Terms of Service
Acceptance of Terms
The webpages available on the Littlegrey Network (www.littlegrey.net, www.digyourowngrave.com, www.videofantastica.com), and all linked pages ("Sites"), are owned and operated by Littlegrey Media, and are accessed by you under the Terms of Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES. BY ACCESSING THESE SITES OR USING ANY PART OF THE SITES OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITES OR USE THE CONTENT OR ANY SERVICES IN THE SITES. LITTLEGREY MEDIA'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LITTLEGREY MEDIA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Modifications of Terms of Service
Littlegrey Media reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Littlegrey Media will notify you via email. What constitutes a "material change" will be determined at Littlegrey Media's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
Description of Service
Subject to full compliance with the Terms of Service, Littlegrey Media may offer to provide certain services and content, as described more fully on the Sites, ("Services"). Services shall include, but not be limited to, any service and content Littlegrey Media performs for you, as well as the offering of any materials displayed or performed on the Sites (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Sites. Littlegrey Media may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Littlegrey Media may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Your Registration Obligations
As a condition to using Services, you are required to register with the Littlegrey Network and select a password and display name. You shall provide Littlegrey Media with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Littlegrey Network account. You may not (i) select or use as a Littlegrey Network display name a name of another person with the intent to impersonate that person; (ii) use as a Littlegrey Network display name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Littlegrey Network display name a name that is otherwise offensive, vulgar or obscene. Littlegrey Media reserves the right to refuse registration of, or cancel a Littlegrey Network user account in its discretion. You shall be responsible for maintaining the confidentiality of your Littlegrey Network password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Littlegrey Media.
By way of example, and not as a limitation, you agree not to use the Services:
Littlegrey Media may remove any Content and user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: email@example.com
Content Submitted or Made Available for Inclusion on the Service
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Sites or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
Littlegrey Media respects the intellectual property of others. If you believe that your work has been copied in a way that constitues copyright infringement, please email firstname.lastname@example.org.
You will indemnify and hold harmless Littlegrey Media, its Sites (The Littlegrey Network, Dig Your Own Grave, Video Fantastica), parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Sites, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your Littlegrey Network account, of any intellectual property or other right of any person or entity.
You acknowledge that Littlegrey Media has no control over, and no duty to take any action regarding: which users gain access to the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Littlegrey Media from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to sites containing information that some people may find offensive or inappropriate. Littlegrey Media makes no representations concerning any content contained in or accessed through the Sites, and Littlegrey Media will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites. THE SERVICE, CONTENT, AND SITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Littlegrey Media has no control over such sites and resources, you acknowledge and agree that Littlegrey Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Littlegrey Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limitation of Liability
IN NO EVENT SHALL LITTLEGREY MEDIA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Littlegrey Media may terminate or suspend any and all Services and your Littlegrey Network account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Littlegrey Network account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Littlegrey Media in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Littlegrey Media shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Littlegrey Media's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with Littlegrey Media's prior written consent. Littlegrey Media may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Littlegrey Media's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jintly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
LITTLEGREY MEDIA, THE LITTLEGREY NETWORK, DIG YOUR OWN GRAVE, VIDEO FANTASTICA and other Littlegrey Media graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Littlegrey Media in the U.S. and/or other countries. Littlegrey Media's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.