstandings when projects
developed by us or under our direction might seem to others to be similar
to their own creative work. We therefore ask that you not Distribute
any Unsolicited Submission. In any event, you agree that any Submissions
you make is not being made in confidence or trust and that no confidential
or fiduciary relationship is intended or created between you and us
in any way, and that you have no expectation of any review, compensation
or consideration of any type (other than any stated Consideration)..