The following terms and conditions ("The Agreement") constitute a legal agreement between you ("You" or "Your") and Leafletter ("Leafletter," "We," or "Our"). By using the Leafletter website, services, and/or software (collectively "the Service") you indicate that you have read and understand this agreement, and that you consent to be bound by it.

Active Participation and Storage Limit

A condition of the Service is your "Active Participation" in the Service. Active Participation shall be defined as accessing the Service at least once every 180 days. If you do not maintain Active Participation, Leafletter reserves the right to terminate your account and may remove or discard any Content (Image, Audio, Video, and/or text) which you have uploaded, linked to, or entered to your Leafletter account with or without notification to you. Leafletter reserves the right to impose a maximum amount of Content that you may upload to the Service, and if we do we will modify this Agreement as such.You may not under any circumstance use Leafletter solely for the purpose of file storage.

Leafletter Software, Service, and Website

The patent-pending Leafletter Software, and all new versions, updates, upgrades, bug fixes, modifications and derivative works that Leafletter may make available are referred to collectively as the "Software." All Software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress, trade names, logos and designs and all intellectual property rights therein, provided by Leafletter via the Service are the property of Leafletter and are protected by intellectual property laws, including U.S. and international copyright and trademark laws.

Subject to the terms and conditions of this Agreement, Leafletter hereby grants you a limited, non-exclusive, non-transferable, revocable right to use Leafletter solely as authorized by us in connection with the Service. All rights not expressly granted to you are reserved.

Restrictions

You agree not to use, download, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any part of Leafletter Services to any third party, except as expressly authorized by Leafletter in connection with the Service.The source code to the Service contains Leafletter's confidential and trade secret information, and you agree to take reasonable steps to protect the confidentiality of such information. You further agree that you will not disassemble, decompile or reverse engineer the Leafletter website, Services, or Software (except to the extent that this restriction is expressly prohibited by law, and only upon providing Leafletter with prior written notice and opportunity to respond). Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may not upload or enter any Content or distribute any Leaflets that con contain material that is illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person or entity. You may not sell, rent, lease, or otherwise assign any rights to the Service to any third party. You may not remove any proprietary notices or labels on the Website or Service (including Leaflets); use the Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; or use the Website or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any content protected by the copyright laws of any jurisdiction. You may not copy, modify, erase or damage the Website, Software or information contained on any Leafletter or third party servers or distribute any software viruses or other computer code designed to interfere with the functionality of the Website or Service or any computer systems, software or hardware. You may not use the Service to send or distribute any Content from an anonymous or false address or to violate any anti-SPAM laws, access or use any password protected, secure or non-public areas of the Website or Service except as specifically authorized in writing by Leafletter, or use any data mining, robots, or similar data gathering, or extraction tools in connection with the Website or Service.

Uninterrupted Service

Leafletter will employ reasonable efforts to ensure uninterrupted service 24 hours/day, 7 days/week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs or due to failure of software, telecommunications links and equipment that are beyond the control of Leafletter. We will take reasonable steps to minimize such disruption where it is within our reasonable control. Leafletter does not guarantee that you will be able to access or recover your Content, and it is your responsibility to back up your files on your own system. You agree that Leafletter shall not be liable to you for any loss of Content, or any modification, suspension or discontinuance of the Website or Service.

Notification

Leafletter may provide you with any notices under this Agreement by means of a posting on the Website or Leafletter blog, or via email.

Age Requirement

You must be at least 13 years of age to sign-up for the Leafletter Service. Parents and guardians of Users under the age of 18 hereby agree to the terms of this Agreement on behalf of their minor User, and will be responsible for their minor User's use of the Service and any violation of this Agreement.

Your License to Leafletter

You hereby grant Leafletter a non-exclusive, royalty-free, worldwide, perpetual, transferable, assignable, and sublicenseable license to reproduce, publicly display, distribute, transmit, and otherwise use your Content in all contexts, formats and media to provide and promote the Service. If you do not want Leafletter to use your Content for the promotion of the Service, you must request in writing that your Content not be used for the promotion of the service.

When uploading or distributing Content through the Service, you hereby represent and warrant that you own or otherwise control all necessary rights to so use the Content, and your grant of the above license in the Content, and its use in connection with the Service, does not and will not violate third-party rights of any kind, including any intellectual property rights or privacy rights. Likewise, you warrant and agree that your Content is not illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person or entity, that it does not link to any prohibited content or activity, and that it does not advocate illegal activity.

You indemnify and hold harmless Leafletter from any and all claims resulting from any Content that you supply. Leafletter neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made in connection with the Service by anyone other than authorized Leafletter employees acting in their official capacities.

You agree that Leafletter may access, review, store, reproduce and/or disclose, as applicable, any Content if required to do so, or if Leafletter has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such Content or your use of it violates any third party's rights, or to protect the rights, property or personal safety of Leafletter, any other User, or the general public.

Registration

When you register to use Leafletter, you will be required to provide a legitimate email address (User Name) and password (collectively, your Personal Information). Leafletter will use your Personal Information in accordance with its Privacy Policy (below). You agree that you will not allow others to use your User Name, password, and/or account. You agree to indemnify and hold Leafletter and its affiliates harmless for any improper, unauthorized or illegal uses of your User Name, password and/or your account, including illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or account.

Objectionable Content

Leafletter has the right but not the obligation to monitor, modify and/or remove any Content uploaded or distributed via the Service. Leafletter may monitor, modify and remove any Content at its sole discretion. Leafletter is not responsible to you for any content or materials constituting all or part of the Website, User Content, or any aspect of the Service that you might find objectionable, whether or not you have brought such aspect of the Service to Leafletter's attention. By viewing any Leaflet, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.

