WEBSITE TERMS OF USE AGREEMENT
This Agreement (“Agreement”) is a contract between you (“You”) and Poltergeist, LLC (hereinafter referred to as “Salty”), the owner and developer of saltyworld.net (“Website”). YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE FOR ANY PURPOSE. By using the Website or engaging in any service or activity relating to the Website (“Related Activities”), You agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS, OR ARE NOT 18 YEARS OF AGE OR OLDER, DO NOT ACCESS, USE OR ENGAGE IN ANY ACTIVITIES WITH THE WEBSITE OR SALTY.
Salty reserves the right to change the terms at any time and without notice to You. The most current version of the Agreement, which supersedes all previous versions, can be reviewed by visiting http://saltyworld.net/terms-of-use. Your continued use of any part of the Website or Related Activities constitutes your acceptance of such changes to this Agreement.
RESPONSIBILITY FOR SOCIAL USE OF WEBSITE: You understand and agree that You are solely responsible for your actions and decisions to interact with and meet other people who You meet online by virtue of the services provided on the Website. You understand that Salty does not perform psychological testing or background checks on the individuals who may use the Website or Related Activities. You understand and agree that You must take all reasonable precautions while interacting with and before meeting others through the service provided by Salty.
ENTERTAINMENT PURPOSES ONLY: Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Salty or the Website. Salty does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
WEBSITE SECURITY: You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited.
DISCLOSURE OF PERSONAL INFORMATION FOR SECURITY OR ENFORCEMENT: If You become involved in any violation of system security or this Agreement, Salty reserves the right to release your information to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Salty reserves the right to investigate suspected violations of this Agreement.
INTELLECTUAL PROPERTY AND CONTENT
NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame the Website without the express prior written permission of an authorized representative of Salty in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. For purposes of these Terms of Use, “framing” refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Furthermore, You agree to cease any unauthorized co-branding or framing immediately upon notice from Company.
NO CONTENT APPROPRIATION: You agree not to, without the express prior written consent of Company: (a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the Site that You do not own, (b) use the Content or any services provided by the Site that You do not own, or (c) provide access to the Content or any service provided by the Site that You do not own.
SUBMISSIONS – YOUR OBLIGATIONS: You represent and warrant that You are the owner of the entirety of the rights in, all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by You (or on your behalf) to Salty through the Website or by email (each, a “Submission”), that You are not under any obligation of confidentiality to any other party with respect to the Submission, and, that You have the full authorization and authority to enter into this Agreement and grant the licenses herein. You further warrant that the information in the Submission does not infringe on or misappropriate the intellectual property or protectable rights of others, including, but not limited to, the rights of publicity and privacy.
SUBMISSIONS: COMPANY RIGHTS AND OBLIGATIONS: Salty has no obligation to pay You for your Submission, and your Submission (and Salty’s evaluation) is not subject to any terms, conditions, understandings, or agreements, express or implied, requiring Salty to publish or otherwise utilize your Submission, or pay You any compensation, fee, or reward. You agree that Salty, by accepting the Submission and/or evaluating the Submission, is not agreeing to cease or forego participating in any present or future research, writing, or commercialization efforts or opportunities, including those similar or identical to information in your Submission.
CONTENT PUBLICATION & USAGE: By submitting You hereby grant to Salty a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, publish, create derivative works of, distribute, perform, and display all content or ideas communicated by You (or on your behalf) to Salty by any means (“Submissions”). You agree that Company will not be bound to treat any Submissions as confidential and that Salty will not incur any liability as a result of any similarities between Submissions and its own or third party content or activities that may appear on the Website or in Salty’s business or public activities. The Website shall have no responsibility for enforcing any rights You may claim in any Submissions or other content. Establishment and/or enforcement of any such rights shall be your responsibility entirely.
CONTENT RESTRICTIONS: You agree that You will not post, send, submit, publish, or transmit in connection with this Website, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) You do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(iii) is vulgar, obscene, pornographic, incendiary, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(ix) impersonates or misrepresents your identity as or connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by Salty;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(xv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that Salty may or may not pre-screen materials uploaded to the Website yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to prescreen, refuse, remove, or delete any Submissions that violate this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
INDEMNITY AND LIMITATIONS OF LIABILITY: You agree to indemnify and hold Salty and Related Parties harmless from any claims brought by third parties arising out of your breach of this Agreement, any claims arising out of any content within or information provided in your Submissions, and any claims arising out of your use of the Website or Related Activities. You agree to further defend, hold harmless and indemnify Salty and Related Parties with respect to any claim You have that other Website users are reproducing or using your Submissions or Content. You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and Attorneys’ fees of Salty and Related Parties in connection therewith. Company will not arbitrate, mediate, or resolve any intellectual property or other disputes between Users or Users and third parties, and has no responsibility for doing the same.
