Agreement Between User and staxsy.com Welcome to the Staxsy website (the "Site").
1. USE OF THE SITE
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site's or Staxsy's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. ADDITIONALTERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs ("Additional Terms"), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
If you use this site, your are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Staxsy is not responsible for third party access to your account that results from theft or misappropriation of your account.
Staxsy and its associates reserve the right to refuse or cancel the service, terminate accounts, or remove or edit content in our sole discretion. Staxsy does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.staxsy.com only with permission of a parent or guardian.
4. PRODUCT INFORMATION; LIMITATIONS ON QUANTITIES
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
5. NO UNLAWFUL OR PROHIBITED USE/ INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, videos, button icon, music and page headers as well as the compilation thereof, and any software used on the Site, is the property of Staxsy or its suppliers and protected by copyrights, trademarks and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way to exploit any of the content, in whole or in part, found on the Site. Staxsy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Staxsy and the copyright owner. You agree that you do not acquire any licenses, express or implied, to the intellectual property of Staxsy or our licensors except as expressly authorized by these Terms.
6. SUBMITTED CONTENT
Staxsy does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Staxsy a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Staxsy the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Staxsy will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
7. LIABILITY DISCLAIMER
You assume all responsibility and risk with respect to your use of the Site.
THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND OTHER INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STAXSY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STAXSY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STAXSY AND OR/ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO
You agree to indemnify, defend, and hold harmless Staxsy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Staxsy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Staxsy asserting any available defenses.
9. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL STAXSY, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF STAXSY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF STAXSY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO STAXSY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
10. INTERNATIONAL USE
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. RISK OF LOSS
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
12. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
Staxsy specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Staxsy will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent at the following address:
926 Haddonfield Road
STE E, PMB 127
Cherry Hill, NJ 08002
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
- information reasonably sufficient to permit the service provider to locate the material;information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms and any dispute of any sort that might arise between you and Staxsy or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in Miami, Florida with respect to any legal proceeding that may arise in connection with these Terms and your use of the Site. In addition, you expressly waive any right to a jury trial in any legal proceeding against Staxsy, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms.
Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Staxsy welcomes your questions or comments regarding these Terms please refer to our Contact Us page.
Last Updated: December 1, 2014
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