TERMS OF USE ("Terms of Use")
Welcome
Welcome to Splitcoaststampers.com.
Splitcoaststampers.com ("SCS")
is provided to you for your personal entertainment, information, education, and
communication through our featured content and interactive functionality available
via the Internet (the "Services").
Please read the Terms of Use carefully.
The Terms of Use include our policy for acceptable use of SCS and the Services
and content, as well as your rights, obligations and restrictions regarding
your use of the Services. We grant you a limited, revocable, non-exclusive
license to access the Services for your own personal use, subject to the Terms
of Use. Use of the Services beyond the scope of authorized access granted to
you terminates this permission.
By accessing the Services, you accept,
without limitation or qualification, the following Terms of Use, and our
Privacy Policy, which is incorporated by this reference. You are only
authorized to use the Services if you agree to abide by the Terms of Use and
all applicable laws. If you do NOT accept the Terms of Use, Privacy Policy and
the Rules, then please discontinue your use of SCS and the Services.
We may modify the Terms of Use from time
to time and each modification will be effective upon posting on SCS, which
serves as notice to you. The Terms of Use constitute the entire agreement
regarding your use of SCS or the Services and supersede any such prior Terms of
Use. We will attempt to notify all members of changes to these Terms of Use but
are not obligated to do so, as it is important that you review the Terms of Use
regularly to ensure you are updated as to any changes made. When changes are
made, we will indicate at the bottom of this page the date that revisions were
made.
Content on SCS
You understand that all information, data,
text, sound, photographs, graphics, video, postings, messages, software, tags,
advertisements or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not SCS, are entirely
responsible for all Content, which is intended to be available to the general
public, that you upload, post, transmit or otherwise make available through the
Services. We do not control the Content posted through the Services and, as
such, we do not guarantee the accuracy, integrity or quality of such Content
and disclaim any and all liability in connection with such Content. The
opinions expressed in postings or other Content provided through the Services
are not necessarily those of SCS or its owner, content providers, advertisers,
sponsors, affiliated or related entities. You understand that we are not
obligated to pre-screen, regularly review, monitor, delete or otherwise change
the Content associated with the Services. We do, however, reserve the right to
do so at any time in our sole discretion, for any reason or no reason, and to
delete any Content with or without notice. Under no circumstances will we be
liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available through the Services.
Member Content: Responsibility for Your Content
You are solely responsible for the Content
you submit or make available for inclusion through the Services ("Member
Content") and the consequences of posting or publishing it. You represent
and warrant that you own or have the necessary licenses, rights, consents, and
permissions to use and authorize SCS to use all trademark, copyright or other
proprietary rights in and to any and all Member Content to enable inclusion and
use of the Member Content in the manner intended by the Services and the Terms
of Use; you agree that you will not submit Member Content that violates these
Terms of Use.
SCS does not endorse any Member Content or
any opinion, recommendation, or advice expressed therein, and we expressly
disclaim any and all liability in connection with Member Content. You agree
that you will not submit Member Content that violates or is contrary to
applicable local, national, and international laws and regulations.
Member Content: Ownership & License
We do not claim ownership rights over your
Member Content. However, you grant us a perpetual, worldwide, royalty-free and
non-exclusive license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display Member Content through the Services, solely for
the purpose for which such Member Content was submitted or made available. You
grant each user of the Services a non-exclusive license to access your Member
Content, and to use, reproduce, distribute, display and perform such Member
Content as permitted through the functionality of the Services under these
Terms of Use.
Notwithstanding the foregoing, you
understand and agree that once Member Content is incorporated into other
aspects of the Services by SCS and/or its members, SCS is under no obligation
to delete or ask or require other SCS members to delete that Member Content,
and therefore, it may continue to appear and be used through the Services
indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You
understand and agree that we may retain, but will not display, distribute, or
perform, server copies of Member Content that have been removed or deleted.
Permitted Use of Content
The content associated with the Services,
including without limitation, the text, software, scripts, graphics,
photographs, sounds, music, videos, visual interface, design, computer code,
interactive features and the like ("SCS Content") and the trademarks,
service marks, trade names and logos contained therein, except all Member
Content, are owned by or licensed to SCS, subject to copyright and other
intellectual property rights under the law. Except as expressly and
unambiguously provided herein, SCS does not grant you any express or implied
rights, and all rights in and to the Services and the SCS Content are retained
by SCS.
You may access Member Content for your
information and personal, non-commercial, use solely as intended through the
provided functionality of the Services. Member Content and SCS Content are
provided to you "AS IS" and "AS AVAILABLE" for your
information and personal, non-commercial use only, to be used solely as
intended through the provided functionality of the Services and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners, and it may not be
used as prohibited under the Terms of Use.
