Last Updated: April 1, 2011
If you are the Creator ('Network Creator'), the primary Administrator ('Network Administrator'), or Member ('Member') of a LockerDome Network ('Network'), please read before signing up for any LockerDome Services.
In short, don't steal our information, post pornographic material, harass our Members, or do anything illegal. If you do any of the mentioned, we'll delete your account, potentially shut down your Network, and take legal action against you.
If you are under the age of 13 make sure your parent creates your account from within a Parent Account.
If you are a Network Creator or the Primary Network Administrator, please refer to Section 12 (LockerDome Product Plans, etc) to learn more about how you will be billed.
You must be thirteen (13) years of age or older to register as a Member of LockerDome (a "Member"), or any subdomain (i.e. subdomain.lockerdome.com) of www.lockerdome.com, use the registered user services of this Website without parental administration, or create and administer a LockerDome Network. Membership in the Service is void where prohibited. By using the Service or the Website, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. We may terminate your Membership and/or prohibit you from using or accessing the Service or the Website for any reason, at any time. Children under the age of 13 are permitted to have an account created by and fully administered within a parent account.
You must be thirteen (13) years of age or older to serve as a Network Creator and/or Network Administrator.
3. PARENTAL RESPONSIBILITY
4. NCAA AND OTHER REGULATORY RESPONSIBILITY
5. MEMBER AND NETWORK ADMINISTRATOR CONDUCT
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair Website. In addition, you agree not to use the Service or the Website to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any content that we deem to be pornographic;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- include a photograph of another person that you have posted without that person's consent;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass other lockerdome.com Members;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Website;
- restrict or inhibit any other visitor or Member from using the Website, including, without limitation, by means of hacking or defacing any portion of the Website;
- remove any copyright, trademark, or other proprietary rights notices contained in the Website;
- frame or mirror any part of the Website without the Company's prior written authorization;
- solicit personal information from anyone under 13;
- promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
When you sign up to become a Member, a Network Creator, and/or Network Administrator, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify LockerDome at email@example.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
6. MEMBER AND NETWORK ADMINISTRATOR CONTENT POSTED ON THE WEBSITE
You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. Please choose carefully the information you post on LockerDome, or any subdomain (i.e. subdomain.lockerdome.com) of www.lockerdome.com, and that you provide to other users. Such information may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other LockerDome Members, and the Members of any subdomain (i.e. subdomain.lockerdome.com) of www.lockerdome.com, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and LockerDome assumes no responsibility or liability for this material. If you become aware of misuse of the LockerDome Service, or any subdomain (i.e. subdomain.lockerdome.com) of www.lockerdome.com, by any person, please contact LockerDome.
By posting Member Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense through multiple tiers) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Website at any time. If you choose to remove your Member Content, the license granted above will automatically expire.
7. COPYRIGHT POLICY
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us at firstname.lastname@example.org and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. LINKS TO OTHER WEBSITES
The Website contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on or through the Website or the Service does not imply approval or endorsement of the linked Website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.
9. MEMBER DISPUTES
You are solely responsible for your interactions with other LockerDome Members and the Members at any subdomain (i.e. subdomain.lockerdome.com) of www.lockerdome.com. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
11. CREATING YOUR OWN LOCKERDOME NETWORK
The LockerDome Platform is designed to give Network Creators, Network Administrators, and their Members the freedom to create and control their own experiences on LockerDome Networks. Subject to this Agreement, as a Network Creator and Network Administrator, you are responsible for controlling and managing your Network in all respects. Members of Your Network are your responsibility and LockerDome does not assume or accept any responsibility for the actions, conduct or Content of Your Members.
12. LOCKERDOME PRODUCT PLANS, SUPPORT SERVICES, PAYMENT, AND REVENUE SHARING AND SPONSORSHIP
LOCKERDOME PRODUCT PLANS AND SUPPORT SERVICES
As a Network Creator and Network Administrator, you must purchase a LockerDome Product Plan for your Network. In addition, you may purchase upgrades and Support Services from us. The categories and prices of the LockerDome Product Plans and Support Services are described here and are subject to change from time to time. LockerDome may choose to temporarily change the fees for the LockerDome Product Plans and Support Services for promotional or new services, and such changes are immediately effective when LockerDome posts the temporary promotional event or new service on the LockerDome Platform. Any changes to fees for the LockerDome Product Plans or Support Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the LockerDome Platform. The changes shall only apply prospectively to the LockerDome Product Plans or Support Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the LockerDome Product Plans or Support Services in a timely manner with a valid payment method. You authorize LockerDome or its third party payment providers to charge your credit card, charge card, debit card, or financial institution account (herein "Payment Method") for all charges to your accounts with LockerDome. Your Payment Method will be charged the current fee for the LockerDome Product Plan or Support Service you choose on the date that you click on the purchase button in the ordering process. You agree that LockerDome may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a LockerDome Product Plan or Support Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the purchase button. Additionally, we may offer a pre-pay payment option for payment of LockerDome Product Plans or Support Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that LockerDome Product Plan or Support Service at the commencement of each initial period and renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to LockerDome may be shared by LockerDome with companies who work on LockerDome's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to LockerDome and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay LockerDome all charges incurred under your account for any LockerDome Product Plan or Support Services in which you or anyone else who uses your account enroll in accordance with this Agreement. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) LockerDome may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) LockerDome reserves the right to either suspend or terminate your LockerDome Product Plans, Support Services, or your account with LockerDome, including deletion of your LockerDome Network from the LockerDome Platform.
