StageGold.com Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS SITE
Acceptance of Terms
Iact, LLC (the "Company") provides
access to its web site StageGold.com (the "Site") subject to the terms of service
set forth in this document. By accessing or using this Site, you are agreeing to
comply with and be bound by this Agreement. If you do not agree to these terms,
you should not access or use our Site. These terms of service may be updated by
the Company from time to time without prior notice. Your use of the Site will be
subject to the most current version of the terms of service. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing this web
site for any reason.
This Agreement is void where prohibited by law, and the
right to access the Site is revoked in such jurisdictions.
Description of Service
The Company provides users with access to a variety of online resources for publishing,
viewing, and embedding video and other content (the "Service").
User Conduct and Responsibilities
You agree not to use the Site for illegal purposes or for the transmission of material
that in the sole judgment of the Company is unlawful, harassing, libelous, invasive
of another's privacy, abusive, threatening, harmful, pornographic, sexually explicit,
vulgar, obscene, tortuous, excessively violent or gory, or otherwise offensive or
objectionable.
You agree not to interfere with or disrupt the Site or
servers or networks connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site.
The Company has the right to suspend or terminate your
account and refuse use of the Service, or to remove any content posted by users
of the site for any or no reason whatsoever.
Copyright
The content on the StageGold.com website, except all User Submissions (as defined
below), including organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. StageGold is a trademark the Company. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except as
allowed by the following "Limited Right to Use" section, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from
the Site is permitted for your own non-commercial, personal use and not for commercial
republication, distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be reproduced in
any form or incorporated into any information retrieval system, electronic or mechanical,
other than for your non-commercial, personal use.
It is explicitly understood that the Company permits the
embedding of any User Video (as defined below) on the StageGold.com website with
its video player, using special embed codes provided by StageGold.com, on other
websites for non-commercial purposes.
User Submissions
As a StageGold.com account holder
you may submit video content ("User Videos") and textual content ("User Comments").
User Videos and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, the Company
does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: you own or have the necessary licenses,
rights, consents, and permissions to use and authorize the Company to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in
your User Submissions. However, by submitting User Submissions to StageGold.com,
you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the StageGold.com
Website and the Company's (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the StageGold.com
Website (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the StageGold.com Website a non-exclusive
license to access your User Submissions through the Website, and to use, reproduce,
distribute, display and perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The above licenses granted by you
in User Videos terminate within a commercially reasonable time after you remove
or delete your User Videos from the StageGold.com Service. You understand and agree,
however, that the Company may retain, but not display, distribute, or perform, server
copies of User Submissions that have been removed or deleted. The above licenses
granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree
that you will not 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 StageGold all of the license rights granted
herein.
The Company does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and StageGold expressly disclaims
any and all liability in connection with User Submissions. The Company does not
permit copyright infringing activities and infringement of intellectual property
rights on its Website, and the Company will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on another's
intellectual property rights. StageGold reserves the right to remove Content and
User Submissions without prior notice.
Privacy Policy
See our privacy policy for issues regarding privacy on StageGold.com.
Use of Information
We reserve the
right, and you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner consistent with
our Privacy Policy.
Registration and Password
You are responsible
for maintaining the confidentiality of your information and password. You shall
be responsible for all uses of your registration, whether or not authorized by you.
You agree to immediately notify the Company of any unauthorized use of your registration
or password.
General Practices Regarding Use and Storage
You acknowledge
that the Company may establish general practices and limits concerning use of the
Site, including without limitation the maximum number of days that material posted
by users will be retained by the Site, the maximum number of activities and related
information that can be stored in an account on the Site, the maximum disk space
that will be allotted on the Company's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Site in a given
period of time. You agree that the Company has no responsibility or liability for
the deletion or failure to store any content maintained by the Site. You acknowledge
that the Company reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that the Company reserves the right
to change these general practices and limits at any time, in its sole discretion,
with or without notice.
Modifications to Service
The Company
reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree
that the Company shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Termination
The Company
reserve the right, at its sole discretion, to suspend or deny your access to all
or any portion of the Site with or without notice for any reason. The Company may
also at its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of your
access to the Site may be effected without prior notice, and acknowledge and agree
that the Company may immediately deactivate or delete your account and all related
information and files in your account and bar any further access to such files or
the Site. Further, you agree that the Company shall not be liable to you or any
third-party for any termination of your access to the Site.
Links to other Web Sites
The Site contains
links to other Web sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at your
own risk.
Unsolicited Submissions
We are pleased
to hear from our users and welcome your comments regarding our services. If you
send us comments, suggestions, ideas, articles, materials, notes, drawings, concepts
or other information (collectively, "Submissions"), the Submissions shall be deemed,
and shall remain, our property and we may use, copy, display, distribute, adapt,
transfer or dispose of Submissions in any way and for any purpose as we may, in
our sole discretion, determine appropriate. None of the Submissions shall be subject
to any obligation of confidence on our part, and we shall not be liable for any
use or disclosure of any Submissions.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE STAGEGOLD WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STAGEGOLD, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STAGEGOLD 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 OMISSIONS IN 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 STAGEGOLD WEBSITE. STAGEGOLD
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STAGEGOLD WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STAGEGOLD
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 STAGEGOLD, 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 STAGEGOLD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 STAGEGOLD SHALL NOT BE
LIABLE FOR USER 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.
The Website is controlled and offered by StageGold from
its facilities in the United States of America. StageGold makes no representations
that the StageGold Website is appropriate or available for use in other locations.
Those who access or use the StageGold Website from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless StageGold,
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 StageGold 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 User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the StageGold 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 StageGold Website is not intended for children under
13. If you are under 13 years of age, then please do not use the StageGold Website.
There are lots of other great web sites for you. Talk to your parents about what
sites are appropriate for you.
General Information
These terms of service constitute the entire agreement between you and the Company
and govern your use of the Service. These terms of service and the relationship
between you and the Company shall be governed by the laws of the State of Utah