Difference Lab, Inc. (“Butter” or “we”) operates as Butter.com, which is a social networking and community rating service that allows Members to create personal profiles online in order to promote their content, rate and meet others. The services offered by Butter include any Butter-branded URL (the "Butter Website"), Butter messaging services, Butter mobile services, and any other features, content, or applications offered from time to time by Butter in connection with Get Me Rated’s business (collectively, the "Butter Services").
This Agreement includes Get Me Rated's policy for acceptable use of the Butter Services and Content (as defined in Section 6.1 below) posted on or through the Butter Services and your rights, obligations and restrictions regarding your use of the Butter Services and Content posted on or through the Butter Services. In order to participate in certain Butter Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Butter. Unless otherwise provided by the additional terms and conditions applicable to the Butter Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Butter may modify this Agreement from time to time and such modification shall be effective upon posting by Butter on the Butter Website. Your continued use of the Butter Services after Butter posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Butter Services and that you provide to other Users. Your Butter profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Butter Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Butter assumes no responsibility or liability for this material. If you become aware of misuse of the Butter Services by any person, please click on the "Contact Get Me Rated” or the “Report Abuse” link at the bottom of the Butter Website pages.
Butter reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Butter Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Butter expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Butter Services if Butter determines, in its sole discretion that you have violated this Agreement or pose a threat to Butter and/or its Users.
1. Eligibility. Use of the Butter Services and registration to be a Member for the Butter Services (“Membership”) is void where prohibited. By using the Butter Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Butter Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Butter Services or are a Member. You may deactivate your account at any time, which will remove your account and its contents from the service, by sending an email to email@example.com. We will comply with your request within 96 hours. You may reactivate your account by sending an email, from the account that you registered with, to firstname.lastname@example.org requesting reactivation. Butter may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Subscription and Fees. You acknowledge that Butter reserves the right to charge for any portion of the Butter Services and to change its fees (if any) from time to time at its sole discretion. If Butter terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Butter immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Butter Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Butter. Butter reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Butter Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Butter Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Butter reserves the right to take appropriate legal action for any illegal or unauthorized use of the Butter Services.
6. Proprietary Rights in Content on Butter
6.1 Butter does not claim any ownership rights in the text, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Butter Services, unless otherwise explicitly stated. After posting your Content to the Butter Services, you continue to retain any such rights that you may have with regard to your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Butter Services, you hereby grant to Butter a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Butter Services, including without limitation distributing part or all of the Butter Website in any media formats and through any media channels. This limited license does not grant Butter the right to sell or otherwise distribute your Content outside of the Butter Services unless otherwise explicitly stated.
6.2 The license you grant to Butter is non-exclusive (meaning you are free to license your Content to anyone else in addition to Butter ), fully-paid and royalty-free (meaning that Butter is not required to pay you for the use on the Butter Services of the Content that you post), sub-licensable (so that Butter is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Butter Services), and worldwide (because the Internet and the Butter Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Butter Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Butter Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Butter Services.
6.4 The Butter Services contain Content of Butter ("Butter Content"). Butter Content is protected by copyright, trademark, patent, trade secret and other laws, and Butter owns and retains all rights in the Butter Content and the Butter Services. Butter hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the Butter Content (excluding any software code) solely for your personal use in connection with viewing the Butter Website and using the Butter Services.
6.5 The Butter Services contain Content of Users and other Butter licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Butter Services.
6.6 Butter performs technical functions necessary to offer the Butter Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Butter Services.
7. Content Posted.
7.1 Butter may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Butter 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. Butter assumes no responsibility for monitoring the Butter Services for inappropriate Content or conduct. If at any time Butter chooses, in its sole discretion, to monitor the Butter Services, Butter 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.
7.2 You are solely responsible for the Content that you post on or through any of the Butter Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Butter Services. Butter reserves the right to investigate and take appropriate legal action against anyone who, in Butter 's sole discretion, violates this provision, including without limitation, removing the offending Content from the Butter Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Get Me Rated:
8.1 is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 publicly posts information that poses or creates a privacy or security risk to any person;
8.6 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;
8.7 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.8 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.9 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.10 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;
8.11 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.12 involves commercial activities and/or sales without prior written consent from Butter such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.13 includes a photograph or video of another person that you have posted without that person's consent;
8.14 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
8.15 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Butter Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Butter reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Butter deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Butter Services, you acknowledge that you will have caused substantial harm to Get Me Rated, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Butter $25 for each such unsolicited email or other unauthorized commercial communication you send through the Butter Services;
8.16 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Butter Services;
8.17 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.19 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.20 impersonating or attempting to impersonate another Member, person or entity;
8.21 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.22 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Butter Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
8.23 using the Butter Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. Butter 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. Butter has the right to terminate the Membership of infringers.
10. Member Disputes. You are solely responsible for your interactions with other Butter Members. Butter reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12. Disclaimers. Butter is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Butter Services, whether caused by Users of the Butter Services or by any of the equipment or programming associated with or utilized in the Butter Services and such User Content does not necessarily reflect the opinions or policies of Butter. Profiles created and posted by Members on the Butter Website may contain links to other websites. Butter is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Butter. Inclusion of any linked website on the Butter Services does not imply approval or endorsement of the linked website by Butter. When you access these third party sites, you do so at your own risk. Butter takes no responsibility for third party advertisements or third party applications that are posted on or through the Butter Services, nor does it take any responsibility for the goods or services provided by its advertisers. Butter is not responsible for the conduct, whether online or offline, of any User of the Butter Services. Butter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Butter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Butter Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Butter Services. Under no circumstances shall Butter be responsible for any loss or damage, including personal injury or death, resulting from use of the Butter Services, attendance at a Butter event, from any User Content posted on or through the Butter Services, or from the conduct of any Users of the Butter Services, whether online or offline. The Butter Services are provided "AS-IS" and as available and Butter expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Butter cannot guarantee and does not promise any specific results from use of the Butter Services.
13. Limitation on Liability. In no event shall Butter be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Butter services, even if Butter has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Butter 's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Butter for the Butter services during the term of membership.
14. U.S. Export Controls. Software available in connection with the Butter Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Butter Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Butter agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Butter Services. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.
16. Indemnity. You agree to indemnify and hold Get Me Rated, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Butter Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Butter Services.
17. Other. This Agreement is accepted upon your use of the Butter Website or any of the Butter Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Butter regarding the use of the Butter Services. The failure of Butter to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Butter is a trademark of Get Rated Media, LLC. 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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.