WebStuff’s services, web sites, advertising, tools, web development, products and software, (will be referred to collectively as the “Services”). WebStuff (will be referred to as the “Proprietor”). Your use of the Services is subject to these Terms of Service (“TOS”). The Proprietor reserves the right to update and change the TOS from time to time without notice. Your continued use of the site or Services after the posting of any additions or modifications to these TOS constitutes your acceptance of such changes. You can review the most current version of the TOS at any time at http://www.webstuff.org/tos.php.
1. Introduction. This agreement (“Agreement”) between You and the Proprietor consists of these TOS. “You” means any person or entity who uses the Services and/or posts Content to the Services. By using the Services and/or posting Content you agree to be bound by the terms and condition of this Terms of Service. You may not use the Services if you do not accept these Terms.
1.1. The right to use the Services is provided to you individually and is not transferable. You are entirely responsible to maintain the confidentiality of your account and password. Furthermore, you are totally responsible for all activities, actions and things which occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify WebStuff immediately via the contact information available on our website.
1.2 The Proprietor reserves the right to add, modify or remove services and accounts for any reason with or without notice. The Proprietor will not be liable to you or any third party regarding these additions, modifications or terminations. Account Credits will not be refunded for any reason. Credits cannot be redeemed for money.
3. User Conduct and Content. You understand that all information, data, text, comments, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Proprietor, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services.
3.1 You agree to not use the Services to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or harm minors in any way;
e. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
g. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, and, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
h. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
i. collect or store personal data about other users.
You acknowledge that the Proprietor may or may not pre-screen Content, but that the Proprietor and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services. Without limiting the foregoing, the Proprietor and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Proprietor or submitted to the Services, including but not limited to, and, including without limitation information in comments, and in all other parts of the Services.
3.2 You agree not to and/or authorize or encourage any third party to:
a. create false impressions or deceptive clicks on any advertisement, including but not limited to automated robots, scripts, manual repetitive reloading, manual clicks or any other deceptive means;
b. alter, filter or modify in any way the advertising code (except for the adBackgroundColor variable), services or advertisements themselves including but not limited to obscuring or redirecting ads;
c. redirect users away from any Web page accessed by a user after clicking on any part of an advertisement (“Advertiser Page”), provide a version of the Advertiser Page different from the page a user would access by going directly to the Advertiser Page or intersperse any content between the advertisement and the Advertiser Page;
d. create ads that are deceptive in any way;
4. Disclosure of Content and Personal Information. You acknowledge, consent and agree that the Proprietor may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Proprietor, the users of the Services and the public.
5. No Control over Content. The Proprietor does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, including, but not limited to 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 uploaded, posted, emailed, transmitted or otherwise made available via the Services.
6. Information Rights. The Proprietor does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on the Services, including but not limited to, and, including without limitation comments you post to the Services, you grant the Proprietor world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
7. Indemnity. You agree to indemnify and hold the Proprietor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PROPRIETOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE PROPRIETOR MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROPRIETOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPRIETOR 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 (EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
10. Modifications to Services. The Proprietor reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Proprietor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
11. Miscellaneous. This Agreement shall be governed by the laws of New York State. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Erie County, New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to the Proprietor. The section titles in the TOS are for convenience only.