IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT THE SITE.
STOIC RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS SITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS THE SITE AFTER NOTICE OF ANY SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Age of Users
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
You must register on this Site in order to use certain Site functions, such as http://www.createthebanner.com. If you just want to browse this Site, registration is not required.
During registration, you will be required to provide contact information, consisting of your date of birth, email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others through certain Site functions such as our blog. Stoic reserves the right to reject or remove any username.
For certain Site functions, such as the purchase of products and services, you may be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
This Site and its contents are for your personal, lawful non-commercial use only.
Proper Use of This Site
When you comment on our blog, contact us through email, participate in a product promotion, or otherwise participate in any Site social or communication function, you agree at all times to comply with our Community Guidelines as provided below. You may use Stoic for lawful purposes only and may use the Site only in ways consistent with the law.
You may not use any program, spider or “bot” to gather or “harvest” information from this Site.
– Post or email content that defames or threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e. pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.
– Supply information that is not true to the best of your knowledge.
– Disclose the name, address, or other personal information of any third party without that person’s express permission.
– Are under the age of 13 and attempt to register on this Site or use any functionality for which registration is required. (If you are over the age of 13, you agree not to permit or encourage any violation of this rule.)
– Use or attempt to use the Site and its resources for unlawful purposes. (You agree never to post or exchange content, data, or files that infringes any third party copyright, trademark, or other proprietary rights.)
– Share unauthorized copyrighted content through the Site.
– Circumvent or attempt to circumvent any Site protections and safeguards, (You agree never to use the Site’s functionality for unauthorized mail or messages or any form of “spamming.”)
– Engage in disruptive behavior, including behavior that interferes with the normal flow of any gameplay or dialogue on the Site. (This non-acceptable behavior also includes without limitation commercial postings, solicitations, advertisements, and posting repetitive text.)
– Upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt the Site or our services.
– Interfere with another person’s enjoyment of the Site or any of the services or resources we offer.
– Exploit bugs, undocumented features, trap doors, design errors, or problems inherent with the Site or its design, including any resources offered through the Site.
Proprietary And Intellectual Property Rights
“Content” on the Site may include without limitation software, text, forum posts, chat postings, messages, links, music, sound, pictures, videos, graphics and audio-visual works, and the design and appearance of the Site. Stoic reserves all rights under intellectual property law in Stoic and in any Content that is on the Site. In consideration for your agreement to the terms and conditions contained here, Stoic grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use.
Unless expressly authorized by Stoic or its Authorized Distributor, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content on the Site. Furthermore, the Stoic logo, name, and all graphics on the Site are trademarks of Stoic, its affiliates, or its Authorized Distributor, and nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Stoic or by any third party. Use, reproduction, copying, or redistribution of trademarks, without the written permission of Stoic, its affiliates, or its Authorized Distributor is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners.
Electronic Delivery Statement and Your Consent
You agree that we and/or our Authorized Distributor may provide you notices and other information concerning Stoic or this Site electronically, including notice to any email address that you may provide.
Content That You Supply
Stoic and/or its Authorized Distributor may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA, or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliates and Authorized Distributor the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
No Duty to Monitor
You agree that neither Stoic nor its Authorized Distributor is liable for content that is provided by others. Neither Stoic nor its Authorized Distributor has a duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Third Party Sites
Stoic and/or its Authorized Distributor may include on the Site hyperlinks to websites controlled by third parties. You agree that neither Stoic nor its Authorized Distributor is responsible or liable for any content or claims or other materials on third party sites. Neither Stoic nor its Authorized Distributor is responsible for any transactions or dealings between you and any third party. You agree that neither Stoic nor its Authorized Distributor is responsible for any claim or loss due to a third party site.
Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPNENTS, OR THAT THE SITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
Limitation of Liability
YOU AGREE THAT NEITHER STOIC NOR ITS AUTHORIZED DISTRIBUTOR WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. NEITHER STOIC NOR ITS AUTHORIZED DISTRIBUTOR WILL HAVE ANY LIABILTY TO YOU OR TO ANYONE CLAIMING LIABLITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, OR ANY PURCHASES MADE ON OR THROUGH THIS SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
Neither Stoic nor its Authorized Distributor makes any representation regarding your ability to transmit and receive information from or through the Site, and you agree that your ability to access the Site may be impaired. Stoic and its Authorized Distributor disclaim any and all liability resulting from or related to such events.
You agree to defend, indemnify, and hold harmless us, our affiliates, and our Authorized Distributor, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We and/or our Authorized Distributor reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Neither Stoic nor its Authorized Distributor makes any representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Location for Resolving Disputes
BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US AND/OR OUR AUTHORIZED DISTRIBUTOR BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US AND/OR OUR AUTHORIZED DISTRIBUTOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Required Negotiations and Notice of Dispute.
You agree that in the event of a dispute with either Stoic or its Authorized Distributor, you will make a good faith attempt to resolve the dispute informally for at least 30 days before initiating arbitration (as provided below). This informal negotiation shall commence upon receipt of written notice from you as provided herein, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek. You agree to send this notice via certified mail, return receipt, to Dan Rogers, Attorney at Law, P.O. Box 1233, Oakhurst, CA 93614.
You agree that any disputes or claims that you may have against our Authorized Distributor or us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Stoic (or its Authorized Distributor as the case may be) may litigate in court to compel arbitration, stay any proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
Severability and Integration
To ensure that Stoic provides a high-quality experience for you and for other users of this Site, you agree that Stoic or its representatives and/or Authorized Distributor may access your account and records on a case-by- case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Stoic does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Stoic reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Stoic believes that you have violated any of the Terms, furnished Stoic with false or misleading information, or interfered with use of the Site by others.
Claims of Copyright Infringement
Stoic respects the intellectual property rights of others. We have has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Stoic or of a third party, or otherwise violated any intellectual property laws or regulations. If you believe that your work has violated on this Site in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Revision Date: December 18, 2013
Copyright © 2013. Stoic LLC. All Rights Reserved.