Copyright Infringement Policy
In accordance with the Digital Millennium
Copyright Act ("DMCA") and other applicable laws, we have adopted a
policy of disabling or terminating, in appropriate circumstances and at our
sole discretion, the account of any SCS member who infringes the intellectual
property rights of you, us, or any third party. 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 notify us by
following our DMCA notification procedure.
Member Accounts
In order to participate in the Services,
you must create an account and become an SCS member. All members will receive a
password and are responsible for maintaining confidentiality of such password.
Each member's right to use the Services is personal to the member and members
are entirely responsible for any and all activities which occur under their
account whether authorized or not authorized. You agree to notify SCS of any
unauthorized use of your account or any other breach of security known or that
should be known to you. You acknowledge and agree that you are solely
responsible for your interaction with other members of SCS, and that we have no
obligation to monitor or resolve disputes between members of SCS.
User Conduct
You may not use the Services for any purpose
that is unlawful or prohibited by the Terms of Use and/or any applicable
additional terms. Your access to the Services may be terminated immediately,
in our sole discretion, with or without notice, if you fail to comply with any
provision of the Terms of Use and/or additional terms, or for any other reason,
or no reason. You expressly agree not to:
- Act as an
agent, affiliate or representative of the Services and utilize the Services or
Member Content or SCS Content for any commercial purpose other than for which
the Services is intended without our express written permission,
- Access,
monitor or copy any content or information of the Services using any robot,
spider, scraper or other automated means or any manual process for any purpose
without our express written permission,
- Take any
action that imposes, or may impose, in our discretion, an unreasonable or
disproportionate burden on our infrastructure, or
- "Frame,"
"mirror" or otherwise incorporate any part of the Services into any
other website without our prior written permission.
You agree not to use the Services for any
commercial use, without the prior, written authorization of SCS. Prohibited
commercial uses include any of the following actions taken without our express
approval:
- Sale of
access to the Services on another website,
- Use of the
Services for the primary purpose of gaining advertising or subscription
revenue,
- Sale of
advertising on the Services or any third-party website, targeted specific
Member Content or SCS Content, and
- Use of the
Services that we find, in our sole discretion, to use our resources or Member
Content with the effect of competing with or displacing the market for the
Services, SCS Content, or Member Content.
Unauthorized commercial uses do not
include uploading Member Content to the Services to promote your business or
artistic enterprise, or any use that SCS expressly authorizes in writing.
The following behaviors or activities are
strictly prohibited when using the Services:
- Strong, vulgar, obscene or otherwise harmful language,
- Racially, ethnically or otherwise, objectionable language,
- Harassing, intimidating, stalking or threatening other SCS members,
- Libelous, defamatory or otherwise tortuous language,
- Online vandalism,
- Impersonation of another person,
- Posting, distributing, transmitting or promoting illegal Content,
- Invasion of another's privacy,
- Actions that are hurtful to minors,
- Posting, providing, transmitting or otherwise making available any materials or
information infringing on the rights of a third party,
- Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- Posting, uploading, emailing or otherwise transmitting any material that
contains any malicious computer code, or reverse engineering or hacking any
materials associated with the Services.
We maintain a policy of cooperation with
any law enforcement authorities or court order requesting or directing SCS to
disclose the identity of anyone posting any such information or materials. We
have the right, but not an obligation, to strictly enforce the Terms of Use
through self-help, moderation, active investigation, litigation and
prosecution.
Termination of Service
You agree that SCS, in its sole discretion,
has the right, but not the obligation, to delete or deactivate your member
account, block your IP address, or otherwise terminate your access to or use of
the Services, or any part thereof, immediately and without notice, and remove
and delete any Member Content on the Services, for any reason, including,
without limitation, if we believe that you have violated or acted
inconsistently with the letter or spirit of the Terms of Use. Further, you
agree that SCS will not be liable to you or any third party for any termination
of your access to the Services. Further, you agree not to attempt to use the
Services after your member account has been terminated.
You agree that if you are dissatisfied
with the Services, if you do not agree with any part of the Terms of Use, or if
you have any other dispute or claim with or against us with respect to the
Terms of Use or the Services, your sole and exclusive remedy is to discontinue
using the Services.
Member fees / Refund Policy
SCS members may have profiles either at a
"basic" level (free) or may sign up for a paid membership. SCS
charges member fees for each paid membership account. SCS reserves the right to
increase member fees or to institute new fees at any time upon reasonable
notice (a minimum of 30 days) posted in advance on SCS. The act of paying fees
does not exclude you from the Terms of Use, which must be adhered to by all
members.
