9. You must not modify, adapt or hack Smirk or modify another website so as to falsely imply that it is associated with Smirk.
10. You must not create or submit unwanted email to any Smirk members ("Spam").
11. You must not transmit any worms or viruses or any code of a destructive nature.
Violation of any of these agreements will result in the termination of your Smirk account. While Smirk prohibits such conduct and content on its site, you understand and agree that Smirk cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Smirk service at your own risk. Smirk does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Smirk expressly disclaims any and all liability in connection with User Submissions.
General Conditions
1. We reserve the right to modify or terminate the Smirk service for any reason, without notice at any time.
2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Use.
Copyright
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Smirk respects intellectual property. We do not permit copyright infringing activities on our website, and will remove all Content and User Submissions if properly notified of infringment on another's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Smirk's Copyright Agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Questions
Any questions about these Terms of Use should be addressed to team [at] particularplace.com or by mail to:
Particle Programmatica, Inc.
855 Folsom Street, San Francisco, CA 94107 USA
