Commons Agreement
The Commons Agreement is an agreement between DigitalScrapbook.com, and any users uploading content to the DigitalScrapbook.com Commons.
The important points of the Commons Agreement are:
- You give DigitalScrapbook.com the right to display/distribute the designs you upload in the Commons (the whole point of uploading your designs in the first place!).
- You keep ownership (copyright) of all original content that you upload.
- You agree not to upload anything that violates copyright or intellectual property laws (you should be the original creator of the designs you upload).
The Commons Agreement
This Commons Agreement (this "Agreement") is made effective by and between Pixel Scrapper LLC (dba DigitalScrapbook.com), of 818 SW 3rd Ave #221-6209, Portland, OR 97204-2405 ("DigitalScrapbook.com") and any DigitalScrapbook.com user ("User") uploading content to the area of DigitalScrapbook.com's website known as the "DigitalScrapbook.com Commons."
RELATIONSHIP OF PARTIES
It is understood by the parties that User is not an employee or independent contractor of DigitalScrapbook.com. DigitalScrapbook.com will not provide payment, fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of User.
CONFIDENTIALITY
User will not at any time or in any manner, either directly or indirectly, use for the personal benefit of User, or divulge, disclose, or communicate in any manner any information that is proprietary to DigitalScrapbook.com. User will protect such information and treat it as strictly confidential.
THE "CONTENT"
This agreement governs all digital content (the "Content") submitted to DigitalScrapbook.com by User, including but not limited to all text, images, graphics, designs, and any other digital content.
INTELLECTUAL PROPERTY RIGHTS
For all Content to which User holds intellectual property rights, user will retain intellectual property rights.
INDEMNIFICATION
User agrees to assume full responsibility for all Content they submit to DigitalScrapbook.com, and agrees not to submit any Content which violates or infringes upon third party copyright, intellectual property, trade secrets, or privacy rights.
User agrees to indemnify and hold harmless DigitalScrapbook.com from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against DigitalScrapbook.com that result from the acts or omissions of User, User's employees, if any, and User's agents, if any.
RIGHT TO DISTRIBUTE
User grants DigitalScrapbook.com, our affiliated companies and sublicensees a non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, and sublicense said Content for the purposes of operating Pixel Scrapper LLC (dba DigitalScrapbook.com).
ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written, other than digitalscrapbook.com's site terms of service and site privacy policy, which remain in effect for anyone accessing and using digitalscrapbook.com in any way. This Agreement, however, takes precedence over all other agreements and terms of service if there are any conflicts or inconsistencies between them.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Oregon.