Website agreement and user terms and
conditions:
The Web Site (the "Site") is an online information
service and referral marketplace provided by STR82ME.NET ("STR82ME"), subject to
your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. STR82ME MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are STR82ME, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT WRITTEN
PERMISSION. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to STR82ME a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to STR82ME by all means and in any media now known or hereafter developed. You
also grant to STR82ME the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against STR82ME or affiliated groups, businesses,
individuals and/or websites for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to STR82ME.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the site are the exclusive trademarks or servicemarks of the site
owner. Other product and company names mentioned in the site may be the
trademarks of their respective owners.
Proprietary Rights
STR82ME, and all related logos, and other identifying marks are and shall remain the
trademarks and trade names and exclusive property of the STR82ME founder Adam Jarvis,
and any unauthorized use of these marks is unlawful. Other trademarks on this website
are the property of their respective owners. All content on this website, including
without limitation all programs, compiled binaries, interface layout, interface text,
documentation and graphics, is the copyrighted property of STR82ME and is protected
by international copyright law. The content on this website may be used by you only
for your personal, non-commercial use as provided for in these Terms of Use, but may
not be taken out of context or presented in a misleading or discriminatory manner.
Any rights not expressly granted to you are reserved by us.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously
upon receiving any notice of claimed infringement. If you believe that your work has
been reproduced on this website in a manner that constitutes copyright infringement,
please provide a notice of copyright infringement containing all of the following
information:
1. A physical or electronic signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright owner,
its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice
of copyright infringement is accurate, and that the complaining party is authorized
to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
info@str82me.net
Notice: We are committed to establishing our services in as many languages as possible.
However, our company is based in the United Kingdom and the majority of us are English
speaking. We apologize, but at this time we can only correspond in English.
2.
Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by STR82ME, STR82ME does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for STR82ME - identified information, products or
services, all information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not affiliated
with STR82ME. You also understand that STR82ME cannot and does not guarantee
or warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
STR82ME PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND STR82ME SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
STR82ME DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. STR82ME HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE SITE
OWNER, STR82ME OR ITS AFFILIATED GROUPS, BUSINESSES, INDIVIDUALS AND/OR WEBSITES
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF STR82ME OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, STR82ME AND ALL IT'S
AFFILIATIONS LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. STR82ME makes no representations whatsoever about any
other web site which you may access through this one or which may link to this
Site. When you access a non-STR82ME web site, please understand that it is
independent from STR82ME, and that STR82ME has no control over the content on
that web site. In addition, a link to a STR82ME web site does not mean that
STR82ME endorses or accepts any responsibility for the content, or the use, of
such web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless STR82ME,
its officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of STR82ME and its owners, officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you
on its own behalf.
5.Term; Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Legal) shall survive any
termination of this Agreement. STR82ME may terminate these services, at any
time, with or without cause and without notice to user.
6.Legal.
These terms shall be governed by and
interpreted in accordance with the laws of
England and
Wales which
shall have exclusive jurisdiction over any disputes. If any of these terms are
determined to be illegal, invalid or otherwise unenforceable by reason of the
laws of any state or country in which these terms are intended to be effective,
then to the extent and within the jurisdiction in which that term is illegal,
invalid or unenforceable, it shall be severed and deleted from these terms and
the remaining terms shall survive and continue to be binding and enforceable.
You agree that any legal action or proceeding between STR82ME and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a law court of competent jurisdiction sitting in
England. Any
cause of action or claim you may have with respect to the service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. STR82ME's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
STR82ME may assign its rights and duties under this Agreement to any party at
any time without notice to you. Any rights not expressly granted herein are
reserved. The failure or delay of STR82ME to exercise or enforce any right in
these terms does not waive STR82ME's right to enforce that right.
7.Hyper-Links
This
site may be hyper-linked to other sites which are not maintained by, or related
to, STR82ME. Hyper-links to such sites are provided as a service to users and
are not sponsored by or affiliated with this site or STR82ME. STR82ME has not
reviewed any or all of such sites and is not responsible for the content of
those sites. Hyper-links are to be accessed at the user's own risk, and STR82ME
makes no representations or warranties about the content, completeness or
accuracy of these hyper-links or the sites hyper-linked to this site. Further,
the inclusion of any hyper-link to a third-party site does not necessarily imply
endorsement by STR82ME of that site.
8.Security
Any
passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). STR82ME will be entitled to monitor your
password and, at its discretion, require you to change it. If you use a password that STR82ME
considers insecure, STR82ME will be entitled to require the password to be
changed and/or terminate your account. You are prohibited from using any
services or facilities provided in connection with this site to compromise
security or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) is strictly
prohibited. If you become involved in any violation of system security, STR82ME
reserves the right to release your details to system administrators at other
sites in order to assist them in resolving security incidents. STR82ME reserves the right to
investigate suspected violations of these Terms of Use. STR82ME reserves the
right to fully cooperate with any law enforcement authorities or court order
requesting or directing STR82ME to disclose the identity of anyone posting any
e-mail messages, or publishing or otherwise making available any materials that
are believed to violate these Terms of Use.
Personal Safety:
We
advise that you never reveal any personal information about yourself or anyone
else (for example: telephone number, postal address, home address or email
address or any other details that would allow you to be personally
identified).
