iStickUp Terms and Conditions
Before entering the iStickUp.com site (the “Site”) or using or purchasing any of the iStickUp products or services, you should carefully review these Terms and Conditions (the “Terms”). The Terms constitute an agreement between Ginormous, LLC, a Utah limited liability company, dba iStickUp.com (“we,” “us” or “iStickUp”), and you (“you”), and govern the terms and conditions by which we permit you to use the Site and to purchase or use products or services thereon (collectively, the “Services”). Additionally, individual pages on the Site may set out additional terms and conditions, all of which are hereby incorporated by this reference into the Terms. We may change or update Terms at any time. The most recent version of the Terms will always be posted here, with the date of the most recent update set forth at the bottom of this page. In the event of inconsistencies between the Terms and any information included in materials found other than on the Site (e.g., marketing materials and mailers), the Terms set forth on the Site will control. If you have questions about the Terms, please contact us at firstname.lastname@example.org. By using the Site, you confirm your acceptance of, and agree to be bound by, the Terms. Your use of the Site and Services is conditioned upon and subject to your acceptance of and compliance with the Terms. If you do not agree with the Terms, do not access the Site or use the Services. You should periodically check this page to make sure you understand the most recent version of the Terms.
To purchase a product or service on the Site, you must agree to be bound by the Terms, be 18 years of age or older, have a valid and current email address, and you must submit certain requested information to us, which may include your name, email address, telephone number, mailing address, and credit card or other payment information. You agree to provide us with true, accurate, current and complete information about yourself when such information is requested. If you are placing a mail order, we will ask you to provide a valid credit card number (including expiration date and billing address). To simply use the Site without purchasing a product or service, you must agree to be bound by the Terms.
2. Customer Contact
3. Customer Conduct
We are committed to operating a Site that remains a fun and safe place to use the Services and to purchase the iStickUp products and services. To this end, we require that each user of the Site and the Services agrees not to upload, store, post, submit, or transmit to the Site or otherwise use or seek to use the Site in connection with, Inappropriate Content. Inappropriate Content includes, but is not limited to, any of the following types of content:
a. Content we believe is abusive, deceptive, pornographic, obscene, profane, vulgar, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, “Trojan Horses” and other forms of corruptive code or any other content, which may compromise the Site or the Services.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.
iStickUp, in its sole discretion, has the right to determine whether content is Inappropriate Content, and any content submitted to the Site is subject to examination by iStickUp. You acknowledge that we have the right (but not the obligation) to review and remove any submitted content that is Inappropriate Content, and the right to refuse to provide the Services for any reason, at any time, without notice. Notwithstanding the foregoing, you acknowledge and agree that, when you access the Site or use the Service, you are responsible for any content that you submit. You acknowledge that iStickUp does not guarantee, nor is it responsible for, the quality or appropriateness of your content. In no event shall iStickUp (including its officers, directors, managers, members, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to the processing of or failure to process any content submitted by you to the Site, including (without limitation) errors or omissions in such content, and loss or damages incurred as a result of the use of such content.
5. Resale of Products and Services
Your right to use the Site and the Services is personal to you and is not assignable. You agree not to sell, resell or exploit any part of the Services, use of the Services, or access to the Services. You agree not to use (whether commercially or otherwise), sell, resell, or distribute for sale any product sold to you by iStickUp produced from content submitted by you for which you do not own the rights for such use, sale, resale or distribution.
6. Copyright of User Content; Indemnification
You hereby grant to iStickUp a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content submitted or provided to the Site by you, solely for the purpose of providing the Services. You remain the owner of all content that you submit to the Site. You represent and warrant to iStickUp that you are the owner of the copyright to the content you submit to the Site or that you have been granted all necessary rights and given written permission from the copyright owner to submit such content. We have the right to exclude you from the Site if you use our the Site in a manner that violates the intellectual property rights of third parties. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Site. YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS ISTICKUP AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THIRD-PARTY INFORMATION PROVIDERS, FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY FEES AND COSTS) ARISING FROM YOUR USE OF THE SITE, THE SERVICES, OR ANY ISTICKUP PRODUCT, OR FROM YOUR VIOLATION OF THE TERMS, WHETHER BASED ON A CLAIM OF COPYRIGHT OR TRADEMARK INFRINGEMENT, VIOLATION OF ANY RIGHT OF PRIVACY, UNAUTHORIZED USE OF LIKENESS, OR ON ANY OTHER CLAIM.
7. Copyright of Site Content
All the information, content, image files, software and materials offered on the Site by iStickUp (the “Site Contents”) are the property of iStickUp or are used by iStickUp under license or other grant of rights, and are protected by U.S. and international copyright laws and by other applicable laws. iStickUp does not grant you permission to copy, manipulate, use, display or distribute any of the Site Contents except in connection with your use of the Site as it is intended to be used. You may not copy or distribute any Site Contents without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Site.
8. Participation in Promotions of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers showing their products or services on the Site or in connection with the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. iStickUp assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
9. Limited Warranty
(a) Exclusive Remedy. EACH PRODUCT AND SERVICE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ISTICKUP WARRANTS ONLY THAT REPRODUCED AND/OR ENLARGED PRODUCTS SHALL BE PROVIDED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRODUCT ARE DAMAGED, OR ARE OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, ISTICKUP’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR ISTICKUP TO EITHER (I) REFUND THE PURCHASE PRICE OF SUCH PRODUCT, OR (II) REPRINT THE PRODUCT AT NO EXTRA COST.
(b) Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY DESCRIBED ABOVE, ISTICKUP EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, 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. ISTICKUP MAKES NO WARRANTY THAT (I) THE SITE OR SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (II) THE SITE OR SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (III) THE SERVICES, SITE OR PRODUCTS PROVIDED WILL MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ISTICKUP WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICES OR ANY PRODUCTS PURCHASED THEREON, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OR INABILITY TO USE THE SITE, SERVICES OR PRODUCTS; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) BY THIRD PARTIES; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree and acknowledge that iStickUp, in its sole discretion, may terminate your right to use or access the Site, and remove and discard any of your submitted content at any time, without notice, for any reason, including but not limited to:
a. Violation of these Terms or other guidelines set forth elsewhere on the Site;
b. Conduct that we believe is harmful to other Site users, iStickUp, the business of iStickUp, or other third party providers; and
c. Conduct that violates the letter or spirit of these Terms.
12. Choice of Law
The Terms shall be governed by and construed according to the laws of the State of Utah without regard to its conflicts of law rules. The state and federal courts of Utah shall be the exclusive forum and venue to resolve any dispute arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Utah for purposes of any action concerning such a dispute.
13. Modification of Terms
iStickUp reserves the right to modify the Terms for any reason, at any time, and without notice, including the right to terminate the Site, the Services or any part thereof.
14. General Terms
The Terms constitute the entire agreement between you and iStickUp and govern your use of the Site, superseding any prior agreements between you and iStickUP. The failure of iStickUp to exercise or enforce any right described in the Terms shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect. 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Effective Date
These Terms were last updated on July 10, 2012.