General Member and Visitor Conduct and General Acknowledgements
You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your membership account or otherwise will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not Sputtik) shall be solely responsible for all materials submitted to the Site. With respect to information that you may elect to submit though the Site, you agree to provide any additional information requested by Sputtik, and that all information submitted by you to the Site was obtained by you through legal and ethical means. If you elect to register as a member of the Site for any purpose, you agree that all information provided or submitted by you related to your membership account shall be true, accurate, correct, and complete for all purposes and you will maintain and promptly update your membership information from time to time to ensure the continual accuracy of your information. If Sputtik has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sputtik shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You further agree not to harvest or collect email addresses or other contact information of members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to: • harass or advocate harassment of any person; • exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner; • solicit personal information from anyone under 18; • promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable; • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable; • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; • transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spamming" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site; • promote contests or sweepstakes that is not in conformity with all applicable laws; • promote pyramid or ponzi schemes. • upload, post, email, transmit or otherwise make available any material that contains software viruses, 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 equipment; • use or attempt to use another's account, service or system without authorization from Site, or create a false identity on the Site; or • commit or cause the commitment of any "click-fraud" or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics on the Site. You understand that by using the Site, you may be exposed to Content that you find to be offensive, indecent or objectionable. Under no circumstances will Sputtik be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted or otherwise made available via the Site. You agree and acknowledge that the information, ideas and opinions appearing on the Site do not necessarily reflect the views of Sputtik.
Member Content Posted on the Site
You are solely responsible for any content, information, data, photos or profiles that you publish or display (hereinafter, "post") on the Site, transmit to other members, or store via the Site in any manner (collectively the "Member Content"). You understand and agree that Sputtik may review and delete or remove any Member Content that in the sole judgment of Sputtik violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or any other third parties. By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Sputtik an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content in whole and in part, in any and all media now known or hereafter devised, and to prepare, distribute, use, copy, perform, display, reformat, and/or translate derivative works thereof, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If this Site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Online Forums"), you agree to use the Online Forums only to send and receive messages and material that are proper and related to the particular Online Forum. Sputtik reserves the right to terminate your access to any or all of the Online Forums at any time without notice for any reason whatsoever. Sputtik has no obligation to monitor the Online Forums. However, Sputtik reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sputtik's sole discretion. You acknowledge that all Online Forums are public and not private communications, and therefore that your communications may be read by others without your knowledge. Sputtik does not control or endorse the content, messages or information found in any Online Forum and, therefore, Sputtik specifically disclaims any liability with regard to the Online Forums and any actions resulting from the User's participation in any Online Forum. Online Forum administrators, if any, are not authorized Sputtik spokespersons, and their views do not necessarily reflect those of Sputtik.
Proprietary Rights in Content on Sputtik
All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Sputtik, or its advertisers, partners or licensors, or registered members. All rights reserved. Except as expressly provided herein, the Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Sputtik's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Notwithstanding the foregoing, in all cases, (except for Member Content owned by you) you may not republish or use Content on any Internet, intranet or extranet site, or on any other tangible or intangible media or incorporate the information in any other database or compilation without first obtaining Sputtik's prior written consent. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Site are either trademarks of Sputtik or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sputtik. YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
Links to other websites and this Site
You are solely responsible for your interactions with other Sputtik members and advertisers that may advertise or post Member Content on the Site. Sputtik reserves the right, but has no obligation, to monitor disputes between you and other members and advertisers. You will not hold Sputtik responsible for advertisers, other members or other users' actions or inactions, including things Site members and/or advertisers post or offer, including without limitation any Member Content. You acknowledge that Sputtik is solely a facilitator and promoter of information provided to it by its members and does so for artistic, creative and entertainment purposes. We are not involved in the actual development of the submitted Member Content and have detrimentally relied on the representations made by you under the terms of this Agreement in order to provide the Site to the public. We have no control over and do not guarantee (a) the truth or accuracy of any advertisements, Member Content, or other content posted on the Site or (b) any advertiser will actually complete a transaction with you at all or to your satisfaction. If you have a dispute with one or more users of the Site or any Site advertiser, you release Sputtik (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Sputtik is not responsible for any incorrect or inaccurate content posted on the Site or accessed via a link from the Site, whether caused by members of the Site or Site advertisers or by any of the equipment or programming associated with or utilized in the offering of the Site. Sputtik is not responsible for the conduct of any user or member of the Site or Site advertiser. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Sputtik assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Sputtik is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Site advertisers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site. To the furthest extent allowed by law, under no circumstances will Sputtik be responsible for any loss or physical damage, including personal injury or death, resulting from anyone's use of the Site, any content posted on the Site or transmitted to members of the site, or any interactions between users of the Site, whether online or offline. THE SITE AND THE CONTENT ARE PROVIDED "AS-IS" AND Sputtik DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Sputtik CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Sputtik BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF Sputtik HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, Sputtik'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000.00 OR THE AMOUNTS PAID BY YOU TO Sputtik FOR YOUR MEMBERSHIP OR FOR SERVICES PROVIDED TO YOU VIA THE SITE.
You agree to indemnify and hold Sputtik, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.
Age Requirements; Parental Notificaton and Responsibility
You represent that you are at least 18 years of age; provided that if you are under the age of eighteen (18) (a) your parent and/or guardian consents to the terms of this Agreement and (b) your registration and membership to the Site shall only be processed upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s) or by demonstration that you have been deemed an "emancipated minor" by a court of competent jurisdiction. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide Sputtik any personally identifiable information. You acknowledge if you provide Sputtik any personally identifiable information and are under the age of fourteen (14), Sputtik will make every effort to destroy/delete that information. Moreover, if you are under the age of [sixteen (16)], you are not allowed to register and become a member of the Site or access content, features and services on the Site as a member. If you are a parent of a minor that has accessed this Site in violation of the terms of this Agreement, please contact us immediately at custserv@Sputtik.com in order to allow us to terminate your child's membership and remove all information provided by your child to the Site. Please be aware that while Sputtik attempts to ensure inappropriate web sites are not included among its linked sites, parents and guardians are ultimately responsible for monitoring their child's use of the Site.
Sputtik's Right to Terminate and Other Membership Restrictions
Site membership is void where prohibited. By using the Site, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. Sputtik may terminate your membership or your access to all or portions of the Site for any reason or no reason at any time, in Sputtik's sole discretion. Without limiting Sputtik's rights described in the previous sentence, you acknowledge that certain membership accounts, such as Sputtik's "LookAhead Trial" or Nextaris accounts are intended to be used as one account per client/company/site and Sputtik, in its sole discretion, may terminate any such accounts if you abuse Sputtik's "one-account-per-client" policy during the designated trial period, or if excessive repeat crawls are conducted on different starting URLs. Moreover, bandwidth (upload) usage (for both free and subscription membership) is limited to 30MB per month and is subject to change by Sputtik without notice, in Sputtik's sole discretion. Excessive uploading of files or use of multiple membership accounts by you or on your behalf may be considered by Sputtik, at its sole discretion, to be a violation of this Agreement.