Terms of Use | STACK

Terms of Use

Member Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the STACK.com and other owned and operated domain names, the "STACK Website", or "Website"), YOU (the "Member") SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF STACK'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.stack.com/privacy-policy/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the STACK Website.

Modifications

STACK reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at STACK's sole discretion. The most recent version of this Agreement will be posted on the STACK Website. Although STACK will provide notice of material changes to this Agreement on the STACK Website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with STACK in any way, Member's only recourse is to immediately: (1) discontinue use of STACK; (2) terminate STACK registration; and (3) notify STACK of termination.

STACK Website

These Terms of Service apply to all Members of the STACK Website, including Members who are also contributors of video content, information, and other materials or services on the Website. The STACK Website may contain links to third party websites that are not owned or controlled by STACK. STACK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, STACK will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve STACK from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the STACK Website and to read the terms and conditions and privacy policy of each other website that you visit.

Description of Services

As a Member, you will be provided with a variety of services, as described on the STACK Website (the "Services"). STACK reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at STACK's sole discretion, with or without notice to Members, and with no obligation to Members.

Website Access

A. STACK hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without STACK's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, Member will have to register and create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify STACK immediately of any breach of security or unauthorized use of your account. Although STACK will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of STACK or others due to such unauthorized use.

Intellectual Property Rights

The content on the STACK Website, except all Member Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to STACK, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. STACK reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the STACK Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the STACK Website or the Content therein.

Member Content and Submissions

A. The STACK Website may now or in the future permit the submission of videos or other communications submitted by you and other Members ("Member Submissions") and the hosting, sharing, and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, STACK does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize STACK to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting the Member Submissions to STACK, you hereby grant STACK a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the STACK Website and STACK's (and its successor's) business, including without limitation for promoting and redistributing part or all of the STACK Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the STACK Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a Member Submission from the STACK Website.
C. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant STACK all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage STACK or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person . STACK does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and STACK expressly disclaims any and all liability in connection with Member Submissions. STACK does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and STACK will remove all Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. STACK reserves the right to remove Content and Member Submissions without prior notice. STACK will also terminate a Member's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than once and/or has had a Member Submission removed from the Website more than once. STACK also reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. STACK may remove such Content and Member Submissions and/or terminate a Member's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Member Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
STACK's designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@stackmag.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to STACK through http://www.stack.com/contact-us/. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the STACK Website, you will be exposed to Content and Member Submissions from a variety of sources, and that STACK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and Member Submissions. You further understand and acknowledge that you may be exposed to Content and Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against STACK with respect thereto, and agree to indemnify and hold STACK, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Privacy

STACK has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read at http://www.stack.com/privacy-policy/. Member's use of the STACK Website or the Services signifies acknowledgment of and agreement to STACK's Privacy Policy. Members further acknowledge and agree that STACK may disclose Member's personal 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 Member Acceptance, or to protect the rights, property, or personal safety of STACK, its employees, Members and third parties, and the public, or as otherwise described in the Privacy Policy. You are solely responsible for your interactions with other Members. STACK reserves the right, but has no obligation, to monitor disputes between you and other Members.

Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM STACK, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY STACK FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE STACK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STACK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STACK WEBSITE. STACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STACK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL STACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STACK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT STACK SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless STACK, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the STACK Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the STACK Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the STACK Website is not intended for children under 13.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by STACK without restriction.

General

You agree that: (i) the STACK Website shall be deemed solely based in Ohio; and (ii) the STACK Website shall be deemed a passive website that does not give rise to personal jurisdiction over STACK, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and STACK that arises in whole or in part from the STACK Website shall be decided exclusively by a court of competent jurisdiction located in Cuyahoga County, Ohio. These Terms of Service, together with the Privacy Policy at http://www.stack.com/privacy-policy and any other legal notices published by STACK on the Website, shall constitute the entire agreement between you and STACK concerning the STACK Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and STACK's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND STACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STACK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Updated as of April 15, 2012.

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