You further agree that Salty, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors (“Salty and Related Parties”) will not be liable for any kind of damages relating to your use of the Website or Related Activities. In no event will the collective liability of Salty and Related Parties exceed the fees paid by You to Salty for the service out of which such liability arose, or, in the case that such limitation is not permitted by the legal jurisdiction then the liability shall be limited to the greatest extent permitted by law.
NO BUSINESS OR AGENCY RELATIONSHIP: You agree that no joint venture, partnership, employment, or agency relationship exists between You and Salty as a result of this Agreement, your Submissions (whether or not utilized by Salty), or Your use of the Website or Related Activities.
PROPRIETARY INFORMATION: All content found on the Website (the “Content”) is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, You agree that You will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that You may print out and/or save one copy of the Content for your personal use only.
DMCA: COPYRIGHT INFRINGEMENT & TAKE DOWN PROCEDURE: Salty respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Salty has implemented procedures for reporting instances of copyright infringement.
If You have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please provide Salty’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Salty that your copyrighted material has been infringed.
Please include the following:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that You claim has been infringed upon;
(iii) A description of where the material that You claim is infringing is located on the Website, including the current Website address;
(iv) Your address, telephone number, and e-mail address;
(v) A statement by You that You have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
(vi) A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Salty’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
Copyright Agent:
Salty
2257 Aaron St
Los Angeles 90026
Phone: 347-837-5037
Email: [email protected]
Please be aware that, pursuant to 17 U.S.C. § 512(f), You may be liable for any damages—including costs and attorneys’ fees incurred by us or our users—if You knowingly materially misrepresent that content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.
ONLINE ORDERS:
Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, You are hereby representing and warranting Your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping Information: It is our responsibility to ship your accepted order to at the address provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
Returns: All sales are final, with the exception of merchandise that arrived damaged (does not include damage sustained only by shipping packaging). Damaged merchandise may be exchanged or returned for a full refund, provided: (i) your return is made within fourteen (14) days of delivery; and (ii) the merchandise is returned in the same condition as originally received by . Once the goods are received by us, we will, at your election (i) refund your purchase price less shipping & handling charges; or, (2) ship an identical replacement for the damaged item. If the item is discontinued or not available to ship, a refund will be issued instead; this refund will include shipping and handling charges if the damaged item was the sole item in the original order. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
HYPERLINKING. The Website may be hyperlinked to and by other websites which are not maintained by, or related to, Salty. Unless expressly indicated, hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with Salty. Salty has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from Salty or on the Website to another web page should be accessed at your own risk. Salty makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Website.
PERSONALLY IDENTIFIABLE INFORMATION. In an effort to preserve your privacy, Salty agrees that it will treat any personally identifying information that You submit to Salty in accordance with the terms outlined in its “Online Privacy Notice,” which is hereby incorporated herein and which can be read at http://saltyworld.net/privacy-policy, and incorporated by reference herein, as well as in conformance with all applicable laws, rules, and regulations.
RIGHT TO TERMINATE ACCESS. Salty reserves the right to monitor use of this Site and Related Activities to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
NO WARRANTIES. Salty provides the Website and Related Services on an “as is” basis and does not make any warranty, express, implied, limited or other with respect to the Website or Related Services provided. Specifically, Salty does not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
JURISDICTION. This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of New York, and hereby consent to the jurisdiction of any such court. You further agree, to the extent permitted by applicable law, to waive any right to trial by jury with respect to any claim, counterclaim or action arising from the terms of this Agreement. You agree that regardless of ay statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such a claim or cause of action arose, or forever be barred.
SEVERABILITY. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
ENTIRE AGREEMENT. This Agreement, including any document or terms incorporated by reference, constitutes your entire Agreement with Salty with respect to any use the Website or Related Activities.
WAIVER. The failure of Website or Salty to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.