OWNERSHIP AND PROPRIETARY RIGHTS

OWNERSHIP AND PROPRIETARY RIGHTS

The WallDirectory Service, including all content, media and materials, all WallDirectory software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the WallDirectory Service, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of WallDirectory and/or its Affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”).

Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “WallDirectory Service” includes “Content” as well.

If the use of the WallDirectory Service by you includes the use of WallDirectory software provided by us to you, we hereby grant to you a license to use the software for the intended purpose, for example the upload of media. You agree not to reverse engineer, decompile, prepare derivative works of, or otherwise infringe or impede upon any other rights in such software, including copyright, trademark and invention rights, all of which are reserved to and owned solely by WallDirectory.

WallDirectory authorizes you to access Content and grants you the right to use WallDirectory Service solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the WallDirectory Service, including notices on any Content you download, transmit, display, print or reproduce from the WallDirectory Service. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of WallDirectory. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our WallDirectory Video Submission Agreement that applies specifically to that service.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from the WallDirectory Service, unless you are expressly authorized in writing to do so by WallDirectory. As an express condition of your use of the WallDirectory Service, you warrant to WallDirectory that you will not use the WallDirectory Service for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. WallDirectory makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the WallDirectory Service.

We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the WallDirectory Service that infringes the copyright rights of others and will disable the access to the WallDirectory Service and its Service of anyone who uses them to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in Section 6 which describes our Notice and Procedure for Making Claims of Copyright Infringement.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of the WallDirectory Service, including, without limitation, “WallDirectory”, are the intellectual property of and proprietary to WallDirectory, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of WallDirectory.