9.Information You Provide
You
may not post, send, submit, publish, or transmit in connection with this site
any material that:
• you
do not have the right to post, including proprietary material of any third
party;
•
advocates illegal activity or discusses an intent to commit an illegal
act;
• is
vulgar, obscene, pornographic, or indecent;
•
threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
•
seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
•
infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or their rights of
publicity;
•
violates any law or may be considered to violate any law;
•
impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the origin of
the content;
•
includes programs which contain viruses, worms and/or Trojan horses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
•
disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via this
site;
•
includes MP3 format files that you do not have full legal writes to
distribute;
•
amounts to a 'pyramid' or similar scheme;
•
disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
•
contains hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although under no obligation to do so, STR82ME reserves
the right to monitor use of this site to determine compliance with these Terms
of Use, as well the right to remove or refuse any information for any
reason. Notwithstanding these
rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither
STR82ME nor any third party that provides Content to STR82ME will assume or have
any liability for any action or inaction by STR82ME or such third party with
respect to any submission.
10.Prohibited Content
User
represents to STR82ME that the subject matter of the content of the User's Site
doesn’t contain any illegal, immoral, repulsive, defamatory, derogatory,
harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic
objectionable materials, depict sexual situations, promote discrimination on the
basis of race, sex, sexual preference, national origin, ethnicity, nationality,
disability, religious preference, or contain any material that violates any
patent, trademark, copyright, trade secret, confidential information, or other
property rights of any other party.
11.Spam
STR82ME has zero tolerance toward any Users associated
with spam. The accounts of Users associated with spam are immediately terminated
as soon as the violation is verified.
STR82ME will immediately terminate any User account which
it believes, in its sole discretion, is transmitting or is otherwise connected
with any spam or other unsolicited bulk e-mail, or that is using STR82ME URL in
any spam communication.
For
the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by
single mailing, about STR82ME, STR82ME or User products or services, who has not
specifically requested the information directly from User. Mailings to names or
lists that have been purchased, including but not limited to so called co-reg
lists, regardless of the opt-in procedures, are not permitted. STR82ME considers
ANY type of advertisement about STR82ME, STR82ME products or services, posted to
a Newsgroup or Chat Room, in violation of their posting rules, to be spam.
User
agrees to comply with all British and U.S. State and Federal spam
laws.
Because damages are often difficult to ascertain, if
actual damages cannot be reasonably calculated then you as User agree to pay
STR82ME liquidated damages of £250 for each piece of spam or unsolicited e-mail
transmitted from or otherwise connected with your account, or actual damages,
whichever is higher, to the extent such actual damages can be reasonably
calculated.
STR82ME's definition of SPAM is simple;
i) Sending email to any person or organisation that have not asked to receive email from you.
ii) Submitting posts, comments or transmitting information by any means to websites or people that have not asked to receive your communication or do not permit the transmission of such communication.
How to Avoid Spamming:
1) Get Permission
2) Stick to websites guidelines and rules
3) Avoid auto-submission software and websites
12.Prohibited Practices
User
shall not engage in any action that is harmful to STR82ME or other Users, to be
determined solely by STR82ME in its sole discretion, including but not limited
to the following:
User
shall refrain from causing any activity that results in a heavy server load,
which is defined as more than 30% of average of all other users or User’s
hosting services and User site will be cancelled without notice or
recourse.
User
is prohibited from using any service, program or device that loads the User Web
site to viewer’s browser without viewer entering the Affiliate Web site URL or
viewer clicking on link to the User Web site.
User
is prohibited from using any "pay for traffic" service or program that sells or
provides Web site visitors or hits to User’s Web site.
User
is prohibited from posting offensive, pornographic, prejudice content. No
disruptive, offensive or abusive behaviour is allowed. You agree to use STR82ME
only for lawful purposes, and in a way that does not infringe the rights of,
restrict or inhibit anyone else's use and enjoyment of the site. Prohibited
behaviour includes harassing or causing distress or inconvenience to any person,
transmitting obscene or offensive content or disrupting the normal flow of
business.
13.Earnings Disclaimer
You are solely responsible for your own taxes and must declare earnings you make with or without the use of our website and services as is legally required by the law of your country. STR82ME are not responsible for any of your legal obligations.
EVERY EFFORT HAS BEEN MADE TO
ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY
IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS,
THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND
IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED
AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT
ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY
CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED
UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR
MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES
MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS
DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME
LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR
CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,”
“PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR
MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL
PERFORMANCE.
ANY
AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE
INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE
IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE
MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR
MATERIAL.
14.Miscellaneous
STR82ME is a referral marketplace. We do not offer any
warranty or representation regarding any products/services offered on our site.
Each sale is an agreement made directly between the buyer and the seller.
STR82ME have the right to change any fee structures and/or terms and conditions
without giving warning or notice. However we endeavour to always offer you 100%
free site listings!!! STR82ME have the inalienable authority to delete any
listing(s) or seller(s) we deem as inappropriate and/or illegal. (Fees from
other sites are based on prices displayed online at the time of writing this
article and don't claim to be accurate at the time of your reading.)
STR82ME (STR82ME.NET, STR82ME.COM, STR82ME.CO.UK,
STR82ME.EU) is a business owned and operated by Mr Adam Jarvis. STR82ME is not a
chartered bank or trust company, or depository institution. STR82ME is not
authorized to accept deposits or trust accounts and is not licensed or regulated
by any state or banking authority. Any reference such as ‘the site’ or ‘STR82ME’
is a direct or indirect reference to the proprietor. In no event shall STR82ME
be liable for any damages including, but not limited to, direct, indirect,
special, incidental or consequential damages or other losses arising out of the
use of, or inability to use, STR82ME’s website, 3rd party websites and/or
STR82ME products or 3rd party products.
You must not use our website or any link in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of the website. You must not use our website or any link in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website or any link to copy, publish or send mass mailings or spam. All material you copy, publish or send via our website or any part of our service must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime, further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
YOU MUST BE
EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN
YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY
REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO
INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE
PRIVACY PROTECTION ACT AND IS NOT MONITORED AS DOING
SO.
