» Terms FIVEFOOTWAY.COM

Welcome to FIVEFOOTWAY.com , the online platform for the exploration of Asian architecture created by 5ft Creatives.

We provide this website Terms of Service (”Terms of Service”) because it is important for you to understand the rights you have and the rights we have in providing this platform for collaboration, communication, discussion and dialogue.So please read through this carefully, and if you have a moment to share, let us know what you think.

FIVEFOOTWAY.com Terms of Service
Last Updated: August 08, 2008

1. ACCEPTANCE OF TERMS OF SERVICE
By accessing, browsing, or otherwise using the www.fivefootway.com website (the “Service”) you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.

Right to Modify Service.
FFW reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by FFW or by a member) for any reason, without prior notice or liability.

2. DESCRIPTION OF THE SERVICE
General Description. The Service is a collaborative website that allows FiveFootWay.com members share their ideas and interests with the FFW community. Through the Service you are able to vote and comment on content found in FFW Magazine and on this website. You can create your own blog, and you can upload your photo and tell us about yourself in your member profile. You can also make connections with friends and learn about others in the FFW community.

3. CONDUCT OF VISITORS
FIVE FOOT WAY encourages thoughtful, responsible discourse. Please add comments judiciously, and refrain from maligning any individual, institution or body of work.

Please respect the opinions and thoughts of others that comment on this site. If the design profession truly wants to gain respect outside of our own industry, we need to communicate on a civil level. Do not publish irrelevant comments, unnecessary profanity, emails (without permission) or personal accusations. If these standards are not followed, we reserve the right to edit/delete comments.

Conditions of Use.
As a condition of use, you agree to all of the following:
-You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
-You are responsible for all activity that occurs under your Username.
-You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username.
-You must not harass, threaten, impersonate, or intimidate other FFW members.
-You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
-You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
-You must not transmit any worms or viruses or any code of a destructive nature.
-You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
-You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content.
-You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Service.

4. FFW- CREATIVE COMMONS LICENSE.
Unless otherwise noted on this site, all content created, authored, posted, or offered by FFW on the Service is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. You can read more about the Creative Commons, and the details of our license, at this link: http://creativecommons.org/licenses/by-nc-nd/3.0/

5. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share your own pictures, texts, or other content (”Content”) with members of the Service by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service.

License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant FFW a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.

You also expressly acknowledge and agree that FFW shall have the right to grant a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License (”CC License”), available at http://creativecommons.org/licenses/by-nc-nd/3.0/, for all Content posted on or through the Service, including Content you post on or through the Service. In cases where FFW licenses Content through a CC License, you agree that any attribution required under the CC License shall be at minimum to the Service, in addition to attribution to the Username associated with the Content.

Links to Other Sites and Resources. The Service contains links to other websites or resources. FFW has no control over such external sites and resources. You agree that (i) FFW is not responsible for the availability or accuracy of such external sites and resources, and (ii) FFW does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.

Inappropriate Member-Submitted Content. FFW prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) FFW is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

6. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.

7. PRIVACY POLICY
FFW takes the privacy of its members very seriously. Our Privacy Policy is available at www.fivefootway.com/terms/privacy. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.

8. INDEMNITY
By accepting the Terms of Service, you agree to indemnify and hold FFW and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), and/or your violation of any rights of another.

9. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY GOOD SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FFW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GOOD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. GOOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOOD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

10. LIMITATION OF LIABILITY
YOU AGREE THAT FFW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

11. TERMINATION
FFW reserves the right to terminate your FiveFootWay.com membership immediately, without prior notice or liability, for any reason. If FFW terminates your membership, your right to use the Service will immediately cease.

You can terminate your FiveFootWay.com membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so.

All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

Waiver and Severability. The failure of FFW to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. FFW may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).

Trademarks. FFW, the FFW logo, and other FFW logos and names are trademarks of FFW. You agree not to display or use these trademarks in any manner without FFW’s prior, written consent.

Contact Information. Please send any questions or comments, or report any Terms of Service violations, to office@fivefootway.com.