Leafletter is committed to protecting the privacy of your personal information. Leafletter does not rent or sell personally identifiable information, such as your name or e-mail address, to advertisers. We may use your personal information to deliver you the Service and send you notices related to the Service and your account. We may also share your information with our partners in order to provide you the Service (e.g. credit card and billing companies, technology and service providers, etc.). We will give you ability to opt out of any Leafletter promotional e-mails. Simply click on the appropriate opt out button to remove yourself from future e-mails. Leafletter does not knowingly collect personal information from children under the age of 13. Leafletter requests that children under the age of 13 not use the Service nor submit any personal information to the Service. We will use reasonable efforts to comply with our Privacy Policy and to take prompt corrective action when we learn of any failure to comply with our Privacy Policy. However, there are always risks associated with using the Internet, and with using complex and evolving technologies such as the Leafletter Service, and we cannot guarantee our performance under our Privacy Policy.

Pricing

Leafletter's Service is currently available free of charge. However, Leafletter reserves the right to charge for its Service or any part therof at any time. The price of any Service will be the price specified at the time of purchase. Likewise, Leafletter reserves the right to include advertisements for Leafletter or third parties on the Website, Service, or individual Leaflets at any time. Should Leafletter change either its pricing or its advertising policies, those changes and all related changes to this Agreement will be posted on the Website, Leafletter blog, and/or in this Agreement and shall be binding upon posting in this Agreement.

Changes to the Agreement

Leafletter reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon posting. Please review the terms and conditions periodically. If you do not agree to or are not able to abide the Agreement as amended, you must cancel your Leafletter account and cease using the Service.

Unauthorized copying or distribution of copyrighted materials is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, Leafletter may revoke the license of Users who infringe upon or are believed to infringe upon the copyright or other intellectual property rights of others. If you are a copyright holder who believes that Leafletter's Service is hosting or linking directly to infringing copies of your work, please let us know in writing.

Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Website or Service are the property of Leafletter. You may not copy, display or use any of these marks without prior written permission.

The Website and Links to Third Party Sites

The Website means the web sites accessed by the domain names www.leafletter.com and www.leafletter.net and any subdomains, as well as any other site owned or controlled by Leafletter. The Website does not refer to any other web site linked to or from the Website, or to any third party site on which the Service may appear. The Service may present links to retailers and/or other third-party websites not owned or operated by Leafletter. Leafletter is not responsible for the availability of these outside sites or their contents. You understand and agree that Leafletter is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites' administrators.

Modifications to Service

Leafletter may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, the Website and/or the Service with or without providing you with notice except as otherwise stated in this Agreement. You agree that Leafletter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnity and Termination

You understand and agree that any unauthorized use of the Service, Software, or Website would result in irreparable injury to Leafletter for which money damages would be inadequate, and in such event Leafletter shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Leafletter may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

You agree to indemnify, defend and hold harmless, Leafletter and Leafletter officers, directors, employees, agents, licensors, representatives, and third party providers from and against all claims, actions, demands, causes of action, and other proceedings, and all losses, expenses, fees, fines, damages and costs, including reasonable attorneys' fees and court costs, arising out of or relating to your breach of this Agreement or improper use of the Service.

Leafletter may, in its sole discretion, terminate this Agreement or suspend your account at any time with or without notice to you in the event that you breach (or Leafletter reasonably suspects that you have breached) any provision of this Agreement. If Leafletter terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, Leafletter shall have no liability or responsibility to you. Upon termination of this Agreement for any reason, all of your rights to use the Service and all Content shall immediately terminate.

Disclaimers

You understand and agree that your use of the Service and Website is at your own sole risk. The Service and Website are provided "as is" and "as available" and without warranty by Leafletter. To the maximum extent allowed by law, Leafletter expressly disclaims all warranties, express and implied, including but not limited to warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement. There is no warranty that the Service or Website will meet your requirements or that your access to the same will be uninterrupted or error free. Leafletter does not warrant, guarantee, or make any representations regarding the use or results of the use of the Service with respect to performance, accuracy, reliability, security, or otherwise. You agree not to hold Leafletter responsible for any damages that result from you accessing and/or using the Service. No oral or written information or advice given by any person shall create a warranty in any way relating to Leafletter.

Under no circumstances shall Leafletter be liable for any unauthorized use of the Service.

To the fullest extent permissible under applicable law, Leafletter shall be under no circumstances liable to you for any consequential, incidental, indirect, or other damages, including but not limited to damages for the loss of business profits, interruption, etc. arising out of the use or inability to use the Service. To the extent that in a particular circumstance or under a certain jurisdiction any disclaimer or limitation of damages or liability set forth herein is prohibited by applicable law, then Leafletter shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law in such a circumstance or jurisdiction. In no event shall Leafletter's liability to you for any and all claims, damages, losses, and causes of action exceed the amount paid by you, if any, for the Service.

Claims and Arbitration

Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service, your use of the Service, or to any other alleged act or omission by you or Leafletter, shall be determined exclusively by final and binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association in Chicago, Illinois. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Leafletter with respect to the Service, or your (or any third party's) misuse of the Service, and that, in the event of any such breach or alleged breach, Leafletter will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law.

Miscellaneous

This Agreement and any other terms or documents referred to herein represent your entire agreement with Leafletter with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Leafletter's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Illinois, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Except for claims or disputes to the extent arbitrated as provided above, you expressly agree that the state and federal courts located in Chicago, IL have exclusive jurisdiction over any claim or dispute with Leafletter or relating in any way to your account or your use of the Service. Except for claims or disputes to the extent arbitrated as provided above, you further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in Chicago, IL in connection with any such dispute including any claim involving Leafletter or any of its related parties and/or affiliates. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.