WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT
ATTENTION: You (hereinafter “You” or “User”) SHALL BE subject to the following Web Site Terms and Conditions of Use Agreement (these “Terms”) by SELECTING "I AGREE" AT WHICH TIME YOU MAY access and USE THE MakeYourCase.com web site (the “Site”) and/OR participate in the Site’s services (the Site services, including, without limitation, POSTS, publishing, e-mails, and ANY OTHER resources are collectively referred to as the “Services”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD SELECT "I DISAGREE", PROMPTLY EXIT THE SITE and not use THE SERVICES. notwithstanding the foregoing, YOUR USE OF OR ACCESS TO the services, INFORMATION, MATERIALS, OR ANYTHING ELSE OF USE OR VALUE ON THE SITE, or going beyond the site’s home page, also CONSTITUTES AGREEMENT TO ABIDE BY THESE TERMS AS THEN IN EFFECT.
1. Venue; No Representations or Warranties. User understands that the Site is an Internet forum owned and operated by SpringFed Systems, LLC, a Missouri limited liability company (“SpringFed”), that facilitates communication by and between storytellers and writers and acts only as a venue for storytellers and writers to publish, post and/or exchange information. SpringFed does not screen any users utilizing the Services or any postings, verify any personal information supplied by any users of the Site, or involve itself with communications among users. Accordingly, User hereby acknowledges and agrees that SpringFed makes no representations, guarantees or warranties (express or implied) as to: (A) the truth, accuracy, integrity, reliability, completeness, non-infringement or timeliness of any material, data, messages, e-mails, communications, advice or other posts or submissions by users of the Site, (B) the accuracy, reliability, completeness or timeliness of the Site or the Site Materials (as defined in Section 3), or (C) User obtaining any specific results from using the Site or any other tangible or intangible results based upon use of the Services. You understand the risks associated with dealing with strangers or persons acting under false or deceptive pretenses over the Internet, and You hereby solely assume such risks.
2. Use. The Site is available for individuals aged 13 years or older and is not directed to children under the age of 13. If You are under 13, please exit the Site immediately. By using the Site, You represent that You are 13 years of age or older and, if You are under the age of 18, You either are an emancipated minor, or have obtained the legal consent of Your parent or legal guardian to enter into these Terms, submit content, participate on the Site and the Site Services, and fulfill the obligations set forth in these Terms, which forms a binding contract between You and SpringFed.
3. Site Material; Copyright and Proprietary Rights. The Site, its contents, and its arrangement are (i) provided for User’s personal information and non-commercial use, (ii) the property of SpringFed and (iii) protected by United States and international copyright and other intellectual property laws. All copyright, trademark, and other proprietary rights in the Site and in the software, text, graphics, design elements, code and all other materials originated by SpringFed at or in the Site (collectively, the “Site Material”) are reserved to SpringFed. All other trademarks, copyrighted material, postings or domain names not owned by SpringFed that appear on the Site are the property of their respective owners. User shall not modify, reproduce, upload, post, transmit, download or distribute any part of the Site Material, or decompile, reverse engineer, or dissassemble the Site Material, other than printing out or downloading portions of the text and images for User’s own personal, non-commercial use, provided User keeps intact all copyright, trademark and other proprietary notices. This limited authorization is not a transfer of title in the Site Material and by use of the Site, User acknowledges that User does not acquire any license, ownership or other rights to the Site Material.