Member fees are charged up-front. SCS does
not provide refunds or credits for any member fees. Downgrades to a less
expensive membership or cancellation of any membership or termination of any
membership will not result in any refund or credit of fees already paid. The
cancellation or downgrade of a membership will go into effect at the end of the
then-current billing cycle. We may offer other paid services or features
associated with the Services, subject to specified terms and conditions, which
are incorporated by this reference.
Links
The Services may provide links to other
websites or resources. Because we have no control over such websites and
resources, you acknowledge and agree that SCS is not responsible for the
availability of such external websites and resources, and does not endorse and is
not responsible or liable for any content, advertising, products or other
materials on or available from such websites or resources. You further
acknowledge and agree that we will not be liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with the
use or reliance on any such content, goods or services available on or through
any such website or resource.
Children Online Protection Act Notification
We hereby notify you that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protections is available at ParentalSoftware.org's website,
http://www.parentalsoftware.org.
Indemnity
You agree to defend, indemnify and hold
SCS, our owner, and each of its subsidiaries, affiliates, directors, officers,
agents, vendors or other partners, employees and SCS moderators harmless from
any claim or demand, including attorneys' fees and costs, made by any third
party due to or arising out of any Content, material or information posted,
provided, transmitted or otherwise made available by you on or through the
Services, by your violation of the Terms of Use, or by your violation of any
third party right, including without limitation any copyright, property, or
privacy right.
Trademark Information
SCS and its logo are trademarks. You agree
that all SCS trademarks, including SCS trade names, service marks, logos and
service names are trademarks and the property of SCS. Without our prior
permission, you agree not to display or use in any manner any SCS mark. All
trademarks included in the Services that are not owned by SCS are the property
of their respective owners. Nothing contained on the Services may be construed
as granting, by implication, estoppel, or otherwise, any right or license to
use any trademark.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that the Services
are provided "AS-IS" or "AS AVAILABLE," and that we assume
no responsibility for your ability to (or any costs or fees associated with
your ability to) obtain access to the Services, nor do we assume any liability
for the failure to store or maintain any user communications or personal
settings.
No advice or information, whether oral or
written, obtained by you from the Services shall create any warranty not
expressly stated in these Terms of Use. In no event shall SCS or its owner, or
affiliates, be liable to you or any third party for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
lost profit damages, loss of or damage to reputation or loss of information,
arising from your use of the Services even if we have been advised of the
possibility of such damages.
Some jurisdictions do not allow the
disclaimer, exclusion or limitation of incidental or consequential damages, so
the foregoing disclaimer, exclusion and limitation may not apply to you, and
you may have other legal rights that vary according to jurisdiction. In no
event will damages provided by law, if any, apply unless they are required to
apply by law, notwithstanding their exclusion by contract.
We disclaim all liability for any loss or
damage arising out of your communications or dealings with any of the
businesses, advertisers, SCS members or users of the Services. Your
communications or dealings with such businesses, advertisers, members and users
are solely between you and them, although we reserve the right to monitor
disputes between you and them.
Our maximum aggregate liability to you for
any causes whatsoever, and regardless of the form of action, shall at all times
be limited to the greater of (A) the amount paid, if any, by you to us in
connection with the Services in the 12 months prior to the action giving rise
to the liability, or (B) US$100.00. You and SCS agree that any cause of action
arising out of or related to the Services must commence within one (1) year
after the cause of action accrues, otherwise, such cause of action is
permanently barred.
You are not allowed to promote a contest,
sweepstakes or giveaway on SCS without our expressed, advanced approval.
General
If there is any claim or dispute about or
involving the Services, you agree that the claim or dispute will be governed by
the laws of the State of California, United States of America, without regard
to conflict of law provisions. You agree to and hereby submit to exclusive
personal jurisdiction and venue in the state and federal courts located in the
County of Los Angeles, California and the Central District Court, California,
respectively, with respect to any such matters, and you agree to waive any and
all objections to jurisdiction and to venue. The Services are controlled and
offered by SCS in the United States and we make no representation that
materials associated with the Services are appropriate or available for use in
other locations, and accessing them from jurisdictions where the content is
illegal is prohibited. Those who choose to use or access the Services from
other jurisdictions do so at their own initiative and are responsible for
compliance with local laws.
Our failure to exercise or enforce any
right or provision of the Terms of Use will not operate as a waiver of such
right or provision. If any provision of the Terms of Use is unlawful, void or
unenforceable, that provision is deemed severable and does not affect the
validity and enforceability of any remaining provisions.
Revised July 21, 2010
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