In consideration of your use of the Site, you represent that you are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or other applicable jurisdiction.
You are responsible for your use of the Site. Strange Far Places is meant to be a safe and welcoming experience for users. As such, Strange Far Places prohibits certain conduct. A list of acceptable conduct is provided below:
You may not, in the use of the Site, violate any law or regulation (including, but not limited to, copyright laws).
You may not post, upload, transmit, or in any way share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
You are solely responsible for your conduct and any data, files, text, image, information, graphics, musical works, works of authorship, applications, photos, profiles, audio and video clips, links or any other materials (collectively, "Content") that you submit, post, and display on the Site, or cause to be submitted, posted, or displayed on the Site.
You may not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Strange Far Places.
You must not crawl, scrape, or otherwise cache any content from the Site.
You may not create or submit unwanted email or comments to any Strange Far Places contributors.
You may not transmit any worms or viruses or any code of a destructive nature on the Site.
You may not act to harm minors in any way.
Violation of any of these agreements or any provision of these Terms may result in immediate termination of your access to the Site. While Strange Far Places prohibits offensive conduct and content on the Site, you understand and agree that Strange Far Places cannot be responsible for the Content posted on the Site by third parties and users, and you use the Site at your own risk.
CHILDREN UNDER 13
The Site is not intended for use by children under the age of 13. You must be aged 13 or over to use the Site. Strange Far Places will require all users to certify that they are at least 13 years of age prior to accessing the Site. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
You represent and warrant that: (i) you own all Content posted by you on the Site, (ii) the posting and use of your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party.
The Site contains Content of Strange Far Places ("Strange Far Places Content"). Strange Far Places Content is protected by copyright, trademark, patent, trade secret and/or other laws, and Strange Far Places owns and retains all rights in the Strange Far Places Content and the Site. In consideration for your agreement to these Terms, Strange Far Places grants you a limited, revocable, non-transferable license to reproduce and display the Strange Far Places Content solely for your personal use in connection with viewing and using the Site in accordance with these Terms.
The Site may contain Content of other Strange Far Places licensors and users. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site.
Strange Far Places reserves the right to modify or terminate the Site for any reason, without notice to you, at any time.
Strange Far Places reserves the right to amend these Terms at any time. If such amendments constitute a material change to the Terms, Strange Far Places will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined in good faith at Strange Far Places's sole, reasonable discretion.
Strange Far Places reserves the right to terminate or refuse access to the Site to anyone for any reason, at any time.
You acknowledge, consent and agree that Strange Far Places may access, preserve and disclose your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
protect the rights, property or personal safety of Strange Far Places, its users and the public
comply with legal process
respond to claims that any Content violates the rights of third parties
respond to your requests for customer service
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws (the "IP").
Except as expressly permitted by applicable law or as authorized by Strange Far Places, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site or the IP, in whole or in part.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
You agree that Strange Far Places and all other Strange Far Places trademarks, trade names, service marks and other Strange Far Places logos and brand features, and product and service names are trademarks and the property of Strange Far Places (the "Strange Far Places Marks"). Without Strange Far Places's prior permission, you agree not to display or use in any manner the Strange Far Places Marks.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
THIRD PARTY CONTENT, SITES, AND SERVICES
Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Strange Far Places, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Strange Far Places shall not be responsible or liable for any loss, damage or injury of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Parentco is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Parentco, its officers, directors, stockholders, employees, agents, affiliates and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify Parentco for notice of claims of copyright or other intellectual property infringement at:
Strange Far Places
200 Main Street #7
Burlington, VT 05401 [email protected]
Please provide Strange Far Places with the following notice:
Identify the material on the Site that you claim is infringing, with enough detail so that it may be located;
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;
A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
Strange Far Places will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You agree to indemnify and hold Strange Far Places, and its affiliates or subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) which any of them may incur directly or in connection with any claim or demand from a third party, that arises out of (i) any breach of any representation or warranty of these Terms by you; (ii) any claims that allege that any Content posted by you violates the intellectual property rights of any third party; or (iii) any intentional misconduct or negligent act or omission by you in connection with or related to your use of the Site.
Strange Far Places will not be liable for a delay in providing access to the Site to the extent that delay is caused by Internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond Strange Far Places's reasonable control.
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, PARENTCO (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Strange Far Places MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Strange Far Places OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Strange Far Places NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
SOLE REMEDY AND LIMITATION OF LIABILITY
Strange Far Places'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SITE AND IN NO EVENT WILL IT EXCEED $50; YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH BY Strange Far Places WILL BE A REFUND IN AN AMOUNT EQUAL TO THE DOLLAR AMOUNT PREVIOUSLY PAID BY YOU TO Strange Far Places FOR ACCESS TO THE SITE. Strange Far Places WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Strange Far Places HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SHOULD MAKE BACKUP COPIES OF ALL IMPORTANT PHOTOGRAPHS AND OTHER MEDIA POSTED TO THE SITE AND NOT RELY ON Strange Far Places AS THE SOLE CUSTODIAN FOR SUCH ITEMS.
Please report any violations of the Terms to [_________________________]