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STUFFBUFF TERMS OF SERVICE
Last revised: December 2 2010
Welcome to the StuffBuff Service. The StuffBuff Service will, among other things, allows you to do the following:
(a) If you publish a web site or blog or post content on another interactive service (each, an "Interactive Property"), you can use the StuffBuff Service to include functionality that will allow your users to purchase goods and services offered by various Vendors. When you use the StuffBuff Service in this manner we refer to you as a "Publisher" for purposes of these Terms of Service.
(b) If you have goods or services to sell, you may use the StuffBuff Service to sell those goods and services through functionality included in various Publishers’ Interactive Properties. When you use theStuffBuff Service in this manner we refer to you as a "Vendor" for purposes of these Terms of Service.
(c) If you visit a Publisher's Interactive Properties, you can use the StuffBuff Service to purchase a Vendor's goods and services on that Interactive Property. When you use the StuffBuff Service in this manner, we refer to you as a "Buyer" for purposes of these Terms of Service.
StuffBuff reserves the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Service at any time without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes on the Service. You agree to review these Terms of Service from time to time and agree that any subsequent access or use by you of the Service following changes to these Terms of Service shall constitute your acceptance of all such changes.
2. Eligibility and Registration.
You must be 13 or over to use the Service. In addition, you must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to act conduct any business on the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may not use the Service without the consent of your parent or legal guardian. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may not use the Service as a Publisher, Vendor or Purchaser unless your parent or legal guardian authorizes and performs the actual transaction for you. Access to the Service is void where prohibited by applicable law, and the right to access and use the Service is revoked in such jurisdictions. You will be required to register with StuffBuff in order to use certain functions. When completing the registration form, you are required to provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is not true, inaccurate, or incomplete, or if StuffBuff has reasonable grounds to suspect that the information is false, inaccurate, misleading or incomplete, StuffBuff has the right to suspend or terminate your membership and access to the Service. As part of the registration form, you will be asked to provide your name, a valid email address that you own and use and to select a password (your "User ID"). In addition, depending upon how you use the Service, you may need to provide a valid credit card or other payment method. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (b) use as a User ID a name subject to any rights of a person or entity other than yourself without appropriate authorization; (c) use a User ID that StuffBuff, in its sole discretion, deems offensive; or (d) enter any false credit card or other payment information or any information for a credit card or other payment mechanism that is not yours. StuffBuff reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and credit card and are fully responsible for all activities that occur under your User ID, password and credit card, including use by any third party authorized by you. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account. Your User ID shall be for your personal use only. You agree to: (y) immediately notify StuffBuff of any unauthorized use of your User ID, password or credit card (or any known or suspected breach of security, including loss, theft, or unauthorized disclosure), and (z) ensure that you exit from your account at the end of each session.
3. Prohibited Activities.
Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of your access to the Service. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
4. Third Party Products, Services and Content.
You acknowledge that the Service may allow you to access links, descriptions and other material (collectively, the "Third Party Content") of Publishers, Vendors or other third-party content and/or service providers (collectively, "Third Parties"). In addition, you may purchase products and services from a Vendor via the Service. Publishers, Vendors and/or other Third Parties may require you to register, provide information about yourself and/or open an account prior to being able to utilize the content or services available, or to purchase the products or services they offer. Such information may include personally identifiable information. There may also be separate terms, conditions of use and policies associated with such Third Parties and you should carefully review such terms, conditions and policies. Your use of any Third Party Content, or purchase of products from a Vendor, is subject to the conditions, if any, that each of those Third Parties have posted. You agree that all purchases of products and services made via the Service are subject to the terms, conditions and policies of the Vendor from whom the products and services being purchased, and that you will have read and agreed to all of those terms, conditions and policies prior to making any purchase. You acknowledge and agree that StuffBuff is not responsible or liable for: (a) the availability or accuracy of any Third Party Content; or (b) any products or services purchased from a Vendor through the Service. The inclusion of any Third Party Content or Vendor on the Service does not imply that StuffBuff endorses such Third Party Content and/or the products or services sold by such Vendor. Your use of Third Party Content and/or purchase of products or services from a Vendor is at your sole risk and expense. If you enter into correspondence with, purchase stuff from, or participate in promotions of Vendors or other Third Parties, any such activity, and any terms, conditions, warranties or representations associated with such activity, is at your own risk. StuffBuff does not control or monitor the quality, accuracy or availability of any Third Party Content you may access, or products or services that you may purchase, through the Service, the terms and conditions on which such Third Party Content, products and/or services are offered or purchased, or the Third Party's compliance with an agreement that it may enter into with you. StuffBuff shall have no liability, obligation or responsibility for: (i) any correspondence, purchase or promotion between you and any other Third Party; or (ii) the quality, accuracy or availability of Third Party Content or any products or services purchased via the Service.
