You must be at least 13 years old to use Sightings. If you are under 13, you should not use Sightings or post or upload any pictures or other information to or through Sightings.
You are solely responsible for your use of the Sightings, for any images or materials you post to or through Sightings, and for making sure your use of Sightings complies with all local and national laws, rules and regulations which are applicable to you and the location in which you are using Sightings.
Sightings allows you to upload digital content to Sightings, combine your digital content with third party content, and to share that content with family and friends and/or with the general public. The content that you upload to Sightings, including but not limited to digital images, digital videos and other supported file types, is referred to as "User Created Content". Any content that Sightings provides to you for you to combine with your User Created Content is referred to as "Sightings Content". Once the User Created Content and Sightings Content has been combined, the resulting materials are referred to as "Combined Content".
Sightings is not a back-up or photo storage service. You should maintain and keep copies of all of your User Created Content and Combined Content. Red Dot Media reserves the right to terminate Sightings at any time and delete all information on Red Dot Media’s servers. Such termination would not affect any of your files, User Created Content or Combined Content which is stored on your or any third party’s computer system.
You hereby understand and agree that Red Dot Media does not allow User Created Content that contains:
You represent and warrant that you have all necessary rights in and to all User Created Content you provide and all information they contain. Without limiting the generality of the foregoing, you represent and warrant that with respect to all persons appearing in any photograph in your User Created Content either (1) you have the express consent of each person to take the photograph, include it in your User Created Content and publicly share it as part of the Combined Content; or (2) you have the legal authority to grant such consent on behalf of such person.
You own all rights in and to your User Created Content. However, in order to create and distribute the Combined Content, you hereby authorize us to use, and to authorize others to use, your User Created Content and submitted materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature solely in connection with Sightings and the purposes for which you are using Sightings. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your User Created Content have been waived. Without limiting the foregoing, you hereby grant to Red Dot Media the right to use and change the User Created Content in any manner that Red Dot Media may determine.
The functionality to create Combined Content may be used for noncommercial purposes only. You are not permitted, without our express written approval, to include in Combined Content any User Created Content containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, advertising, or solicitations of any kind or nature. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You may only use the Sightings Content and the Combined Content for your personal enjoyment and for sharing with others in a noncommercial manner. You man not use the Sightings Content or Combined Content for any commercial purpose or sell, lease, rent or license any Sightings Content or Combined Content. Any use of Sightings, the Sightings Content or any Combined Content, including links to or from any of the foregoing, which implies any association with or endorsement of any person, business, or cause by Sightings, Red Dot Media or any licensor of Sightings Content is strictly prohibited. Red Dot Media hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, the Sightings Content as included in the Combined Content. Any use of the Sightings Content either alone or as included in the Combined Content in any unauthorized manner (including, without limitation, in promotions, products, games, services, or other commercial uses) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Sightings Content individually or as part of Combined Content in any prohibited manner. You may not remove, alter, hide or otherwise prohibit the display of any notices or other information included by Red Dot Media in the Combined Content. Unauthorized or prohibited exploitation of the Sightings Content may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You may share the Combined Content, which includes your User Created Content, in different ways. For example, you may email the Combined Content to a friend, post the Combined Content on your or someone else’s web pages (such as a Facebook page), or on the Sightings web site. You are solely responsible for how, with whom, and when you share your Combined Content. You represent and warrant that you have the right to contact any person with whom you wish to share Combined Content and that you will not include any Combined Content in any spam, harassing emails, or other unwanted contact. Once you share Combined Content, Red Dot Media has no means or method for retrieving the Combined Content or preventing its further distribution. Combined Content posted to the Sightings web site will be publicly available to the entire world.
Sightings may include advertisements, which may be targeted to the User Created Content or information on Sightings, queries made through Sightings, or other information. The types and extent of advertising by Sightings are subject to change. In consideration for Red Dot Media granting you access to and use of Sightings, you agree that Red Dot Media and its third party providers and partners may place such advertising on Sightings or in connection with the display of your Combined Content anywhere it is displayed.
You agree to access all Sightings software solely through the user interface presented to you by Sightings and that you will not modify, reverse engineer, hack or otherwise attempt to access or use Sightings or any software or functionality comprising Sightings in any other manner.
Your cellular phone service or other provider may impose fees for the transfer of data to or from your mobile device. You are solely responsible for any third party fees you may incur while using Sightings on a mobile device.
We do not collect any personally identifiable information from you unless you voluntarily send it to us. For example, any personally identifiable information about you which is included in any Combined Content posted to the Sightings web site will be collected and stored by us for display on the web site.
Sightings automatically collects non-personally identifiable information regarding the use of Sightings. This anonymous usage data may include, but is not limited to, the version of the Sightings application in use, the instances when the application is launched and quit, the type and number of Combined Content created, the features used, the ways in which Combined Content is shared, and the type and version of the mobile device and/or operating system used.
We use the personally identifiable information contained in any User Created Content and Combined Content solely for providing the services requested by you, such as the creation of the Combined Content and the display of such Combined Content on the Sightings web site (if you request such display).
We use the non-personally identifiable information for the purposes of operating Sightings; improving our software and for internal auditing, analysis and reporting purposes; and providing advertising which may be based on or relate to your use of Sightings.
Red Dot Media respects the intellectual property rights of others and expects users of Sightings to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove User Created Content and/or Combined Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Red Dot Media will also terminate a user’s use if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Red Dot Media, Inc.
Attn: Copyright Agent
555 Bryant Street, STE 111
Palo Alto, Ca 94301
SIGHTINGS AND ALL CONTENT AND MATERIALS CONTAINED IN OR DISTRIBUTED THROUGH IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RED DOT MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RED DOT MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SIGHTINGS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SIGHTINGS OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED DOT MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SIGHTINGS WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY CONTENT OR MATERIAL RESTS WITH YOU. YOU (I.E., NOT RED DOT MEDIA) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE SIGHTINGS AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RED DOT MEDIA, ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS OF SIGHTINGS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, SIGHTINGS OR THE CONTENT OR MATERIALS CONTAINED IN IT, WHETHER THE CONTENT OR MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY RED DOT MEDIA OR ANY THIRD PARTY AND REGARDLESS OF WHETHER RED DOT MEDIA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL RED DOT MEDIA HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SIGHTINGS.
Sightings™&© 2011 Red Dot Media. All Right reserved.
Ghost Face® is a registered trademark of Easter Unlimited, Inc./Fun World Div. All Rights Reserved. As seen in the motion picture SCRE4M © 2010 The Weinstein Company.
Revised: March 1, 2011