Updated as of April 16, 2009
RULES OF PARTICIPATION
TO USE THIS WEB SITE YOU MUST QUALIFY, LOGIN AND COMPLETE YOUR PROFILE. IN SO DOING, YOU ARE DEEMED TO HAVE ACCEPTED THESE RULES OF PARTICIPATION (SOMETIMES REFERRED TO AS THE “AGREEMENT”), WHICH CONSTITUTE A LEGAL INSTRUMENT BINDING UPON YOU AND US. IF YOU DO NOT AGREE TO ALL OF THESE RULES OF PARTICIPATION, YOU MAY NOT PARTICIPATE IN THIS WEB SITE.
1. The Schawk, Inc. Brand Square is operated by a third party on behalf of Schawk, Inc.. These Rules of Participation apply whenever you access the Schawk, Inc. Brand Square Web site, regardless of the method or device used. In these Rules of Participation, when we say Schawk, Inc. Brand Square or “Web site,” we mean this site, www.brandsquare.com, regardless of how you access it. Any reference in this Agreement to Schawk, Inc. Brand Square, “us” or “our” means Schawk, Inc. and/or a third party operator on behalf of Schawk, Inc..
2. The existence and use of this Web site shall be at the sole discretion of Schawk, Inc.. Schawk, Inc. expressly reserves the right to limit, edit or remove images, text or other content from this Web site for any or no reason, in their sole discretion, without accepting any obligation to do so. Schawk, Inc. also reserves the right to cancel any member’s registration, and/or to remove any materials related to or posted by such member, without notice or cause, in their sole discretion.
3. The images and/or text displayed or posted on this Web site do not necessarily reflect and should not be considered as the views of Schawk, Inc..
5. Schawk, Inc. may modify this Agreement at their sole discretion and/or assign it to a respective successor in interest. In the event of a material change or modification in these Rules of Participation, members will be required to re-register and signify acceptance as a condition of continued use of this Web site.
6. If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Schawk, Inc. reserves the right to pursue any available remedy if you breach any provision of this Agreement, and may enforce these Rules of Participation by any available means at law or equity.
7. You may not upload or post images, text or other content (hereafter “User Content”) at www.brandsquare.com containing:
b. Pornographic, obscene, indecent, sexual, vulgar or profane material;
c. Material that is racist, offensive, harassing or defamatory;
d. Material that constitutes a threat and/or could be construed to promote and/or incite violence against any individual, entity or group;
e. Material that describes, promotes, or provides instructions for any illegal act;
f. Images taken in private locations such as, but not limited to, hospitals, medical facilities, gyms, fitness centers, dressing rooms, or elsewhere where the subject (s) does not appear to be aware that an image is being taken;
g. Credit card, drivers’ licenses, Social Security numbers, or any other personal financial information;
h. Material depicting, promoting or inciting cruelty to animals;
i. Material containing intellectual property not owned by the uploader, such as trademarks, logos, or domain names, or copyrighted material such as movies, concerts or works of art;
j. Images not owned by the uploader or uploaded without permission of the owner;
k. Images taken of individuals without their permission, including, but not limited to, images or material infringing on any individual’s right of publicity;
l. Material that might spread viruses or other harmful items, or cause damage to the Web site, the server, or any system or computer;
m. Any material that conflicts with the Schawk, Inc. Mission or that Schawk, Inc. finds objectionable, damaging, offensive or inappropriate, at their sole and absolute discretion.
8. By uploading content and/or images, you warrant that a) you are the author/creator; b) you have taken the photograph(s) you have sent to us or you have permission from or are authorized by the owner and/or author of the photograph(s) to send it (them) to us; c) pictures or images of any other third party were taken with their permission and knowledge; and d) the pictures or materials do not infringe the intellectual property or publicity rights of any other person or entity.
9. By uploading User Content, you recognize that such User Content will be publicly available, that others may copy or redistribute such User Content, and that Schawk, Inc. has no control over such use.
10. Any attempt to damage, destroy, or tamper with this Web site is a violation of criminal and civil law. Sponsors reserve the right to prosecute violators to the fullest extent of the law.