5. Content on the Service.
The Service includes a combination of content that StuffBuff creates, that our partners create, that other third parties create, and that you and our other users create. All content published, displayed, cached or made available through the Service, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation ("Content"), are protected by copyrights and may be protected by other intellectual property rights such as trademarks. Content may include stock images, descriptions and product specifications that a Vendor may use for informational purposes to describe its products and services, provided that the Vendor (and not StuffBuff) is solely responsible for ensuring that all such information is accurate and does not include misleading information. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content made available through the Service in whole or in part unless expressly permitted by the content owner.
You may be exposed to Content that you find offensive, indecent, or objectionable. StuffBuff: (a) does not control the Content posted by Vendors, Publishers, Purchasers or other third parties; (b) assumes no responsibility for monitoring the Service for inappropriate Content; and (c) does not guarantee the accuracy, reliability, integrity or quality of any Content. Under no circumstances will StuffBuff be liable in any way for any Content, including any inaccuracies, errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content or any products or services purchased via the Service, including any reliance on the content, integrity, and accuracy of such Content, products or services. StuffBuff reserves the right, but not the obligation, to remove any Content, or prohibit the sale of any products or services, that may, in our sole discretion, violate these Terms of Service or that is otherwise objectionable.
6. Content You Submit.
Subject to your compliance with these Terms of Service, you may submit text, files, images, photos, video, sounds, musical works, works of authorship, or any other material for cataloging and display on the Service in any manner the Service allows. All content so designated by you and contained within or provided by you in association with such content, including but not limited to all closed captioning, and metadata, is referred to collectively as "Your Stuff." StuffBuff shall have no obligation whatsoever to return any materials you submit. You agree that Your Stuff is not confidential and StuffBuff shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any of Your Stuff.
StuffBuff does not claim any ownership rights in Your Stuff. After submitting Your Stuff to the Service, you continue to retain all ownership rights in such content, and you continue to have the right to use Your Stuff in any way you choose.
By uploading, sending or otherwise making available Your Stuff to StuffBuff, you are directing and authorizing StuffBuff to, and are granting StuffBuff a royalty-free, fully paid-up, non-exclusive, perpetual, sublicensable right and license to use, host, cache, route, tag, encode, transmit, store, copy, modify, create derivative works, distribute, publicly perform, publicly display, reformat, excerpt, analyze and adapt Your Stuff in order to: (a) host Your Stuff on StuffBuff's servers; (b) index Your Stuff; and (c) display, perform and distribute Your Stuff, in whole or in part, in connection with the Service and StuffBuff products and services now existing or hereafter developed, including without limitation for syndication on third party sites, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. This license gives StuffBuff the right to display Your Stuff in any media now or hereafter invented, including (without limitation) via streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies, and to display limited excerpts of Your Stuff for no fee to users of the Service. Notwithstanding the foregoing, StuffBuff is not required to host, index, or display any of Your Stuff uploaded or otherwise provided to StuffBuff, and may remove or refuse to host, index or display any of Your Stuff. StuffBuff is not responsible for any loss, theft, intellectual property infringement or damage of any kind to Your Stuff.
