SIGHTINGS
TERMS OF USE

Your use of the Sightings application and the Ghost Face Sightings web site located at http://www.sightings-ghostface.com (individually and collectively, "Sightings") is subject to these Terms of Use. Sightings is controlled, operated and administered by Workman Communications Inc. dba Red Dot Media ("Red Dot Media"), a United States company, from its offices in the United States, and by using Sightings, you agree to be bound by the laws of the United States and to have all disputes resolved in the United States pursuant to these Terms of Use. Red Dot Media reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference.

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.

These Terms of Use include the Sightings Privacy Policy, which are incorporated by reference. You may review the Privacy Policy here: http://www.sightings-ghostface.com/privacy_policy

Description of 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.

User Created Content.

Each user is solely responsible for User Created Content he or she uploads to or through Sightings. User Created Content does not reflect the views of Red Dot Media. Although we periodically monitor the content of User Created Content posted to our own web site, in no event does Red Dot Media assume or have any responsibility or liability for any User Created Content either individually or as part of Combined Content or for any claims, damages or losses resulting from their use and/or appearance on or in Combined Content or on or in conjunction with Sightings or elsewhere. Nonetheless, Red Dot Media reserves the right to edit, delete, or refuse to allow any User Created Content or Combined Content that violates these Terms of Use, as well as terminate the use of any user who does not comply with these Terms of Use. Red Dot Media also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding any User Created Content.

You hereby understand and agree that Red Dot Media does not allow User Created Content that contains:

• profanity, obscenities, or sexual content (express or implied);
• religious, political, or social commentary;
• personal attacks on other people (individually or as a group);
• slanderous, defamatory, obscene, pornographic, threatening or harassing suggestions, comments or images;
• materials created by someone else without their express written permission to do so;
• "cheat" or "hack" programs or information about how to create or obtain these;
• links to or addresses of other web sites;
• any form of software or computer functionality beyond the image itself;
• promotions or advertisements of any kind; or
• anything else that Red Dot Media deems, in its sole and absolute discretion, to be inappropriate.

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.

Use of Sightings Content and Combined Content.

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.

Sharing User Created Content and Combined Content.

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.

Advertising.

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.

Use of Sightings Software.

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.

Mobile Applications.

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.

Collection of Personal Information.

This section describes the information which Red Dot Media collects and how it uses this information. This description is a summary of the Sightings Privacy Policy, which you can review here: link

What We Collect

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.

How We Use Your Information

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.

Comments.

Comments posted to the Sightings web site are User Created Content subject to all of the Terms of Use generally applicable to User Created Content. If you post a comment, your comment and all information about yourself contained in it will be publicly available to the entire world.

Copyright Policy

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
Email: contact@reddotmedia.us

DISCLAIMERS AND LIMITATION OF LIABILITY

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 EXTENT THAT YOU COMMUNICATE WITH RED DOT MEDIA’S CUSTOMER SERVICE DEPARTMENT OR A RED DOT MEDIA REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

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.

Indemnification

You agree to indemnify, defend and hold harmless Red Dot Media, its affiliates, agents, subcontractors and licensors, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to Sightings from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or any person using Sightings on your computer or mobile device. Red Dot Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Red Dot Media in asserting any available defenses. Such assumption will not relieve you of your obligations under this paragraph.

Jurisdiction

The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the County of San Francisco, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, Red Dot Media shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.

Ownership of Sightings

All rights, titles, and interests in and to Sightings (excluding User Created Content) are and will remain the exclusive property of Red Dot Media and its licensors. Sightings is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Use gives you a right to use the Sightings name or any of the Sightings trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sightings is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

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.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Red Dot Media and you regarding Sightings and these Terms of Use supersede and replace any prior agreements between Red Dot Media and you regarding Sightings. No other person or company will be third party beneficiaries to the Terms of Use.

Revised: March 1, 2011