DMCA Notice Included Below
III. AGE RESTRICTION
You need to be at least 13 years old and a resident of the United States to use the Website.
IV. USE RESTRICTIONS.
Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- (i) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
- (ii) use the Website for any unlawful purpose or for the promotion of illegalactivities;
- (iii) attempt to, or harass, abuse or harm another person or group;
- (iv) use another user’s account without permission;
- (v) provide false or inaccurate information when registering an account;
- (vi) interfere or attempt to interfere with the proper functioning of the Website;
- (vii) make any automated use of the system, including using any web crawlers orscripts, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- (viii) bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data;
- (ix) distribute, assign, resell, sublicense, or otherwise transfer the contents of the Website or the products or services sold hereon without the prior written consent of the Company;
- (x) change, modify or make derivative works based on the contents of the Website or the products or services sold hereon;
- (xi) copy, “mirror”, “frame” or “ghost” the Website or the products or services sold hereon on any other server, computer or device; or
- (xii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
V. POSTING AND CONDUCT RESTRICTIONS.
When you post, upload, link to or otherwise make available your own content on the Website, such as through a blog, chat room or forum on the Website, this is called “User Content”. You are solely responsible for the User Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Website at its sole and absolute discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:
- (i) You will not post information that is malicious, false or inaccurate;
- (ii) You will not submit content that is copyrighted or subject to third partyproprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- (iii) You understand and agree that any User Content you post shall not be treated as confidential, proprietary or private; and
VI. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or transmitted to users.
VII. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third
Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the other site.
VIII. SEPARATE AGREEMENTS FOR PRODUCTS OF SERVICES
In the event you desire to purchase products or services from this Website, you acknowledge and agree the Company reserves the right to require that you execute a separate written agreement for such purchase.
IX. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)
(“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at firstname.lastname@example.org
- The date of your notification;
- A physical or electronic signature of the copyright owner or a person authorized to acton behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, arepresentative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject ofinfringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such asan address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the mannercomplained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty ofperjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Lee County, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
X. LICENSE GRANT
By posting any User Content on this Website, you expressly grant hereby, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, resell, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website or any Company products or services.
XI. INTELLECTUAL PROPERTY
XII. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
XIII. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the Company in an
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com or mail to the following postal address:
Opting out may prevent you from receiving messages regarding the Company or special offers.
XIV. WARRANTY DISCLAIMER
DURATION REQUIRED BY LAW.
XV. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, REVENUE, USE OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES DESCRIBED OR OFFERED HEREON; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a vendor or merchant of a product or service offered on the Website, or that you review using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVI. GENERAL TERMS
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You acknowledge that this Website is only intended to be viewed from within the United States. Access from any other country where this Website’s contents are unlawful is not authorized. Furthermore, all information that you provide to us shall be stored on our servers in the United States. In the event that you reside outside the United States, and you use this Website, by your use of this Website you consent to the collection, storage and transfer of your information to the United States.
Notice of Consumer Rights for California Consumers: Under California Civil Code Sec. 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affair may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or by phone at 916-445-1254, or (800) 952-5210.
The Company shall not be liable for damages caused, in whole or in part, as a result of failures or delays due to reasons beyond our reasonable control or due to reasons without our fault or negligence, including, without limitation, failures or fluctuations in electric power, heat, light,
air conditioning, communications or telecommunication equipment, Acts of God, wars, riots, fire, flood, hacking, boycotts, labor strikes and compliance with any regulation, order or requirement of any governmental body or agency.
XVII. CONTACT US
S3 Surface Solutions, LLC
1558 Serrano Circle
Naples, FL 34105
XVIII. MATERIAL MODIFICATIONS
Dates of Material Modifications after May 1, 2016: None