SNERDWARE LLC SITE TERMS

LAST UPDATED June 14, 2003

(Version 1.0)

Welcome to Snerdware LLC's Site (the "Site")! Snerdware LLC is referred to as the "Company" or "we" or "us" in these Site Terms. These terms of use ("Site Terms") apply to your access to and use of our Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with us. We make certain disclosures below that you should read. This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or the Company's services (the "Services"), at any time and in our sole discretion. If the Site Terms are changed, we will post the new terms on the Site and change the version number accordingly. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site or the Services following the posting of such changes or modifications will constitute your acceptance of the Site Terms as revised.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF AFTER REVIEWING THESE TERMS OF USE, YOU DO NOT AGREE TO THEM, YOU MAY NOT USE THIS SITE, OR DOWNLOAD ANY MATERIALS AND MAY OBTAIN A REFUND OF ANY MONIES PAID TO COMPANY FOR YOUR USE OF THE SITE

If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions (FAQ) page for a given product. For other questions or comments about the Site or its contents, please contact us via our support page.


Index of Provisions

Incorporated Policies License and Site Access
Copyright Trademarks and Servicemarks
Linking Submissions
Fraudulent Conduct Export Restrictions
Disclaimers Limitation of Liability
Applicable Law and Venue Termination
Severability Children
Security Email Policy

Incorporated Policies or Terms

Privacy Policy. We have adopted a Privacy Policy that you should refer to fully understand how we use and collect information, including personally identifying information, collected from the Site.

Other Policies. You acknowledge and agree to comply with all terms, conditions and policies associated with the Site and various services included on it. Such terms are hereby incorporated by reference.

License and Site Access

Company grants you a limited license to make personal use or internal business use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third-party.

You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information (including without limitation the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Company's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Company name, trademark, or product name without our express written consent.

We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the Company logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright 2003 Snerdware LLC and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal or internal business use, non-commercial, and informational use only; provided, however, that, you may not, without the permission of Company or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials. Screen shot(s) of Microsoft® products are reprinted by permission from Microsoft Corporation.

Trademarks and Service Marks

Company, the Company logo, and the products and services described in this Site, including without limitation, Snerdware" and Serrishare", are either registered trademark or trademarks or service marks of ours and our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission of our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and our names or logos mentioned on this Site are the property of their respective owners. Microsoft® and Outlook® are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Apple®, iCal", OS X" and Mac® are either registered trademarks or trademarks of Apple Computer, Inc. in the United States and/or other countries.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use any Company logo or other proprietary graphic or trademark of Company to link to this Site without our express written permission.

Third-Party Links. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of any site accessible by hyperlink from this Site, or site linking to this Site. The linked site is not under our control and we are not responsible for the content of any linked site or any link contained in a linked Site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving our Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this Site, are non-confidential (subject to Company's Privacy Policy ) and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, in and of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to us, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials that you may have, including the rights of attribution and integrity.

Fraudulent Conduct

You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e. "make money fast" schemes, chain letters, pyramid schemes) or furnish false data on any signup form, contract or online application or registration, and you shall not make fraudulent use of any information obtained through use of the Site.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS.

WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE COMPANY ATTEMPTS TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company takes no responsibility and assume no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter.

Company reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID COMPANY, WHICHEVER IS LESS.

SOME JURISDICTIONS do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, applicable to agreements made and entirely to be performed within the state of Washington, without application of its conflicts of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Site Terms.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Children

Company does not offer products or services for sale to children under age 18. We sell products or services for purchase by adults only. By using this Site, you are representing to us that you are 18 years old or older. Company will not be liable for any damages that may result from misrepresentation of age by a user of this Site.

Security

Violations of Company's or any third party's server, system or network security through the use of the Site are prohibited, and may result in criminal and civil liability. Company may investigate incidents involving such violations. Company may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

  • Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
  • Interception. Unauthorized monitoring of data or traffic on any network, server or system without express authorization of the owner of the system, server or network.
  • Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
  • Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Site such as timing out.
  • Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
  • Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Email Policy

You may not distribute, publish, or send any of the following types of e-mail through the Site:

  • Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
  • Commercial promotions, advertising, solicitations or informational announcements that contain false or misleading information in any form.
  • Harassing e-mail, whether through language, frequency, or size of messages.
  • Chain letters.
  • Malicious email, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
  • E-mails containing a forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use Company's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

Indirect or attempted violations of these Site Terms, and actual or attempted violations by a third party on behalf of any user of the Site, shall be considered violations of the policy by such end user.














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