You knew there had to be some legal verbiage telling you what you can and can't do. Well, here it is. Read it all because you are telling us you understand it by using the SmudgeLab service.
Terms and Conditions

Last Updated: August 11, 2011

1. Definitions

1.1 Terms, Terms of Service, and Terms and Conditions shall mean all terms, conditions, rules, regulations, restrictions, and usage rights pertaining to SmudgeLab and any service offering set forth by SmudgeLab.

1.2 Company shall mean SmudgeLab, its employees, and affiliates.

1.3 Service or Services shall mean all image, audio, video, text and other modules available for use on the SmudgeLab platform, including the SmudgeLab plugin, software, and all communications therein.

1.4 Content shall mean a collection of any and all works - programmatic, graphical, textual, audial, or visual in nature which may be uploaded to or obtained through SmudgeLab Services - either by web site, direct URL download, software-based add-on, or other means.

1.5 Author shall mean any party utilizing the Service for means of Content upload, distribution, or usage. User shall mean any party utilizing the Service for means of viewing Content. Author and User are collectively known as Users.

 

2. Use of Service

2.1 Users are not required to register to use the basic SmudgeLab Service. Users are required to register to access more advanced features such as purchasing, authoring User's own Smudges, social participation, reporting, contributing content, etc.

2.2 Users agree to use the Service as intended and not reverse-engineer or otherwise modify the Service, Service application or Service process flow.

2.3 Access to the Service is restricted by username and password. Usernames and passwords are to be kept confidential and must not be disclosed to any third party.

2.4 Company reserves the right to cancel or suspend account and access to the Service without notice. Users may petition Company for reinstatement.

2.5 Company reserves the right to change the price of credits, ImagePacks, or other service offerings and goods. Pricing changes will not be retroactive.

2.6 By installing the SmudgeLab software, Users consent to the collection and processing of information as set forth in the privacy policy.

2.7 Subject to these Terms, Company hereby grants Users a limited, personal, non-transferrable, revocable non-exclusive license to use Content in accordance with the Service.

 

3. Content Publishing

3.1 Ownership Rights: Users retain ownership rights to content which Users submit.

3.2 Content Licensing: By submitting Content, Users hereby grant Company a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, and display Content in any media formats and through any media channels.

3.3 Copyrighted Material: Users confirm all Content submitted is free from third party copyrighted material or any third party copyright claims.

3.4 Payouts: Users agree to Company payout as set forth: Company payout structure is based on a 50% split of estimated net revenue. Net revenue is gross revenue minus transaction fees and currency conversion fee(s). Net revenue varies as credits can be purchased in bulk or other discounted prices. Company has derived an estimated value of $.66 net revenue per credit. One-time payout for content purchase by another subscriber is $.33 USD per credit. There is no residual payout. A minimum payout amount of $25 must be due before payment is made. All payouts are tracked and paid in USD.

 

4. Limitation of Liability

4.1 Company does not endorse any Content submitted to the service by any Users or other licensor. Company expressly disclaims any and all liability in connection with Content. Company does not permit copyright infringement and will remove all content if properly notified that such Content infringes on another's intellectual property rights. Company reserves the right to remove Content without prior notice.

4.2 Users agree to indemnify, defend, and hold Company, Company affiliates, Company content providers and their respective directors, officers, employees, shareholders, partners, and agents harmless from and against any and all claims, liability, losses, damages, costs, and expenses (including reasonable legal fees) as a result of or in connection with any breach or alleged breach by Users or anyone on Users behalf.

 

5. Users Representations and Warranties

5.1 Users may access Content for Users information and personal, non-commercial use, solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.

5.2 Services and Content are provided as-is. Users agree use of the Service or Content shall be at Users own risk.

5.3 Company makes no warranties or representations about the accuracy or completeness of Content or the content of any sites linked. Company assumes no liability or responsibility for any errors, mistakes, or inaccuracies.

 

6. Copyright and Intellectual Property

6.1 The software and Service contain and/or embody copyright material, trade marks, confidential information, trade secrets, and/or other proprietary material and intellectual property of Company and/or it's licensors. All intellectual property rights and all other rights shall be owned and remain owned by Company.

 

7. Right to Transfer and/or Assign

7.1 Company can transfer Companys rights and obligations under these Terms to any company, firm or person provided such transfer does not affect Users rights under these Terms. Users may not transfer Users right or obligations under these Terms to any party.

 

8. General

8.1 Users agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between Users and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California.

8.2 If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

8.3 No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right

8.4 Company reserves the right to ammend any and all Terms at any time and without notice. Use of the Service following any amendment of these Terms of Service will signify Users assent to and acceptance of its revised Terms. Company Terms and Conditions will be maintained at: http://www.smudgelab.com/terms.aspx. Company privacy policy will be maintained at: http://www.smudgelab.com/privacy.aspx.

 

9. Contact

9.1 If Users have concerns relating to these Terms, please contact SmudgeLab at help@smudgelab.com or via phone at 650-352-3733.

 

10. Acknowledgement

10.1 USERS ACKNOWLEDGE THAT USERS HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.