Terms of Use

Last Revised: December 18, 2012

The following terms and conditions (the “Terms of Service” or “Terms of Use”) constitute an Terms of Use between you (“user”, “you” or “your”), and Backspaces Inc. and its affiliates, successors and assigns (“Backspaces”, “us”, “our” or ‘we”), the owner and operator of the Backspaces website and all content and features contained therein (collectively, the “Site”) as well as the Backspaces mobile application, e-mail notifications, newsletters, products or any other services provided by us (collectively, the “Services”) By using the Backspaces Site and Backspaces Services, you signify that you have read, understood and agree to be bound by the following terms and conditions.

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You are responsible for any activity that occurs under your screen name.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other Backspaces users.
  5. You may not use the Backspaces service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Backspaces service.
  6. You must not modify, adapt or hack Backspaces or modify another website so as to falsely imply that it is associated with Backspaces.
  7. You must not crawl, scrape, or otherwise cache any content from Backspaces including but not limited to user profiles and photos.
  8. You must not create or submit unwanted email or comments to any Backspaces members ("Spam").
  9. You must not use web URLs in your name without prior written consent from Backspaces, inc.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. You must not, in the use of Backspaces, violate any laws in your jurisdiction (including but not limited to
  12. copyright laws).
  13. Violation of any of these agreements will result in the termination of your Backspaces account. While Backspaces prohibits such conduct and content on its site, you understand and agree that Backspaces cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Backspaces service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Backspaces service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. You acknowledge and agree that Backspaces may notify you of such changes or modifications by (i) posting them to the Site or, (ii) if the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Your use of the Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use, as last revised. It is therefore very important that you keep your account information, including your email address, current.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  7. Backspaces performs technical functions necessary to offer the Backspaces Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Backspaces Services.
  8. Although the Site and other Backspaces Services are normally available, there will be occasions when the Site or other Backspaces Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Backspaces. Also, although Backspaces will normally only delete Content that violates these Terms of Use, Backspaces reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Backspaces in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Backspaces encourages you to maintain your own backup of your Content. In other words, Backspaces is not a backup service. Backspaces will not be liable to you for any modification, suspension, or discontinuation of the Backspaces Services, or the loss of any Content.

Proprietary Rights in Content on Backspaces

  1. Backspaces does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Backspaces Services.
  2. By publicly displaying or publishing (“posting”) any Public Content on or through the Backspaces Services, you hereby grant to Backspaces a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Public Content, as provided for below in “Backspaces Use of Your Content”. “Public Content” shall mean any Content that you do not mark as “private” when uploading such Content on or through the Backspaces Services. Therefore, we advise you to always mark as “private” any Content that you do not wish to be made publicly available.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Backspaces Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Backspaces Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Backspaces Services.
  4. Some of the Backspaces Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Backspaces may place such advertising and promotions on the Backspaces Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  5. The Backspaces Services contain Content of Backspaces (“Backspaces Content”). Backspaces Content is protected by copyright, trademark, patent, trade secret and other laws, and Backspaces owns and retains all rights in the Backspaces Content and the Backspaces Services. Backspaces hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Backspaces Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Backspaces Services.
  6. The Backspaces Services contain Content of other Backspaces users and other Backspaces licensors. Except as provided for herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Backspaces Services.

Backspaces Use of Your Content

  1. Backspaces will never use, modify, delete, add to, publicly perform, publicly display reproduce or translate any of your Private Content. “Private Content” shall mean any Content that you mark as “private” when uploading such Content on or through the Backspaces Services.
  2. Backspaces may use, modify, delete, add to, publicly perform, publicly display reproduce or translate any of your Public Content on the Site or Services, including without limitation distributing part or all of the Site or Services in any media formats through any media channels. Our primary purpose for the above uses of your Public Content is to promote it. Nine times out of ten, we will be using your Public Content in the above manner because we are stoked about your awesome story.
  3. Backspaces will never enter into an agreement with a third party through which it will directly profit from the above uses of your Public Content through advertising sales, marketing sales or any other method of sub-licensing, redistribution or similar means, WITHOUT YOUR EXPLICIT PRIOR WRITTEN PERMISSION. Backspaces promises to always allow you the opportunity to first opt-out from such uses of your Public Content.

User Information Collected by Backspaces

  1. Backspaces may ask you for some or all of the following types of information which may be identifiable to you: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to Backspaces.
  2. We may utilize cookies and other technologies, such as, web beacons (also known as “clear gifs” and “pixel tags”) to recognize you, customize your experience, and serve advertisements.
  3. We automatically receive and collect information such as your IP address, the URLs of websites you arrive at Backspace from or leave Backspaces to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how Backspaces visitors use the Site, to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
  4. We may disclose Personal Information (i) to respond to legal requirements, (ii) enforce our Terms of Use, (iii) respond to claims that a listing or other content violates the rights of others, (iv) provide the Services to you or (v) protect anyone’s rights, property, or safety.

Copyright Infringement

Backspaces has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Backspace’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.

  1. Written Notification. Backspaces will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Backspaces removing or disabling access to third party material claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address identified in Address for Notice section below. All notices sent to Backspaces regarding matters other than informing Backspaces that a party's copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
    3. Identification of the material (i.e., the third party materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Backspaces to locate the material;
    4. Information reasonably sufficient to permit Backspaces to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
    6. A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, Backspaces shall, (1) remove or disable access to the third party Content that is alleged to be infringing; (2) forward the written notification to the alleged infringer (the “Subscriber”); (3) reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

  1. Counter Notification. To be effective, a Counter Notification must be a written communication provided to Backspace’s Designated Agent that includes substantially the following:
    1. A physical or electronic signature of the Subscriber;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
    4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Backspaces may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a valid Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Backspaces will comply with this requirement within a reasonable time (or as otherwise required by law), provided Backspaces Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Backspaces network or system.

Disclaimer of Warranties and Limitation of Liability

Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.

THE SERVICES ARE AVAILABLE “AS IS.” BACKSPACES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

Backspaces, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.

Limitation of Liability in Certain States

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Miscellaneous

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Terms of Use of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Use shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Contact Information

If you have any questions about these Terms of Use, please contact us via email at help@backspac.es or regular mail at the following address:

Backspaces Inc.
Attn: Legal
904 Broadway, 4th Floor
New York, NY 10010

Copyright © 2012. Backspaces, Inc. All Rights Reserved.