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Terms of Use

Dorthy.com is a service of Saber Seven, Inc. (the “Company,” “we” or “us”). By using Dorthy.com or any other service provided by the Company (collectively, the “Site”), you are agreeing to be bound by the following terms and conditions (“Terms of Use” or “Terms”), whether or not you are a registered member of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Violation of any of these terms and conditions may, our sole discretion, result in the termination of your Site account. You understand and agree that the Company is not responsible for the content posted on the Site and that you use the Site at your own risk. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Use of the Website is only available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, “User Content”).

You must provide accurate, current and complete information about yourself when registering for an account on the Site (“Registration Data”). You must also update your Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete.

You are responsible for keeping you password secure.

You may only use the Site for personal, non-commercial purposes. You may not use the Site for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

You must not upload, transmit, post or otherwise share any content that (a) violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contains libelous, defamatory, or otherwise unlawful material; or © is obscene.

You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site.

You must not create or submit unwanted email or other messages to any Dorthy.com Users (“Spam”).

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of Dorthy.com, violate any laws in your jurisdiction (including but not limited to copyright laws).

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You own your User Content, not us. You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such your User Content in other works in any form, media, or technology now known or later developed. The license you grant to the Company may be freely sublicensed or assigned by the Company to others without any further consent. You represent and warrant to the Company that you have the right to grant the licenses stated above.

We’re not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).

We reserve the right to modify or terminate the Site without notice at anytime.

Know that we could charge for use of the Site, or any part of the Site, later on.

We reserve the right to remove content and accounts that we determine in our sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party’s intellectual property rights or these Terms of Use.

The Site makes it possible to post to outside websites images and text hosted on the Site. This use is encouraged! Pages on other websites which display data hosted on the Site must provide a link back to the Site. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites.

We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.

The Website may contain links to third party websites that are not owned or controlled by us. We have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). You agree that we will 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 Third Party Content.

We claim no intellectual property rights over the material you provide to the Site, other than the license provided above. Your profile and the materials you upload remain yours. You can remove your profile at any time by deleting your account. This will also remove any text, images or other content you have stored on the Site.

We encourage users to contribute their creations to the public domain or consider progressive licensing terms.

We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide MemeBox notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of reception@saberseveninc.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512 ). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Privacy. It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy, which you may view at Privacy Policy (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Disclaimer. THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY THAT THE SITE OR THE SERVICES PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING ANY SERVICES PROVIDED ON THE SITE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.

Limitation of Liability. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE, EVEN IF THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SITE AND (2) THE COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE THE SERVICES PROVIDED ON THE SITE, AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

Indemnification. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.

Additional Terms. These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. These Terms of Use and any claims hereunder shall be governed by and subject to the internal laws of the state of New York, without giving effect to any principles of conflicts of law. Any disputes arising under these Terms of Use shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York.

Last modified as of August 11, 2008.