We reserve the right at any time to change all or any part of these Terms and the Service, including any content or feature of the Service or any fee. Your continued use of the Service after such change constitutes acceptance of the change.
1. Account Management
You agree to (i) provide accurate, current and complete information about yourself, (ii) provide a current email address, which will be used by CMS to communicate with you, and (ii) maintain and update your information to keep it accurate, current and complete. We reserve the right to terminate your access to and use of the Service if we discover that any information provided by you is untrue, inaccurate, not current or incomplete. As part of the account set-up process, you will be provided a username and password. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your access to the Service to any third party. You are responsible for any and all activities (including purchases) that are conducted through your account.
2. Your Use of the Service
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), as made available by us, for your own personal, non-commercial, home purposes. The Service, including all such materials and all intellectual property rights therein, remain the property of CMS or its licensors or suppliers. You may not use, reproduce, distribute, modify, transmit, display or create derivative works of any portion of the Service without the prior written consent of CMS. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved. Your use of the Service is conditioned in part on your compliance with the rules set forth in this section. Any failure to comply may result in termination of your access to the Service. While using the Service, you agree not to:
- Violate the rights of others, including without limitation others’ privacy rights;
- Restrict or inhibit any other user of the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us;
- Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or which infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Engage in spamming or flooding;
- Access or use another user’s account or content without permission;© 2012
- Knowingly transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
- Harvest or collect information about users of the Service without their express consent.
3. Your Submissions
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to all information, data, photographs, and other materials which you post or upload to the CMS site (“Submissions”), and (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. Any template or layout in which you arrange or organize Submissions through tools and features made available through CMS are not proprietary to you, and can be used by CMS and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and the same are the sole and exclusive property of CMS.
No Submissions will be subject to any obligation of confidentiality, attribution or otherwise on our part, and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions; (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; in order to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Through the Service, we gather information about you and others you identify in your Submissions on an individual level (“Personal Information”) along with demographics, IP addresses and other information that does not reveal a person’s specific identity (“Non-Personal Information”). We may use Non-Personal Information for any purpose. However, if we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information. We may use Personal Information in the following ways:
- To fulfill the purpose for which such Personal Information was provided.
- To send you Service announcement updates, including new features, products and promotions. We may also send you information on carefully screened third parties whose products or services may be of interest to you.
- To improve user satisfaction with CMS products and services.
- For our internal business purposes, such as data analysis, audits and so forth.
In addition, CMS may disclose Personal Information in the following situations, even though you might have requested that we don’t share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce the Terms; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of you or others; and (g) to permit us to pursue available remedies or limit any damages that we may sustain. CMS seeks to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. However, no data transmission over the Internet or data storage system can be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Service. We use servers owned and operated by third parties to store the information provided through the Service, and we do not control those third party servers. You acknowledge and agree that any information you transmit through the Service or upload in connection with the Service is transmitted or stored at your own risk.
To purchase the Service, we will ask you to supply certain information, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED FOR THE SERVICE. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
6. Copyright; Trademarks
The Service is a copyrighted work owned by CatchMyStory.com. You agree not to make any copy of the Service or any materials that are part of the Service or otherwise infringe this copyright in any respect. All trademarks and service marks owned by us relating to the Service are our property, and any trademark or service mark that is used, but not owned by us, is the property of its respective owner. Such trademarks and service marks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without our express prior written consent.
7. Term and Termination
We may, in our sole discretion, immediately terminate your access to and use of the Service, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon such termination, your access to and/or use of the Service will immediately cease without prior notice, and we may immediately deactivate or delete your password and user name, and all related information and files (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Except for the license to access and use the Service granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.
8. Third-Party Websites, Software and Services
The Service may direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges.
You agree to indemnify, defend and hold us, our affiliates, directors, officers, employees, or agents, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Submissions; and/or (c) your activities in connection with the Service (including, without limitation, any and all purchases).
10. Disclaimer of Warranties
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CMS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CMS NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR AGENTS, ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM LIABILITY OF CMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL BE $100.
12. Jurisdictional Issues
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Forsyth, North Carolina, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.