4. User Posts; Standards of Conduct. User shall be solely responsible for all communications and materials User submits, publishes, posts, uploads, distributes or transmits (collectively, “Posts”) to, in or through the Site, and for any consequences thereof. By way of example, and not as a limitation, User agrees that when using the Site, User will not: (A) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (B) Post any story, work of authorship, topic, name, material, information, software or other content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (C) Post information, software or other material that User does not have a right to make available under any law (including patent, trademark, trade secret or copyright law) or under contractual or fiduciary relationships (unless User is the owner or has permission from the owner); (D) Post any material that contains 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; (E) Post, conduct or forward contests, advertisements for goods or services, pyramid schemes, chain letters, junk mail, spam or any other form of solicitation; (F) impersonate any person or entity or falsely state or otherwise misrepresent User’s affiliation with a person or entity (G) falsify, forge or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted, (H) interfere with or disrupt the Site or servers or networks serving the Site; (I) use any robot, spider or other automatic or manual device (other than those generally available to third party web browsers) to copy or monitor the Site; or (J) violate any applicable local, state, national or international law. SpringFed does not verify, endorse or otherwise vouch for the contents of any Post. Users may be held legally liable for the contents of their Posts, and may be held legally liable if their Posts include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. Posts to the Site do not represent the views of SpringFed or any individual associated with SpringFed or the Site. In no event shall User represent or suggest, directly or indirectly, SpringFed or the Site’s endorsement of User’s Posts.
5. SpringFed’s Responsibility; License. User understands that SpringFed is not responsible for the content of materials Posted on the Site, and therefore, accepts no responsibility or liability for any communication, material or content that may reside in or is accessed by the Site other than SpringFed information. However, by Posting communication, material or content to the Site, User agrees to grant, and User represents and warrants that User has the right to grant, SpringFed a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to edit, reproduce, use, publish, print, distribute, disseminate, display and otherwise exhibit any such communication, material or content Posted by User, or any portion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without payment to User or any third party. All concepts, ideas, comments, manuscripts, illustrations, submissions and other materials disclosed or offered to SpringFed by Users on or in connection with the Site are deemed non-confidential and Posted without any restrictions or expectations of confidentiality. User hereby acknowledges and agrees that SpringFed has no obligation to maintain the confidentiality of any information, in whatever form, contained in any Post by User.
6. SpringFed Rights. Notwithstanding anything to the contrary herein, SpringFed reserves the right, in its sole discretion, to (A) monitor any Post, e-mail or other communication on the Site at any time, (B) disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar request, (C) edit, refuse to post or remove any information or material, in whole or in part, that does not conform to these Terms without notice or liability to User, or (D) terminate Your account and/or prevent users who have engaged in prohibited conduct under these Terms from further access to the Services, without notice or liability to User, for any reason whatsoever. Any conduct that in SpringFed’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. The decision by SpringFed to monitor and/or modify the content of the Site does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of SpringFed in connection with or arising from use by You of the Site or participation in any online forums or interactive features of the Site.
7. Passwords and Security. For any portion of the Site that requires a user account and/or password ("Account"), You are responsible for all use of Your Account and for any activities that occur under Your Account (under any screen name or password) and for ensuring that all use of Your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of Your user name(s) or password(s), if any. User agrees to immediately notify SpringFed of any unauthorized use of User’s password or Account or any other breach of security. SpringFed cannot and will not be liable for any loss or damage arising from User’s failure to comply with this paragraph.
8. Claims of Copyright Infringement; Policy. SpringFed respects the intellectual property of others, and asks User to do the same. If you believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of where the material that You claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) 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; and (6) 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.
The Designated Copyright Agent may be contacted as follows:
Chad W. Brigham
Heitland Leach LLC
220 West Lockwood Avenue, Suite 202
St. Louis, MO 63119
You hereby agree that SpringFed may, in its sole discretion and without notice or liability, (A) remove, or disable access to material on the Site that it believes may infringe on the rights of others, and (B) deny the Services offered on the Site and/or terminate the Account of any user who is a repeat infringer of the intellectual property rights of any third parties.
9. Disclaimer of Warranties and Limitation of Liability. User understands that all users accept responsibility for their own acts, and User agrees that an act by another user that injures User cannot be blamed on SpringFed. Further, User understands the inherent risks associated with operating a web site, and that SpringFed would not be able to make the Site or the Services offered to User if SpringFed would be liable for such inherent risks as usability problems, system failure or similar errors. Accordingly, in addition to the disclaimers herein, SpringFed must make the following disclaimers and insure that its liability for any problems connected with the Site or the Services is strictly limited, indemnified and released.
A. Disclaimer. USER EXPRESSLY UNDERSTANDS AND AGREES THAT (A) THE SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) SPRINGFED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) SPRINGFED MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE or any advice, statement, or other information displayed or distributed through the Site, OR (D) SPRINGFED DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SPRINGFED IS NOT RESPONSIBLE FOR THOSE COSTS. SPRINGFED SHALL NOT BE HELD RESPONSIBLE FOR THIRD PARTY MATERIAL ON THE SITE.
B. Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT SPRINGFED, and its affiliates, officers, MEMBERS, attorneys, agents, and employees, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY LINKED SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. USER’S USE OF THE SITE IS AT USER’S OWN RISK. IF USER IS DISSATISFIED WITH ANY OF THE STORIES, MATERIALS OR OTHER CONTENTS OF THE SITE, USER’S SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
C. Indemnification and Release. User agrees to indemnify and hold SpringFed and its affiliates, officers, members, attorneys, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any story, work of authorship, communication, material, software or content User Posts to the Site, User’s use of the Site, User’s use of the Services, User’s connection to the Site, User’s violation of these Terms or User’s violation of any rights of another. User hereby agrees to release SpringFed, and its affiliates, offers, members, attorneys, agents and employees, from any and all claims, causes of action, demands and damages of every kind and nature, known or unknown, disclosed or undisclosed, arising out of or relating to any disputes User may have against any other user of the Site.
10. Modification. SpringFed may, at any time without notice, and in its sole discretion, amend or modify the Site or these Terms by updating the Site or these Terms. Therefore, User should review the Site and these Terms from time to time so that User will be aware of any such modifications. SpringFed is under no obligation to update the Site or these Terms. User hereby agrees that SpringFed may also make changes in the Services provided in the Site at any time without notice. User’s continued use of the Site after any modification to the Site will be considered acceptance of those modifications.
11. Third Party Sites. Links to third party web sites made at the Site (collectively, “Linked Sites”) are not under SpringFed’s control, and You acknowledge and agree that SpringFed is not responsible for the availability of such external sites or resources or the contents thereof. Linked Sites are provided to User only as a convenience, and inclusion of a link does not imply endorsement or representation of the Linked Site or any information, materials, goods or services located thereon or any sponsorship, affiliation or association with its operators. User further acknowledges and agrees that SpringFed shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site. Domain names and trademarks of Linked Sites, or contained in information accessed at Linked Sites, are the sole property of their respective owners. You should direct any concerns regarding any Linked Sites to the proprietor(s) of such sites.
13. Termination. These Terms shall remain in force and effect while User is using the Site. In addition to any causes of termination provided herein, SpringFed reserves the right, in its sole discretion and without any liability to User, to terminate User’s access to and use of the Site or any part thereof (including, but not limited to User’s profile and Account), and to remove and discard any material posted by User thereon, for any reason whatsoever, including, without limitation, for lack of use, or if SpringFed believes that User has violated or acted inconsistently with these Terms. SpringFed may also, in its sole discretion and at any time, discontinue operation of the Site or any part thereof. Any such termination may be effected without any prior notice. Upon any such termination, SpringFed may immediately deactivate or delete User’s profile and Account and all information and files relating thereto. SpringFed shall not be liable to User or any third-party for any termination of User’s access to the Site or the Services.
14. Entire Agreement; Governing Law; Severability. These Terms constitute the entire agreement between SpringFed and User with respect to User’s use of the Site and the Services offered in connection therewith. These Terms are entered into and accepted in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of St. Louis in the State of Missouri, and waives any jurisdictional, venue, or forum non conveniens objections to such courts. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.