Staples® I Shred U!™ på Facebook

Terms of Use
Staples I Shred U Application

Staples I Shred U is a Facebook Platform Application for personal use that allows Users to virtually shred photographs. Subject to the limitations herein, we allow any member of Facebook to use Staples I Shred U within his or her Facebook account. Please read this Agreement carefully as it contains important information regarding your legal rights, remedies and obligations.

By using Staples I Shred U, including but not limited to, adding it to your Facebook account, viewing messages people have written to you, writing messages to other Users or replying to messages Users have sent you, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use, Facebook's Platform Application Terms of Use, Facebook's Terms of Use, Facebook's Privacy Policy and with any other posted guidelines or rules applicable to any feature or service in connection with Staples I Shred U. If you don't agree to any part of these Terms of Use, please do not add or use Staples I Shred U in any way. Where the terms contained in this Agreement differ from the Facebook Platform Application Terms of Use, Facebook Terms of Use or Facebook Privacy Policy, the terms contained in this Agreement shall govern and control your use of Staples I Shred U.

Amendments to this Agreement.

We reserve the right to change these Terms of Use and any other Staples I Shred U guidelines at any time. Any modification to this Agreement will become effective immediately upon posting. You will be responsible to check this Agreement from time to time to see if there are any changes to it that might affect your use. Continued use of Staples I Shred U after any such change will constitute acceptance of all changes. If you do not agree with these Terms of Use as they may be amended, you must immediately terminate your use of Staples I Shred U and remove it from your Facebook account.

Definitions.

"Agreement" or "Terms of Use" means this document, the Staples I Shred U Terms of Use, as it may be amended, modified or changed in anyway from time to time.

"Content" means any content, service, property or materials, including advertising, features or groups of features or data that are visible to Users or transmitted between Users of Staples I Shred U or by a User of Staples I Shred U to a Facebook user, but only through Staples I Shred U, including all sent and received messages, discussions, images, text, software and other content located or otherwise displayed within Staples I Shred U, whether generated by Users or by Staples I Shred U.

"Facebook" is defined in the Facebook Terms of Use.

"Staples I Shred U" means Staples’ Staples I Shred U Facebook Platform Application.

"Staples I Shred U Web Site" means http://apps.facebook.com/staplesishredu.

"Facebook Platform Application" means "Platform Applications", as that term is defined in the Facebook Platform Application Terms of Use, and means generally an application developed by Facebook or a third-party on the Facebook Platform.

"Staples," "we," "us," or "our" refer to Staples, Inc.

"Users" or "you" as used herein refer collectively to any Facebook users who add Staples I Shred U to their Facebook account, any Facebook users who send messages to other Users, any Facebook users who receive messages from other Users, or any Facebook users who reply to messages that were sent to them from other Users.

Your License.

You may use Staples I Shred U subject to the following terms and conditions:

Staples I Shred U is intended for personal use by individuals. Any unauthorized, commercial use of Staples I Shred U or resale, repurposing, or reproduction of our services or Content of Staples I Shred U is expressly prohibited. This includes providing links to specific Content related pages other than to the Staples I Shred U Web Site for any commercial purpose that has not been specifically authorized by us in writing as well as using Staples I Shred U to contact other users for commercial purposes.

You agree not to attempt to, or encourage others to, bypass the authentication and security mechanisms maintained by us or to reverse engineer the software that runs Staples I Shred U including, without limitation, not to post messages on the Staples I Shred U Web Site, either in the public comments section or elsewhere, that relate to, describe or include a hyperlink to another Web page that in any way discusses bypassing Staples I Shred U's authentication and security mechanisms or discusses reverse engineering the software that runs Staples I Shred U.

Staples I Shred U is dependent for its existence on Facebook. In the event that Facebook changes its application or its policies or procedures, we reserve the right to cancel your use of Staples I Shred U and/or amend this Agreement to accord the use of Staples I Shred U with Facebook.