REFUNDS AND UNATHORIZED TRANSACTIONS
LockerDome Product Plans are subject to the refund and billing policy set forth here. Except as may be set forth in such billing and refund policy or applicable LockerDome Product Plan or Support Policies or Section 13 (Term and Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to LockerDome within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of LockerDome.
If you believe that your transaction history in your LockerDome Account, any confirmation for a transaction, and/or any transaction initiated through the Service is in error or is unauthorized, or if you need more information about any of the foregoing, you should contact us as soon as possible by telephone by calling (800) 983-5280, emailing us at email@example.com, or writing to us at:
Attn: Transaction Disputes Department
1221 Washington Ave
St. Louis, MO 63103
When you contact us about an error or Unauthorized Transaction, provide us with the following information:
- Your name, Account ID, Activation ID, phone number, and the e-mail address associated with your LockerDome Account;
- A description of the error or transaction that you are unsure about, and a clear explanation of why you believe it is an error or why you need more information;
- The dollar amount of the suspected error;
- The transaction date and associated transaction identification number from your LockerDome Account history, bank account statement or e-mail confirmation;
- A telephone number at which you can be reached in case we need further information; and
- The name and telephone number of your bank if the error relates to a transfer to or from your bank account using your LockerDome Account.
If you provide us with this information orally, we may require that you send us your complaint or question in writing within ten (10) Business Days (as defined below). We will attempt to determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (or ninety (90) days for transactions outside of the United States) to investigate your complaint or question.
We will tell you the results of our investigation within three (3) Business Days after its completion. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents used in our investigation.
If we determine that there was error and that your account had an unauthorized charged, within (3) Business Days we will provide a full refund for the total amount of the unauthorized charge to your credit card, charge card, debit card, or financial institution account that was debited with the unauthorized charge.
From time to time, LockerDome may offer a trial period of the LockerDome Services. At the completion of the trial period, a Network Creator's subscription will automatically transfer into a paid LockerDome Product Plan, unless otherwise stated or unless the Network Creator cancels the plan.
LockerDome Network Creators are offered a 60-Day trial period to use LockerDome Trial Plan in Test Mode. At the beginning, during, and at the completion of the trial period, the Network Creator will have the option to cancel, upgrade, or continue on the LockerDome Trial Plan. If the Network Creator chooses to continue on the LockerDome Trial Plan, the Network Creator's account will be charged Five Dollars ($5) per month.
REVENUE SHARING AND SPONSORSHIP
From time to time, LockerDome or third parties may offer you the opportunity to revenue share from applications or services made available to Your Networks and Members via the LockerDome Platform or the opportunity to qualify for sponsorship programs to defray the cost of fees incurred as a result of your use of the LockerDome Platform. Your participation in any such revenue sharing or sponsorship opportunities is at your sole discretion and risk and LockerDome shall not be liable for any losses or damages you may suffer as a result of your transactions with third parties on the LockerDome Platform. You agree that LockerDome may credit your account to reflect any such revenue share or sponsorship programs attributable to you.
Currently LockerDome offers revenue sharing for advertising that appears on LockerDome Plus, LockerDome Advanced, LockerDome Pro, and LockerDome Premium Product Plans. The Client will receive a 50% revenue share for the revenue LockerDome receives as a result of the advertisements shown on Client Network. The Client may choose to opt-out of the advertising program at anytime.
- LockerDome will completely manage all of the logistics. This includes the communication with the advertisers, selling the ads, collection of advertiser fees, and reporting on ad performance metrics to the advertisers.
- LockerDome will revenue share with the Client, 50/50, on all ads displayed on the Client's Network.
- Payout periods are quarterly. LockerDome will make payouts within 45 days of the end of each quarter for accounts that have reached a payout balance of $25 or more. If you have not reached at least $25, LockerDome will simply rollover the balance to the next quarter.
- Payouts will be offered in the form of a credit to the Client's Network Administrator account.
You are responsible for paying any governmental taxes imposed on your use of the LockerDome Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to LockerDome the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that LockerDome is obligated to collect such taxes, the applicable tax will be added to your billing account.
13. TERM AND TERMINATION
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the LockerDome Platform at any time and for no reason by contacting us at firstname.lastname@example.org or at the address set forth below in the "Contacting LockerDome" Section.
LockerDome has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the LockerDome Platform or any LockerDome Network, (ii) remove and discard any Code or Content within any Network or anywhere on the LockerDome Platform or (iii) shut down a LockerDome Network, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
EFFECTS OF TERMINATING
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Data or Your Network(s). LockerDome will not have any obligation to assist you in migrating your data, Your Content, Your Network Data, Your Code or Your Network(s) off of the LockerDome Platform and LockerDome does not keep any back-up of any of Your Code, Your Content or Your Network Data.
The Company is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether posted or caused by users of the Website or Members. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on or through the Website or the Service or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline. The Website, the service and the content are provided "as-is" and the Company disclaims any and all warranties, whether, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website and/or the service.
15. LIMITATION OR LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Website or the service, even if the Company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the Company contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (A) The amount paid, if any, by you to the Company for the service during the term of the membership; and (B) one hundred dollars ($100).
Certain state laws 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 may have additional rights.
16. GOVERNING LAW AND VENUE
You agree to personal jurisdiction by the federal and state courts located in the County of St. Louis, State of Missouri, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Website is directed at a worldwide audience; however, we control and operate the Website from within the United States of America. We make no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Website in violation of this Agreement or your violation of any law or the rights of a third party.
19. CONTACT LOCKERDOME
1221 Washington Ave
St. Louis, MO 63103