MURAL LOCATOR

Legal Disclaimer Terms of Use

1. Acceptance of our Terms

Please read this document carefully.  YOU ARE ABOUT TO ENTER INTO A LEGALLY BINDING CONTRACT.  Any references to “you” or “your” refer to both you and any person on whose behalf you act, if any.  Your use of the Site and Services is subject at all times to these Website Terms of Use (“TOU”).  By visiting the website Mural Locator (http://www.murallocator.org) (the “Site”), viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Mural Locator, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Mural Locator. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Mural Locator and that your use of Mural Locator shall indicate your conclusive acceptance of this agreement.

 

2. Provision of Services, Limitation of Access

You agree and acknowledge that Mural Locator is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Mural Locator is entitled to provide services to you through subsidiaries or affiliated entities.  You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of our Site or Services, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law.  In no event will such reverse engineering be considered “Fair Use” under federal copyright law, and you hereby agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including, without limitation, any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act.  Any such attempt shall exceed the “authorized access” you have to the Site as that term is defined under 18 U.S.C. § 1030.

 

3. Proprietary Rights

You acknowledge and agree that Mural Locator may contain proprietary and confidential information including trademarks, service marks, copyrighted images and patents protected by intellectual property laws and international intellectual property treaties. Mural Locator authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.  You further agree not to interrupt, or attempt to interrupt, the operation of the Site in any way, nor shall you take any actions that disable, damage or impair the Site’s control or security systems, including, without limitation, by hacking, de-compiling, disassembling or reverse-engineering the Site or the contents thereof.

 

4. Submitted Content

When you submit content to Mural Locator you simultaneously grant Mural Locator an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Mural Locator.  You further warrant that any content you submit to Mural Locator is either:  a)  your copyrighted work, in which case you have placed a copyright notice on the content; b) you have the express written permission to submit the content to Mural Locator; or c) the content is in the public domain.

 

5. Notification of Copyright Infringement and the DMCA “Safe Harbor”

Mural Locator respects the intellectual property rights of others and expects its Users to do the same.  Mural Locator will respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating access of repeat infringers, and/or making good-faith attempts to contact the User who posted the content at issue so that he/she may, where appropriate, make a counter-notification.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Site, on sites linked to or from this Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to Mural Locator’s Copyright Agent (contact information below), which must contain all of the following elements:

i.  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

ii.  A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and that you request be removed or access to which be disabled;

iii.  A description of where the content that you claim is infringing is located on the Site;

iv.  Information sufficient to permit Mural Locator to contact you, such as your physical address, telephone number and e-mail address;

v.  A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and

vi.  A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use.  If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.

If you believe access to your content was disabled or removed by Mural Locator as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to Mural Locator’s Copyright Agent (contact information below), which must contain all of the following elements:

i.  A physical or electronic signature of the subscriber;

ii.  Identification of the material that was removed from the Site and the location of the Site on which the material appeared before it was removed;

iii.  A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

iv.  Information sufficient to permit Mural Locator to contact you, such as your physical address, telephone number and e-mail address; and

v.  A statement that you consent to jurisdiction of the federal district court for the district where you reside (or of the District of Columbia if you reside outside of the United States) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake.  If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials such as those found at www.chillingeffects.org.

Mural Locator’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By e-mail:  contact@murallocator.org

The Copyright Agent will not remove content from the Site in response to phone or e-mail notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf.  Please submit such notifications by fax or regular mail only and as further described in this section.  The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or Materials.  All other inquiries directed to the Copyright Agent will not be responded to.

 

6.  Termination of Agreement

The Terms of this agreement will continue to apply so long at the Mural Locator is accessible on the World Wide Web, or so long as any images or text from the site reside on any computer to which you have had access.

 

7. Disclaimer of Warranties

You understand and agree that your use of Mural Locator is entirely at your own risk and that our services are provided “As Is” and “As Available”. Mural Locator does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Mural Locator website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

 

8. Limitation of Liability

You understand and agree that Mural Locator and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Mural Locator has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Mural Locator is limited to the greatest extent permitted by law.

 

9. External Content

Mural Locator may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Mural Locator is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

 

10. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the District of Columbia in the United States to resolve any legal matter arising from this agreement or related to your use of Mural Locator. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

 

11. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and Mural Locator. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

 

12. Changes to the Terms

Mural Locator reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Mural Locator after any changes to Terms will signify your agreement to be bound by them.

 

Contact Us

If you have any questions, complaints, or comments regarding these TOU, or have other questions or suggestions about our Site, please contact us via e-mail at contact@murallocator.org.