These Terms of Service are effective on March 1, 2018.
By accessing or using the The Stackening website, the The Stackening service, or any applications (including mobile applications) made available by The Stackening (together, the "Service"), however accessed, you agree to be bound by these Terms of Service ("Terms of Service"). The Service is owned or controlled by The Stackening ("TS"). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
1. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 years or older.
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. TS prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to TS upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
Within an account it is possible to buy (multiple) Stacks. A Stack represents a fixed position, e.g. position $300, on the public website of the Service. The content of a Stack can only be mainted by the accountholder. An accountholder can sell/transfer the owned Stack(s) to another accountholder. For this transaction a 10 percent administration fee over the original value of the Stack, with a minimum fee of $50, will be applicable. The Service will check and approve the transaction after the total administration fee has been paid to the Service.
3. You agree that you will not solicit, collect or use the login credentials of other TS users.
4. You are responsible for keeping your password secret and secure.
5. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
6. You agree that you are responsible for all data charges you incur through use of the Service.
7. You may not post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
8. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content.
10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TS.
11. You agree not to impersonates any person or entity, including without limitation any employee or representative of TS in connection with your use of the Service.
12. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a "spam") to any TS user.
13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any TS page or application is rendered or displayed in a user's browser or device.
14. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
15. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other terms.
16. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with TS's express consent).
17. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Service.
18. You may terminate your use of the Service at any time. At this moment al your content will be deleted permanently.
19. Violation of these Terms of Service may, in TS's sole discretion, result in termination of your TS account. You understand and agree that TS cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for TS, we can stop providing all or part of the Service to you.
20. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your Content and all other data will no longer be accessible through your account.
21. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
22. We reserve the right, in our sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
23. We reserve the right to refuse access to the Service to anyone for any reason at any time.
24. We reserve the right to force forfeiture of any username/account for any reason.
25. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that TS is not responsible or liable for the conduct of any user. TS reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
26. Although it is TS's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. TS will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
28. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
29. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
30. The Service contains content owned or licensed by TS ("TS Content"). TS Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and TS, TS owns and retains all rights in the TS Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TS Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the TS Content.
31. The name and logo of TS and TS are trademarks of TS, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TS. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks of TS, and may not be copied, imitated or used, in whole or in part, without prior written permission from TS.
32. We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by TS, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, TS encourages you to maintain your own backup of your Content. In other words, TS is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage.
33. You agree that TS is not responsible for, and does not endorse, Content posted within the Service. TS does not have any obligation to prescreen, monitor, edit, or remove any Content or accounts. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.
35. It is TS's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TS does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that TS is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
36. Subject to the terms and conditions of this Terms of Service, TS will use reasonable efforts to store your Content, if any, in connection with your use of the Service if such storage is a feature provided with the Service. You acknowledge and agree that TS shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no TS Parties (defined below) is under any obligation to preserve, provide access to or return to you any Content.
37. You understand and agree that you transmit, display or receive content through the Service at your own discretion and risk and that you will be solely responsible for any damage to your property (including your device and computer system) or loss of data that results from such Content.
38. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. TS does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that TS is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if TS has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the TS Parties harmless for activity related to the Application.