TERMS & CONDITIONS OF USE
Totalspguide.com (the “Website") is owned and operated by Unhinged Jaw Press ("us", "we" or "the Company"). All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, do not use the website.
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and username; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Copyrights, Limited License to Use
The entire content included in the Website, including, but not limited to, any designs, text, graphics, images, video, music, sound or code, and their selection and arrangement (the “Site Content"), is copyrighted under the United States and other copyright laws, and is the exclusive property of the Company or licensors. All rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the Company's prior written permission; provided, however, that the foregoing does not apply to your own User Generated Content (as defined below) that you legally post on the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not change or delete any proprietary notice from materials so displayed, downloaded or printed. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein.
All trademarks, service marks and trade names of the Company or Total Sao Paulo used in the Website are trademarks or registered trademarks of Unhinged Jaw Press. They may not be used without prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Unhinged Jaw Press and/or its licensors.
All orders placed through the Website are subject to Unhinged Jaw Press' acceptance, which is in its sole discretion. Without limitation, this means that Unhinged Jaw Press may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Unhinged Jaw Press shall issue a credit to your credit card account.
Unhinged Jaw Press does not, and you agree that Unhinged Jaw Press has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in or on user reviews/comments, bulletin boards, chat rooms, community pages or other forums that may exist on the Website) (collectively, “User Generated Content"), that Unhinged Jaw Press is not in any manner responsible for User Generated Content, that Unhinged Jaw Press does not guarantee the accuracy, integrity or quality of User Generated Content, and that Unhinged Jaw Press cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Unhinged Jaw Press is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Unhinged Jaw Press or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that Unhinged Jaw Press has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Unhinged Jaw Press reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content to any third party. You agree that Unhinged Jaw Press does not have any obligation to use or respond to any User Generated Content.
The Website is for your personal, non-commercial use only. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
You represent, warrant and agree that no materials of any kind submitted through your User Generated Content will violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website to:
* harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purpose of sending emails or other unsolicited communications;
* use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; * use automated scripts to collect information from or otherwise interact with the Website;
* register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters or pyramid schemes or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
* upload, post, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* use or attempt to use another’s account without Unhinged Jaw Press' prior authorization.
* upload, post, transmit, share, store or otherwise make available any content that, in the sole judgment of Unhinged Jaw Press, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Webite, or which may expose Unhinged Jaw Press or its users to any harm or liability of any type.
Use of User-Generated Content and Other Information
By posting User Content to any part of the Website, you herby grant, and you represent and warrant that you have the right to grant, to Unhinged Jaw Press an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, in any media now known or hereafter created, for any purpose, commercial, promotional, or otherwise.
The Digital Millennium Copyright Act of 1998 (the “DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Unhinged Jaw Press actual knowledge of facts or circumstances from which infringing material or acts are evident. Unhinged Jaw Press' copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Unhinged Jaw Press Legal Department
Email: sweettalk [at] unhingedjawpress.com
We suggest that you consult your legal advisor before filing a notice with Unhinged Jaw Press' copyright agent. You should note that there can be penalties for false claims under the DMCA.
We do not vouch for those persons, companies and other organizations whose goods or services may be accessed or displayed through or on the site.
You agree to indemnify, defend, and hold harmless Unhinged Jaw Press, its officers, directors, employees, agents and representatives, licensors, licensees, successors, and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS MADE AVILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNHINGED JAW PRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNHINGED JAW PRESS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNHINGED JAW PRESS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNHINGED JAW PRESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UNHINGED JAW PRESS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
UNHINGED JAW PRESS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE (OR THE WEBSITE OF ANY AUTHORIZED REPRESENTATIVE OF UNHINGED JAW PRESS) OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF UNHINGED JAW PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this Website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including but not limited to the purchase of Unhinged Jaw Press products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California, and courts with appellate jurisdiction therefrom. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Unhinged Jaw Press products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive electronic communications from BlackBook. You agree that any notice, agreement, disclosure or other communication that Unhinged Jaw Press sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Unhinged Jaw Press' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Unhinged Jaw Press may assign, sublicense or otherwise transfer its rights and duties under these terms and conditions to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the website. Unhinged Jaw Press reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Unhinged Jaw Press without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.