You agree not to post any Content on, or through the services of, Staples I Shred U that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, or encourages such violation, (c) promotes any criminal activity or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or explosive devices, violating someone's privacy, or providing or creating computer viruses (d) is defamatory, fraudulent, obscene or child pornographic, (e) is meant to intimidate, harass or promote violence, (f) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users (g) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (h) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (i) is otherwise tortious or criminal, (j) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.

The following is a partial list of the kind of activity that is illegal or prohibited when using Staples I Shred U. We reserve the right, but absolutely have no obligation to, investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting your Facebook account to Facebook or reporting you to law enforcement authorities. Prohibited activities, where we reserve the right to divulge the violator’s Facebook identity include, but are not limited to:

Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, incitement to suicide, stalking, spamming, scraping, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

Soliciting personal information from anyone under age 18;

Automated use of Staples I Shred U, such as using scripts or robots to send messages or to scrape information from Staples I Shred U or its Content without our permission;

Interfering with, disrupting, or creating an undue burden on Staples I Shred U or our servers;

Attempting to impersonate another User or person or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;

Using the account, username, or password of another Facebook user to send or receive messages through Staples I Shred U at any time or disclosing your Facebook password to any third party or permitting any third party to access your Facebook account to send or receive messages through Staples I Shred U;

Sending messages to Users, or otherwise making available to Users through Staples I Shred U, any Content that we, in our sole discretion, deem to be:

harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or

intended to induce or encourage the User to commit bodily harm, whether to himself or others, up to and including murder or suicide;

Sending messages to Users, or otherwise making available to Users through Staples I Shred U, any Content that may contain software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

Using Staples I Shred U in a manner inconsistent with any and all applicable laws and regulations.

The expressive elements, methods, techniques and trademarks displayed on Staples I Shred U are owned by Staples (or its licensors) and may not be duplicated or otherwise infringed.

User Disputes.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE ABSOLUTELY NO OBLIGATION TO DELETE MESSAGES THAT WE DEEM IN OUR SOLE DISCRETION TO BE OFFENSIVE OR DISCLOSE THE IDENTITY OF A USER TO ANOTHER USER, INDIVIDUAL OR ENTITY, EXCEPT IF DIRECTED TO DO SO BY A COURT OF COMPETENT JURISDICTION

Disclaimer of Warranty.

YOU UNDERSTAND THAT YOU ARE USING STAPLES I SHRED U ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF STAPLES I SHRED U AND/OR ANY SERVICE OR FEATURE. WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR OTHER MATERIALS USED IN CONNECTION WITH STAPLES I SHRED U ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT YOU ADD OR OTHERWISE INSTALL AND USE STAPLES I SHRED U AND/OR ANY SERVICES OR FEATURES, AND RECEIVE OR ARE OTHERWISE EXPOSED TO CONTENT FROM AND THROUGH STAPLES I SHRED U AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Limitation of Liability.

WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY FEATURES OR CONTENT, PUBLIC OR PRIVATE, INCLUDING MESSAGES, POSTS MADE THROUGH STAPLES I SHRED U.

WE WILL BEAR NO LIABILITY FOR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IN CASH, BY THAT USER OF STAPLES I SHRED U FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT NEITHER WE, OUR EMPLOYEES NOR OUR AGENTS WILL NOT BE LIABLE FOR ANY LOST CONTENT OR OTHER PROPERTY OR DATA OF THE USER OR ANY CLAIM OR DEMAND MADE AGAINST THE USER BY ANY OTHER PARTY.

Indemnity.

By using the services of Staples I Shred U, you agree to indemnify, defend and hold harmless Staples, its corporate parents, subsidiaries, affiliates, officers, employees, and consultants against any claims or demands, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Staples I Shred U, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Termination.

We reserve the right, for any reason, or no reason, at any time in our sole discretion, to ban or block access to any User or delete any or all of the Content of a User.

Choice of Law and Jurisdiction.

Interpretation and enforcement of these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, excluding its choice of law rules. All Users consent to personal jurisdiction in the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Services. The federal and state courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.

Severability; Entire Agreement; Nonwaiver.

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.