11. By uploading User Content, you agree that you have read and understood these Rules of Participation and agree to abide by them. Violations of our community rules will, at our discretion, result in removal of the offending User Content from the Web site, expulsion from membership, and/or initiation of legal action to enforce this Agreement, including, but not limited to, seeking the assistance of law enforcement personnel.
12. If you object to any material, including, but not limited to, images, posted or displayed in the Web site because you believe it violates these rules or your privacy rights, we will be happy to investigate your complaint. Please contact us with information about the submission, including the date, subject matter, reasons for your complaint, and your contact information, including your full name, email address and telephone number. Information you provide in connection with a complaint may be shared with the member posting the allegedly offending material and with legal counsel and consultants, and will be disclosed in connection with legal proceedings if needed.
13. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Web site, we will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). You should send any claims or notices of infringement relating to the Web site or any materials uploaded or displayed in the Web site to our designated DMCA agent at Moderator@BrandSquare.com. You may also obtain a copy of our DMCA policy from such DMCA agent.
INTELLECTUAL PROPERTY OWNERSHIP
14. Copyrights. Unless otherwise noted, all copyright subsisting in the contents of this Web site is owned by Schawk, Inc.. You may not copy or incorporate any of the material, including any artwork, trademarks or logos, available on the Web site into any other work, including your own site, or use the material in any other public or commercial manner. That means you may not change any of the notices regarding copyright, trademarks, or other marks or post or redistribute any portion of our site. You may not use any of the intellectual property located on this Web site, including, but not limited to, artwork, trademarks and logos, in your own site. Except for your own personal use, you may not use any material here without our written permission. The Web site retains full and complete title to any downloadable software, any images incorporated in or generated by the software, and all data accompanying it. This includes, but is not limited to, any code and other software. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
By uploading User Content, in addition to the representations and warranties you provide as specified in this Agreement, you grant Schawk, Inc. a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, non-exclusive license to reproduce, distribute, publish, display, transmit, translate, adapt, modify, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit such User Content for any purpose, whether commercial or non-commercial, in any media, now known or later invented, throughout the universe, without payment to or further permission from you of any kind.
Trademarks. Unless otherwise noted, all trademarks, logos and/or domain names used on this Web site is the property of Schawk, Inc., or are used with permission.
15. Ideas and Submissions. Any ideas, questions, comments, suggestions, concepts, drawings, designs, graphics, stories, inventions or other submissions that you submit to the Site, including, without limitation, those relating to any game, product, service, marketing plan, promotion, or any other matter (your “Submissions”), become the property of Schawk, Inc.. All Submissions will be treated as non-confidential and non-proprietary by Schawk. You agree that Schawk, Inc. may use your Submissions for promotional, marketing, developmental or any other commercial or non-commercial purpose, whether in advertising, promoting, developing, manufacturing or marketing products or services. Under no circumstances are you entitled to any payment of any kind if Schawk, Inc. uses your Submission for any purpose whatsoever.
USER UPLOADS AND CONTENT
17. Anonymous posts are not allowed in the platform. Schawk, Inc. reserves the right to review all content and material, and may elect to post only that content it deems to be within the scope, spirit and purpose of this Web site. Content subject to review may include, but is not restricted to:
a. Member Profile: biographical information, photo and any other information provided (screened by moderator before it is posted on the site)
b. Activities: video, photos, text (screened by moderator prior to posting)
c. Discussion Boards: users can input text messages that are immediately posted to the site. Content is screened by an automated profanity filter, and reviewed by the community moderator daily. The moderator has the right to remove posts.
USE OF THIS SITE: LIMITATION OF WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER
19. SCHAWK, INC. AND ITS, SUBSIDIARIES OR AFFILIATES WORLDWIDE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE, OR ANY SERVER THAT MAKES IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM YOUR USE OF INFORMATION AT THIS SITE. WE ALSO DO NOT GUARANTEE THAT THIS SITE OR EVERY FEATURE OF THIS SITE WILL REMAIN AVAILABLE TO YOU. WE DO NOT GUARANTEE THE ACCURACY OR PROPRIETY OF THE INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, AND MAKE NO REPRESENTATIONS REGARDING THE USE OR RESULTS OF USE OF ANY MATERIALS ON THIS SITE IN TERMS OF THEIR ACCURACY, RELIABILITY OR ANY OTHER MATTER. VISITORS TO THIS SITE SHOULD THEREFORE NOT RELY ON ANY INFORMATION POSTED ON THIS SITE IN ANY WAY.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you.