By uploading or otherwise providing Your Stuff to StuffBuff, you represent and warrant to StuffBuff the following: (a) you are at least 18 years of age if you are a natural person; (b) all of the information comprising Your Stuff is correct and current; (c) Your Stuff isn't, in whole or in part, pornographic or obscene; (d) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Stuff; (e) you have the legal right and authority to perform the acts required of you under these Terms of Service, and to grant the rights and licenses described herein. You further represent and warrant that: (y) Your Stuff and the rights and licenses granted to StuffBuff under these Terms of Service and StuffBuff's authorized use of Your Stuff (including the public display, public performance, distribution and reproduction of Your Stuff) do not and will not: (i) violate any applicable law, statute, ordinance or regulation; and (ii) breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories; and (z) Your Stuff does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation. The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Service. StuffBuff reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication/content from the Service and terminating the membership of such violators or blocking the use of the Service. Your Stuff may not include content that: (a) is false, misleading or is in any manner misrepresentative; (b) is patently offensive to users of the Service, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) harasses or advocates harassment of another person; (d) involves the transmission of unsolicited mass mailing or "spamming"; (e) is unlawful or promotes illegal activities or conduct that is abusive; (f) violates the copyright, trademark or any other proprietary right of any third party; (g) falsely expresses or implies that such content or material is sponsored or endorsed by StuffBuff or that otherwise falsely misrepresents the origin of the content; (h) is threatening, obscene, defamatory or libelous or violates the right of privacy or the right of publicity of any person; (i) is pornographic or sexually explicit in nature; or (j) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18. You understand and agree that StuffBuff may (but has not obligation to) review and delete any of Your Stuff that in the sole judgment of StuffBuff violates these Terms of Service or that might be offensive, illegal, or inappropriate or that might violate the rights of, harm, or threaten the safety of other users or members of the StuffBuffService and/or other website users.
7. Transacting Business on the Service.
If you are using the Service as a Publisher, we will pay you the applicable fees (less applicable deductions) for transactions that occur when one of your users purchases products via the Service after having accessed the Service directly from one of your Interactive Properties. To see details of our current fees and deductions for Publishers please clink on the following link (as the same may be amended from time to time, the "Publisher Payment Policies")-. We reserve the right to change such fees and deductions at any time by publishing the changes thereto on the appropriate page on the Service. We will pay these fees to you via PayPal on a monthly basis, provided that we will not make any payments for amounts that are below the minimum payment thresholds set forth in the Publisher Payment Policies.
You are responsible for reporting your earnings and filing your own payments for any sums you have earned from the sale of Your Stuff through the Service. Payments you receive from the sale of Your Stuff through the Service will not be reported by StuffBuff to the IRS on Form 1099.
8. Requests for Removal of Content.
We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any Third Party Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at StuffBuff Inc., 904 Green Pl, Woodmere NY 11598 or by email to info@StuffBuff.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512 ). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
9. Your Conduct.
You agree to follow all applicable laws and regulations when using the Service. Without limiting the foregoing, you agree that you will not use the Service to take any of the following actions: (a) defame, abuse, harass (or advocate harassment of), stalk, threaten, or otherwise violate the legal right of others; (b) publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment; (d) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (e) Transmit surveys, contests, pyramid schemes, spam, junk mail, unsolicited mass mailings, advertising or promotional materials, or chain letters; (f) download any file that you know or reasonably should know cannot be legally obtained in such manner; (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (h) restrict or inhibit any other user from using and enjoying our Service; (i) collect or store passwords or personal information about other users or solicits passwords or personal information from other users; (j) interfere with or disrupt our sites, servers, or networks; (k) impersonate any person or entity, including, but not limited to, a StuffBuff representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Service or to manipulate your presence on our Service; (m) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (n) engage in any illegal activities; (o) violate the terms and conditions or policies, if any, under which a content provider makes its content available; (p) Transmit content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (q) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (r) include a photograph of another person that you have posted without that person's consent; (r) modify, adapt, translate, or reverse engineer any portion of the Service; (t) create user accounts by automated means or under false or fraudulent pretenses; (u) attempt to contact another user of the Service outside of the Service's messaging feature without the other user's prior consent; or (v) use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.
If you use the Service to purchase or sell products or services, you agree that StuffBuff is not the agent of, and has no authority for, either the Purchaser or the Vendor for any purpose. In addition, you agree that you will not: (i) fail to deliver your products and services to Purchasers who have paid you for them via the Service; (ii) fail to pay for products or services that you have purchased from a Vendor via the Service; and/or (iii) otherwise violate any of the terms of such purchase or sale.
You are responsible for paying all fees and charges associated with the Service in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide StuffBuff with a valid credit card as a condition to using any features of the Service that require payment.StuffBuff reserves the right to modify its fees and charges and to introduce new charges at any time. In addition to any other rights granted to StuffBuff herein, StuffBuff reserves the right to suspend or terminate your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
11. Disclaimer of Warranties.
StuffBuff disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of Content, information or material displayed, cached or otherwise accessible from the Service, or any products or services purchased via the Service. StuffBuff disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. While StuffBuff endeavors to provide a sterile server environment, StuffBuff makes no claim that the Service will be error free, or that the Service or the servers that operate it are or will be free of viruses or other harmful components. StuffBuff recommends that you keep backup copies of Your Stuff. StuffBuff is not responsible for any problems or technical malfunction of any network, computer equipment, software, or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading or accessing any information or material on the Internet through or in connection with the Service. Under no circumstances shall StuffBuff be responsible for any loss or damage, including personal injury or death, resulting from accessing the Service, from any Content, from any products or services purchased via the Service, or from your conduct or the conduct of other users of the StuffBuff Service, whether online or offline.
THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN, OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. StuffBuff AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.StuffBuff AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY: (V) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (W) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (X) ON THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TIMELY, ACCURATE OR RELIABLE; (Y) REGARDING THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIAL, PRODUCTS OR SERVICES THAT YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (Z) THAT ANY ERRORS WILL BE CORRECTED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL StuffBuff OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY USER FROM THE USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF StuffBuff OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON THE SERVICE, FROM INABILITY TO ACCESS OR USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INFORMATION OR ADVICE, OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON OR THROUGH THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, GOODWILL, LOST DATA OR OTHER INTANGIBLE LOSSES. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall StuffBuff or its licensors, partners, affiliates or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
13. Our Rights.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice to: (a) restrict, suspend, or terminate your access to all or any part of the Service; (b) change, suspend, or discontinue all or any part of the Service; (c) refuse, edit, move, or remove any content, or other material that is available on the Service; (d) modify, add or remove any terms or conditions of these Terms of Service; (e) establish general practices and limits concerning access and use of the Service. You agree that we will not be liable to you or any third party for taking any of these actions.
You have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with StuffBuff. This includes, but is not limited to, any dispute related to or arising out of: (a) any of the provisions of these Terms of Service, the Service or StuffBuff's enforcement or application of the provisions of these Terms of Service; (b) the Content, products or services available through the Service; (c) your ability to access and use the Service; or (d) use of any products or services purchased via the Service. StuffBuff, in its sole discretion, may terminate your account and remove and discard any of Your Stuff without notice ifStuffBuff believes that you have violated or acted inconsistently with any of the provisions of these Terms of Service. StuffBuff will not be liable to you for termination of your account or access to the Service.StuffBuff may at any time, and in its sole discretion, and without liability, terminate the Service or any product, service or feature offered in or by the Service.
15. Indemnification and Release.
You hereby agree to indemnify, defend and hold StuffBuff and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "StuffBuff Parties") harmless from and against any and all liability, losses, costs, expenses and damages (including attorneys' fees) incurred by any StuffBuff Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: (a) your access or use of the Service; (b) any use or alleged use of your user ID by any person, whether or not authorized by you; (c) the content, the quality, or the performance of Your Stuff; (d) your connection to the Service; (e) your violation of these Terms of Service; (f) your breach of third party terms, conditions of use or policies associated with the Links; (g) your offer to sell, the sale of, or the purchase of any product or service through the Service; and (h) your violation of any law or the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on StuffBuff or affects StuffBuff's rights in connection therewith without the advance written approval of StuffBuff.
If you have a dispute with another user, you release the StuffBuff Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Â§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Except for Your Stuff, and the Content submitted by other members or users, the StuffBuff Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by StuffBuff and/or its suppliers and licensors ("StuffBuff Property"). You acknowledge that the StuffBuff Property and any underlying technology or software used in connection with the Service contain StuffBuff's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the StuffBuff Property in whole or in part except as expressly provided in these Terms of Service. Except as expressly and unambiguously provided in these Terms of Service, there are no implied licenses.
17. Miscellaneous Provisions.
These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Nassau and Suffolk counties. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. 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 the Service or of these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
StuffBuff may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Service. You authorize StuffBuff to send notices via email as well if StuffBuff decides, in its sole discretion, to do so. You agree to check the Service for notices, and that You will be considered to have received a notice when it is made available to you by posting on the Service.
References to affiliates, partners, or other terms used to describe the relationship between StuffBuff and certain third parties are for convenience only, used to reflect that there is cooperation between StuffBuff and such third parties, and do not describe, or expressly or impliedly create, a legal affiliation or partnership, or any responsibility of StuffBuff for the actions of such third parties.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind StuffBuff in any respect whatsoever.
In accordance with California Civil Code Â§1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Please contact us at: info@StuffBuff.com with any questions regarding these Terms of Service.