ACCEPTANCE OF TERMS
ST Media Group. ("ST") welcomes you. ST provides ST Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
By accessing and using ST Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular ST owned or operated services, you and ST shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. ST may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF ST SERVICES
ST provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed ("ST Services"). You also understand and agree that ST Services may include advertisements and that these advertisements are necessary for ST to provide the ST Services. You also understand and agree that ST Services may include certain communications from ST, such as service announcements, administrative messages and newsletters, and that these communications are considered part of ST membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current ST Services, including the release of new ST properties, shall be subject to the TOS. You understand and agree that ST Services is provided "AS-IS" and that ST assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the ST Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the ST Services.
You understand that the technical processing and transmission of the ST Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the ST Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving ST Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ST Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ST has the right to suspend or terminate your account and refuse any and all current or future use of ST Services (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the ST Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ST of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ST cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ST, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the ST Services. ST does not control the Content posted via ST Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ST Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ST be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ST Services.
You agree to not use ST Services to:
You acknowledge that ST may or may not pre-screen Content, but that ST and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the ST Services. Without limiting the foregoing, ST and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ST or submitted to ST, including without limitation information in ST Message Boards and in all other parts of the ST Services.
You acknowledge, consent and agree that ST may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of ST, its users and the public.
You understand that ST Services and software embodied within ST Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ST and/or content providers who provide content to ST Services. You may not attempt to override or circumvent any of the usage rules embedded into ST Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on ST Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON ST NETWORK
When you register with ST, you acknowledge that in using ST Services to send electronic communications (including but not limited to email, search queries, sending messages to ST Chat or ST Groups, uploading photos and other Internet activities), you will be causing communications to be sent through ST's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of ST's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of ST Services and transfer, posting and uploading of software, technology, and other technical data via ST Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via ST Services to parties identified on such lists; (b) agree not to use ST Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via ST Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE ST SERVICES
ST does not claim ownership of Content you submit or make available for inclusion on the ST Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the ST Services, you grant ST the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of ST Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on ST Services solely for the purposes of providing and promoting the specific ST Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on ST Services and will terminate at the time you remove or ST removes such Content from the ST Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of ST Services other than ST Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on ST Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on ST Services and will terminate at the time you remove or ST removes such Content from the ST Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of ST Services other than ST Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of ST Services are those areas of the ST network of properties that are intended by ST to be available to the general public. By way of example, publicly accessible areas of ST Services would include ST Message Boards.
CONTRIBUTIONS TO ST
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ST through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ST is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ST shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ST may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ST without any obligation of ST to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ST under any circumstances.
You agree to indemnify and hold ST and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the ST Services, your use of the ST Services, your connection to the ST Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF ST SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, ST Services (including Content, advertisements, Software and your ST ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ST may establish general practices and limits concerning use of the ST Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the ST Services, the maximum number of email messages that may be sent from or received by an account on the ST Services, the maximum size of any email message that may be sent from or received by an account on the ST Services, the maximum disk space that will be allotted on ST's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access ST Services in a given period of time. You agree that ST has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the ST Services. You acknowledge that ST reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ST reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO ST SERVICES
ST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, ST Services (or any part thereof) with or without notice. You agree that ST shall not be liable to you or to any third party for any modification, suspension or discontinuance of ST Services (or any part thereof).
You may terminate your ST account, any associated email address and access to ST Services by submitting such termination request to ST.
You agree that ST may, without prior notice, immediately terminate, limit your access to or suspend your ST account, any associated email address, and access to the ST Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to ST Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the ST Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ST's sole discretion and that ST shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the ST Services.
Termination of your ST account includes any or all of the following: (a) removal of access to all or part of the offerings within the ST Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the ST Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ST Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the ST Services.
ST Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ST is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
ST'S PROPRIETARY RIGHTS
You acknowledge and agree that ST Services and any necessary software used in connection with ST Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through ST Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by ST or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the ST Services, such Content or the Software, in whole or in part.
ST grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the ST Services. You agree not to access ST Services by any means other than through the interface that is provided by ST for use in accessing the ST Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF ST SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. ST SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) ST SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ST SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ST SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ST SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ST SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ST OR THROUGH OR FROM ST SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ST SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ST SERVICE. IMMEDIATELY DISCONTINUE USE OF ST SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ST SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ST SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ST SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ST SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR ST SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from ST Services concerning equipment, companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the buyer beware" is apt. ST Services is provided for informational purposes only, and no Content included in ST Services is intended for trading or investing purposes. ST and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the ST Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
ST may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the ST Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing ST Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed ST Services in an authorized manner.
You agree that all of ST’s trademarks, trade names, service marks and other ST logos and brand features, and product and service names are trademarks and the property of ST Inc. (the "ST Marks"). Without ST's prior permission, you agree not to display or use in any manner the ST Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
ST respects the intellectual property of others, and we ask our users to do the same. ST may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide ST's Copyright Agent the following information:
ST Media Group International Inc.
11262 Cornell Park Dr.
Cincinnati, OH 45242
By phone: (513) 421-2050
By fax: (513) 421-5144
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and ST and governs your use of the ST Services, superseding any prior version of this TOS between you and ST with respect to the ST Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ST services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and ST each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and ST, shall be brought exclusively in the courts located in the county of Hamilton, Ohio or the U.S. District Court for the Southern District of Ohio. You and ST agree to submit to the personal jurisdiction of the courts located within the county of Hamilton, Ohio or the Southern District of Ohio, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of ST to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ST account is non-transferable and any rights to your ST ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ST Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org
Last updated August 21, 2009
Did you enjoy this article? Click here to subscribe to the magazine.