NEITHER SCHAWK, INC., NOR ANY OF ITS, SUBSIDIARIES OR AFFILIATES WORLDWIDE, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION PROVIDED BY SPONSORS ON THIS SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIAL, CONTENT OR INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT.
While Schawk, Inc. reserves the right to remove any postings or any other information that we feel may be offensive or inappropriate in our sole discretion, we do not undertake any obligation to do so. We are not responsible for any User Content on the Web site or for any information whatsoever contained in any linked sites.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEB SITE TO YOU.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
USER INDEMNIFICATION AND HOLD HARMLESS
20. You expressly acknowledge and agree that Schawk, Inc. and its respective subsidiaries or affiliates worldwide, and their respective officers, trustees, directors, shareholders, faculty, employees, agents, business partners, licensors or licensees, past or present are not responsible or liable in any way whatsoever for any defamatory, offensive, inappropriate or illegal conduct of any member or other visitor to this Web site or any other third party, or for your use of this Web site. You agree to indemnify, defend and hold harmless Schawk, Inc., their respective parents, subsidiaries or affiliates worldwide, and their respective officers, trustees, directors, shareholders, faculty, employees, agents, business partners, licensors, and licensees, past or present from any damages, loss, cost, liabilities, and expenses, including, but not limited to, reasonable attorneys’ fees, expenses, and court costs, on account of any claim, suit, action, demand, or proceeding brought against them or any one of them, or on account of any investigation, defense, or settlement thereof, arising in connection with your use of this Web site.
JURISDICTION, VENUE, AND ALTERNATIVE DISPUTE RESOLUTION
21. Any controversy or claim brought by you relating to this Web site, any material or content on the Web site, or this Agreement not otherwise amicably resolved between you and Schawk, Inc. will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any claim or cause of action that you may have with respect to this Web site or this Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any such action or proceeding must be instituted in state or federal court in Cook County, Illinois and you waive your rights to removal from or consent to removal to this location. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. The foregoing provisions will not apply to any legal action taken by Schawk, Inc. to recover damages for, or seek an injunction or other equitable relief in connection with, any loss, cost or damage (or any potential loss, cost or damage) relating to your breach of this Agreement.
22. In order to access the Web site, you must qualify, receive login information, login and complete your user profile. Schawk, Inc. collects information in your profile to better customize your experience.
23. When you sign up for the Web site we ask you to provide your email address, phone number, physical address and answer questions regarding your personal preferences.
a) We use your email address to send you reminders of upcoming Activities and Sessions. If you do not wish to receive email correspondence you need to log into the Web site and change your email options on the Preferences page in the My Profile section.
b) We use your physical address and phone number solely for collateral mailings, rewards and product fulfillment. Your information will not be shared with third parties without your permission, unless required by law.
c) The personal preferences you fill out help us to customize your Web site experience.
24. When you post a message to any of the message boards within the Web site, your ID or alias that you are posting under will be visible to other users along with any information you include in your post, including personal information you may choose to include. Please note that if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
25. The Web site is not a venue or forum to resolve complaints. It is strictly intended to be a forum of sharing between Schawk, Inc. and the community about topics of interest to the community at large, as well as between community members. Message boards, moderated discussions, threaded discussions, profiles or other areas on the community visible to other community members are not appropriate for airing complaints.
SPECIAL INFORMATION ABOUT MEMBERS
26. The Schawk, Inc. BrandSquare is an invitation-only online community for those who have an inherent interest in topics related to the marketing industry. The community is to provide Schawk, Inc. customers and other interested groups a platform to learn, discuss and share about Schawk, Inc. It is not intended as a political forum or an informational Web site. Membership is by invitation-only qualification through a screening process. Schawk, Inc. retains the right to restrict access or activities of individuals who violate the written community Rules of Participation or the spirit of those rules.
27. The Rules of Participation set forth herein constitute the complete, integrated Agreement between you and Schawk, Inc. and may not be modified by you without their express written agreement.