1. Acceptance of Terms
StuffSafe provides internet applications and information relating to home asset inventory,
and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"), which may be
updated by StuffSafe from time to time. StuffSafe will provide notice of
materially significant changes to the Terms by posting notice on the
StuffSafe site. You can review the most current version of the Terms at:
http://www.StuffSafe.com/terms.php.
By using the Service in
any way, you are agreeing to comply with these Terms. In addition, when
using particular StuffSafe services, you agree to abide by any applicable
posted guidelines for all StuffSafe services, which may change from time to
time. Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become dissatisfied
with StuffSafe in any way, your only recourse is to immediately discontinue
use of StuffSafe.
2. Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or otherwise make
available via the Service. You understand that StuffSafe does not control,
and is not responsible for Content made available through the Service, and
that by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the StuffSafe site and Content available through the Service may contain
links to other websites, which are completely independent of StuffSafe.
StuffSafe makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other webites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances will
StuffSafe be liable in any way for any Content or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service.
You acknowledge that StuffSafe does not pre-screen or approve Content, but
that StuffSafe shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via the
Service, for violating the letter or spirit of the Terms or for any other
reason.
3. Notification of Claims of Infringement
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 StuffSafe's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
abuse@StuffSafe.com.
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you
claim has been infringed;
- Identify the material on the StuffSafe site that you claim is
infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
StuffSafe will remove the infringing content, subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
4. Privacy and Information Disclosure
StuffSafe has established a Privacy Policy to explain to users how their
information is collected and used, located at
http://www.StuffSafe.com/privacy.php. Your use of the
StuffSafe website or the Service signifies acknowledgement of and agreement
to our Privacy Policy. You further acknowledge and agree that StuffSafe
may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce these Terms; respond to claims that any
Content violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as a form of harrassment;
protect the rights,
property, or personal safety of StuffSafe, its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a
StuffSafe or UpStart Productions employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to messages
that are lawful non-deceptive parodies of public figures.);
- that includes personal or identifying information about another person
without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the StuffSafe sites which are not designated for
such purposes; or (2) emailed to StuffSafe users who have requested not to
be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed;
- that advertises any illegal services or the sale of any items the sale of
which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by law;
- 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;
- that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harrass anyone;
- collect personal data about other users for commercial or unlawful
purposes;
- use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by StuffSafe;
- irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to StuffSafe's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
StuffSafe website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
StuffSafe email addresses or through StuffSafe computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
leased by StuffSafe. Any unauthorized use of StuffSafe computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.). Such violations may subject the
sender and his or her agents to civil and criminal penalties.
7. Limitations on service
You acknowledge that StuffSafe may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that StuffSafe
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
StuffSafe reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that StuffSafe
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
8. Access to the Service
StuffSafe grants you a limited, revocable,
nonexclusive license to access the Service for your own personal use of
the Service, and not to download (other than page caching) or modify it,
or any portion of it, or any Content made available via the Service
(except for your own Content), without the express written consent of
StuffSafe. This license does not include any collection, aggregation,
copying, duplication, display or derivative use of the Service nor any use
of data mining, robots, spiders, or similar data gathering and extraction
tools for any purpose unless expressly permitted by StuffSafe. A limited
exception is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include
a website or search engine or other service that specializes in classified
listings or in any subset of classifieds listings such as jobs, housing,
for sale, services, or personals, or which is in the business of
providing classified ad listing services.
StuffSafe permits you to display on your website, or create a hyperlink
on your website to individual pages on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by StuffSafe to do so. You may also
create a hyperlink to the home page of the StuffSafe site so long as the
link does not portray StuffSafe, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
StuffSafe offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. StuffSafe permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'StuffSafe' as the source, (d) your use or
display does not suggest that StuffSafe promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
StuffSafe's systems. StuffSafe reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
StuffSafe immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from StuffSafe.
9. Termination of service
You agree that StuffSafe, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if StuffSafe believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that StuffSafe shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
10. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You agree that StuffSafe shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that StuffSafe is under no obligation to
become involved. In the event that you have a dispute with one or more
other users, you hereby release StuffSafe, its officers, employees, agents
and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of StuffSafe. You further agree not to
reproduce, duplicate or copy Content from the Service without the express
written consent of StuffSafe, and agree to abide by
any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service.
Although StuffSafe does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
StuffSafe an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant StuffSafe all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE StuffSafe SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE StuffSafe SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
StuffSafe DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE StuffSafe SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, StuffSafe DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
StuffSafe SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE StuffSafe SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, StuffSafe
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE StuffSafe SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL StuffSafe BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF StuffSafe
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE StuffSafe SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE StuffSafe SITE OR THE SERVICE, FROM
INABILITY TO USE THE StuffSafe SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE StuffSafe SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE StuffSafe SITE OR THE SERVICE OR ANY
LINKS ON THE StuffSafe SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE StuffSafe SITE
OR THE SERVICE OR ANY LINKS ON THE StuffSafe SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold StuffSafe, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
15. General information
The Terms constitute the entire agreement between you and StuffSafe and
govern your use of the Service, superceding any prior agreements between you
and StuffSafe. The Terms and the relationship between you and StuffSafe
shall be governed by the laws of the State of Oregon without regard to
its conflict of law provisions. You and StuffSafe agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Multnomah, Oregon. The failure of StuffSafe to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to
abuse@StuffSafe.com. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for StuffSafe to pursue legal action to enforce these
Terms, you will be liable to pay StuffSafe the following amounts as liquidated
damages, which you accept as reasonable estimates of StuffSafes' damages for
the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
StuffSafe one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If StuffSafe establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay StuffSafe one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access StuffSafe in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to StuffSafe email
addresses or through StuffSafe computer systems, you agree to pay
StuffSafe twenty five dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use, other than as
described above, you agree to pay StuffSafe one hundred dollars ($100) for
each such message. In its sole discretion, StuffSafe may elect to issue a
warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for
any purpose any Content (except for your own Content) in violation of these Terms
without StuffSafe's express written permission, you agree to pay StuffSafe three
thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay StuffSafe's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision of
these Terms, StuffSafe retains the right to seek the remedy of specific performance
of any term contained in these Terms, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted in these
Terms, or any combination thereof.
16. Feedback
We welcome your feedback on this document on our
Contact Page.
StuffSafe is a service of UpStart Productions [www.UpStart-Productions.com]. Copyright ©
2006 - 2008