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Terms & Conditions
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This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and 89steps, LLC (“89steps”), a limited liability corporation formed pursuant to the laws of the State of Maine. 89steps is the owner and operator of the web site “Tell Us What Sucks,” accessible through the Internet at www.TellUsWhatSucks.com, and this agreement governs all activities you undertake with respect to the use of that web site (the “Site”). The products and services of the Site are provided subject to your compliance with the terms of this Agreement, and your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and 89steps, and although we may attempt to notify you when major changes are made to this agreement, you should visit this Agreement periodically to review the terms. “Tell Us What Sucks” is a website designed to aggregate the opinions of its users, for their personal use and for the purpose of communicating those opinions to third parties. In accepting the terms of this agreement, you accept the fact that any statements or other content that you communicate using this website constitutes your personal opinion on the subject matter at hand, and in no way reflects the opinions of 89steps or its owners, and only constitutes the opinions of the Site’s users to the extent that they specifically state their agreement with your opinion. You further agree that 89steps and its owners have no opinion as to the content of your statements. PRIVACY 89steps takes the issue of privacy on the Internet very seriously. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of 89steps or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of 89steps and protected by U.S. and international copyright laws. All software used on this site is the property of 89steps or its software suppliers and protected by United States and international copyright laws. TRADEMARKS Tell Us What Sucks, the Tell Us What Sucks logo, Things That Suck, People That Suck, Places That Suck, 89steps, and the 89steps logo and other marks indicated on our site are trademarks of 89steps or its affiliates, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names used on the Site are trademarks or trade dress of 89steps, or its affiliates. The trademarks and trade dress of 89steps may not be used in connection with any product or service other than those developed by 89steps without the express written permission of 89steps. Such restrictions include, but are not limited to, any uses in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 89steps or the Site. All other trademarks not owned by 89steps or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 89steps or its affiliates. LICENSE AND SITE ACCESS 89steps grants you a limited license to access and make personal use of this site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any postings; any derivative commercial use of this site or its contents; or any commercial use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 89steps. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing 89steps’s name or trademarks without the express written consent of 89steps. Any such unauthorized use terminates the permission or license granted by 89steps. Pursuant to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), children under 13 are prohibited from using the Site. Children 13 and over may participate with the permission and guidance of their parent or guardian. Users of all ages are warned not to provide profile information without weighing the risks and benefits, and never to provide their personal information such as their phone number, address or other critical data online. You may use any of the content you create on the Site on your blog or web site so long as it doesn’t portray the Site, 89steps, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 89steps logo or other proprietary graphic or trademark as part of the link without express written permission. 89steps retains all rights to the organization and presentation of material on this website, including but not limited to all material input to the site by its users. As such, we retain the right to merge categories or entries, as well as to delete or otherwise amend titles, tags and other identifiers affiliated with such content. All right and title to, and interest in, the Site, and any content appearing on the Site, will remain the exclusive property of 89steps and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, or any other content appearing on the Web Site. By signing up for a user account for the Site, you affirm that you are not doing so in order to reverse engineer any of its features, to “clone” or otherwise copy the Site, or to engage in any activity designed to undermine the intellectual property rights of 89steps. 89steps retains all rights, title, and interest in the and to its software, and any rights not specifically granted in these terms are reserved by 89steps. You may not copy or modify any software code used to generate web pages on the Site. You may not reverse engineer, disassemble, access source code or database outside of the system, translate the software or otherwise attempt to derive the source code, except to the extent allowed under applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to 89steps and shall be deemed to be the confidential proprietary information of 89steps. PERSONAL ACCOUNTS If you have registered with the Site, you are responsible for maintaining the confidentiality of login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. 89steps reserves the right (but not the obligation) to remove or edit such content at its sole discretion, but does not regularly review posted content. As a user of the Site, you acknowledge that you may provide information regarding your likes and dislikes, and you hereby authorize 89steps and its affiliates to use such information. Information that 89steps collects about you will be used to enhance your utilization of the Site, among other uses as deemed appropriate by 89steps. By using the Site, you consent to the collection and use of this information by 89steps and its affiliates. By uploading material to any forum or by submitting any comments, recommendations or data (“information”) to us, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights in the information have been waived. If you do post content or submit material, and unless we indicate otherwise, you grant 89steps and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 89steps and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 89steps or its affiliates for all claims resulting from content you supply. 89steps has the right but not the obligation to monitor and edit or remove any activity or content. 89steps takes no responsibility and assumes no liability for any content posted by you or any third party. You agree that you shall not post any information: —that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; —that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); —that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; —for which you were compensated or granted any consideration by any third party; —that includes any information that references addresses, email addresses, contact information or phone numbers; or —that contains any computer viruses, worms or other potentially damaging computer programs or files. There are some restrictions on the kinds of “tags” that can be used on this site: nothing obscene, offensive, blasphemous, pornographic, menacing, supportive of unlawful action or otherwise objectionable is allowed. 89steps reserves all rights to determine the meaning of those terms and how they will be applied to content on this site. COPYRIGHT COMPLAINTS 89steps and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement which follows at the end of this document. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY Indemnification You agree to defend, indemnify and hold completely harmless 89steps and its affiliates from and against any and all claims, damages, costs and expenses, including without limitation claims based upon the negligence of 89steps, arising from or related to your use of the site, the materials it contains, and any sited linked to this site. Disclaimer of Warranties You expressly understand and agree that: (a) Your use of the site is at your sole risk. This site is provided by 89steps on an “as is” and “as available” basis. 89steps makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content or materials included on this site, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of the informational content. There is no warranty that information provided hereunder, our efforts, or the Site will fulfill any of your particular purposes or needs. (b) 89steps makes no warranty that: (1) your use of the site will be uninterrupted, timely, secure or error-free. (2) the results that may be obtained from the use of the Site will be accurate or reliable, or (3) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations. (c) Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No information, whether oral or written, obtained by you through the Site shall create any warranty not expressed stated in this agreement. Limitations and Exclusions of Liability You expressly understand and agree that 89steps shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if 89steps has been advised of the possibility of such damages) resulting from: (a) the use of or the inability to use the Site; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the Site; or (d) any other matter relating to the Site. If you are dissatisfied with the site, or any of the information contained thereon, or refuse to abide by this agreement, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against 89steps arising out of the use of this site. 89steps shall not be held liable for any representations on third party sites in relation to the information provided in this Site. APPLICABLE LAW By visiting the Site, you agree that the laws of the state of Maine, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 89steps or its affiliates. DISPUTES Any dispute relating in any way to your visit to 89steps shall be submitted to confidential arbitration in Augusta, Maine, except that, to the extent you have in any manner violated or threatened to violate 89steps’s intellectual property rights, 89steps may seek injunctive or other appropriate relief in any state or federal court in the state of Maine, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. TERMINATION 89steps may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, but not limited to, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. 89steps also reserves the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you. In the event of such termination, all representations, warranties, indemnifications, and promises made by you shall survive. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies. These policies also govern your visit to 89steps. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and 89steps with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. OUR ADDRESS ============================== NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 89steps’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 89steps and its affiliates that your copyrighted material has been infringed. • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the site; • Your address, telephone number, and e-mail address; • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 89steps’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent |
