1. Acceptance of Terms.
The most up-to-date version of the TOS will be made available at: http://www.www.storeautomator.com/legal/
We may modify or revise the TOS at our discretion at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the TOS or any other applicable Policies posted by us, you may not use our services. By actually using our services, you agree that StoreAutomator will treat your use of the services as acceptance of the TOS and other applicable Policies.
2. Your Registration Obligations.
In consideration of your use of the Service, you represent that, if you are an individual, you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada, or any other applicable jurisdiction, and if you are an entity, you are a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. You also agree to:
1. provide true, accurate, current and complete information about yourself and the website that you wish to subject to the Services (the “Registration Data”) and
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. Notwithstanding the above, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by this TOS, and assume full responsibility and liability associated with any failure of compliance herewith in connection with said minor’s use of any of the Services.
4. StoreAutomator LLC is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) are appropriate.
3. Member Account, Password and Security.
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Member Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
Your use of the Service is subject to our Content and Acceptable Use Policy.
You acknowledge that StoreAutomator may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us.
We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
1. comply with legal process or enforceable government request;
2. enforce the TOS, including investigation for potential violations thereof;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service; or
5. protect against imminent harm to the rights, property or safety of StoreAutomator LLC, its users and the public as required or permitted by law.
You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5. International Data Transmissions by Nature.
When you register with StoreAutomator, you acknowledge that in using StoreAutomator services to send electronic communications (including but not limited to uploading text, photos and/or files and other Internet activities), you will be causing communications to be sent through our computer networks, portions of which are located in different areas of Canada, United States and other locations abroad. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, can result in the transmission of international/interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in international data transmissions.
6. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. Content Submitted to be subject to the Service.
We do not claim ownership of Content you submit to be subject to the Service, or to the Content produced as a result of applying the Service. However, with respect to these Contents submitted by you and produced as a result of applying the Service, you grant StoreAutomator LLC a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on StoreAutomator’s server solely for the purposes of providing the StoreAutomator Service to which such Content was submitted. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or we remove such Content from the Service.
8. Contributions to the Service.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to StoreAutomator LLC through the Services, our forum, or contact forums, you acknowledge and agree that:
1. your Contributions do not contain confidential or proprietary information;
2. we are not under any obligation of confidentiality, express or implied, with respect to the Contributions;
3. we shall be entitled to use or disclose such Contributions for any purpose, in any way, in any media worldwide;
4. we may have something similar to the Contributions already under consideration or in development;
5. your Contributions automatically become the property of StoreAutomator LLC without any obligation to you; and
6. you are not entitled to any compensation or reimbursement of any kind for the Contributions, from us or other users of the Services under any circumstances.
You agree to indemnify and hold StoreAutomator LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS including any other applicable policies, or your violation of any rights of another.
10. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your user ID), use of the Service, or access to the Service without a written permission from StoreAutomator LLC.
11. General Practices Regarding Use and Storage.
You acknowledge that StoreAutomator may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on StoreAutomator’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that StoreAutomator LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that StoreAutomator LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that StoreAutomator LLC reserves the right to modify these general practices and limits from time to time.
12. Modifications to or Discontinuance of Service.
The Service (or any part thereof) may, at any time and from time to time, be modified or discontinued, temporarily or permanently, with or without notice. You agree that StoreAutomator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that, under certain circumstances and without prior notice, your StoreAutomator account and access to the Service may be immediately terminated by us. Cause for such termination shall include, but not be limited to,
1. Breaches or violations of the TOS or other incorporated agreements or guidelines,
2. Requests by law enforcement or other government agencies,
3. A request by you (self-initiated account deletions),
4. Discontinuance or material modification to the Service (or any part thereof),
5. Unexpected technical or security issues or problems,
6. Extended periods of inactivity,
7. Engagement by you in fraudulent or illegal activities, and/or
8. Nonpayment of any fees owed by you in connection with the Services.
Termination of your StoreAutomator account includes
1. Removal of access to all offerings within the Service, including but not limited to hosting accounts, databases;
2. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
3. Barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in our sole discretion and that StoreAutomator shall not be liable to you or any third party for any termination of your account or access to the Service.
14. Dealing with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. StoreAutomator’s Proprietary Rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Your use of Service does not give you any rights or ownership interests in StoreAutomator LLC’s intellectual property or technology. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. StoreAutomator AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. STOREAUTOMATOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATIONS OF LIABILITY.
You expressly understand and agree that StoreAutomator and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
19. EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
20. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
We may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
22. Trademark Information.
StoreAutomator, logos of StoreAutomator, LLC and StoreAutomator, trademarks and service marks and other StoreAutomator logos and product and service names are trademarks of StoreAutomator. Without our prior permission, you agree not to display or use these in any manner.
23. Copyright or Intellectual Property Infringement.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide us with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property 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 email 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;
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized representative.
26. General Information.
The TOS and applicable Policies constitute the entire agreement between you and StoreAutomator LLC and governs your use of the Service, superseding any prior agreements between you and StoreAutomator with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other StoreAutomator services, affiliate services, third-party content or third-party software.
Choice of Law and Forum.
The TOS, applicable Policies and the relationship between you and StoreAutomator LLC shall be governed by the laws of Canada without regard to its conflict of law provisions. You and StoreAutomator agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia, Canada.
Waiver and Severability of Terms.
The failure of StoreAutomator LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your StoreAutomator account is non-transferable and any rights to your user ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations.
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS or any applicable Policies to firstname.lastname@example.org