Terms of Use
The following describes the terms and conditions (the
"Terms and Conditions") on which We offer you the information (including the
Intellectual Property [as defined below]) and the services and products on Our web
site and related web pages (collectively, the "Services").
We reserves the right to modify, amend, or restate the
Terms and Conditions from time to time with or without prior notice.
Your use of this web site and any Services after the
posting of modifications to these Terms and Conditions will constitute your
acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by
the Terms and Conditions. You further agree to comply with U.S. or other applicable
law regarding the transmission of any information obtained from the Services in
accordance with the Terms and Conditions, not to use the Services for illegal
purposes, and not to interfere or disrupt the networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal purposes or
in any manner inconsistent with the Terms and Conditions. You agree to use the
Services solely for your own noncommercial use and benefit, and not for resale
or other transfer or disposition to, or use by or for the benefit of, any other
person or entity.
You agree to promptly notify Us upon becoming aware of any
unauthorized access or use of the Services by any party or any claim that the Services
infringes upon any copyright, trademark or other contractual, statutory or common
law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT
THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR
OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY
OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE
ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE
IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED
WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY
OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED
THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON
OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND
CONDITIONS.
Intellectual Property
This web site contains material which is derived in whole or
in part from materials supplied by Us and various other sources. This web site, including
but not limited to its text, logos, content, photographs, flash animations, video, audio,
and graphics (the "Intellectual Property"), is protected by copyrights, service marks,
international treaties and/or other proprietary rights and laws of the U.S. and other
countries. The Intellectual Property is also protected as a collective work or compilation
under U.S. copyright and other laws and treaties. All individual articles, columns and
other elements making up the Services are also copyrighted works. You agree to abide by
all applicable copyright and other laws, as well as any additional copyright notices or
restrictions contained in the Services.
If you would like to make copies and/or distribute certain
information, please contact us.
No License Granted
You acquire absolutely no rights or licenses in or to the Services
and materials contained therein other than the limited right to utilize the Services in
accordance with the Terms and Conditions. Should you choose to download content from the
Services, you must do so in accordance with the Terms and Conditions. Such download is
licensed to you by Us only for your own personal, noncommercial use in accordance with
the Terms and Conditions and does not transfer any other rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy, quality, completeness,
currency, or validity of any information on the web site or linked from the web site.
All information contained on this web site has been obtained from sources believed by
Us to be accurate and reliable. The ads, press releases, and newsletters are also provided
by the identified organizations. We do not edit or control the information We receive,
although it may note obvious errors that have been discovered. Due to the possibility of
human and mechanical error, We are not responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual Property
and other proprietary rights of Us of any type under the laws of any governmental authority,
domestic or foreign, including rights in and to all applications and registrations relating
to the Services (the "Intellectual Property Rights") shall, as between you and Us, at all
times be and remain the sole and exclusive property of Us. All present and future rights
in and title to the Services (including the right to exploit the Services and any portions
of the Services over any present or future technology) are reserved to Us for Our exclusive
use. Except as specifically permitted by the Terms and Conditions, you may not copy or make
any use of the Services or any portion thereof.
Liability Disclaimer
The material provided on this web site could include technical
inaccuracies or typographical errors and the web site may be subject to periods of interruption.
We may make changes or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest professional quality
of the Services We offer on Our web site, We cannot be held responsible for any errors,
defects, lost profits, or other consequential damages arising from the use of this web
site. We will not be liable for any damages or injury, including but not limited to,
special or consequential damages that result from any failure of performance, error,
omission, interruption, defect, delay in operation of transmission, or computer virus,
the use of, or the inability to use, the materials in the Services even if there is
negligence by Us or an authorized representative of Us; user has been advised of the
possibility of such damages. The above limitation or exclusion may not apply to you to
the extent that applicable law may not permit the limitation or exclusion of liability
for incidental or consequential damages. Our total liability to you for all losses,
damages, and causes of action (in contract, tort (including without limitation, negligence,
or otherwise) will not exceed the amount you paid to Us to access the Services.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify
and hold Us, Our officers, directors, owners, agents and employees harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Services, the violation of these Terms and Conditions by you, or the
infringement by you, or other user of the Services using your computer, of any Intellectual
Property or other right of any person or entity. We reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you.
Amazon mini Purchase Processing and Revenue Split
As required by Amazon Web Services (AWS), the Amazon mini checkout
and purchase process is completely handled by Amazon on the Amazon.com web site. SiteInSite.biz
has no control or affect over the checkout and purchase process. The general steps for completing
an Amazon mini purchase are as follows:
- Begin the Checkout Process - when a customer clicks a "Proceed to
Checkout" or "Buy Now" button in the Amazon mini, a new browser window opens
a login page on the Amazon.com site. As part of opening the Amazon.com
login page, the current Amazom mini shopping cart contents are sent to
Amazon.com. Once this checkout process is initiated, the remaining checkout
and purchase process is completely controlled by Amazon.com.
- Log Into Amazon.com - to continue the checkout and purchase process,
the customer logs into Amazon.com using an Amazon.com account.
- Complete the Checkout - once the customer logs into Amazon.com, they
complete the checkout and purchase process on Amazon.com using the normal
Amazon.com checkout process.
Once a customer completes a purchase on Amazon.com, the Associates
revenue associated with the sale is added to your Assocites account. All Associates revenue
will be reported and paid directly by Amazon.com as part of their Associates program. For details
of how Amazon.com accounts, reports, and pays for Assocates sales, refer to their Associates site
at
www.Amazon.com/associates/.
As terms for using the SiteInSite.biz Amazon mini service, you agree to
an 80%/20% revenue split that will apply to all purchases processed through your Amazon mini. The
revenue split works as follows:
As described for the checkout process above,
when a customer clicks a "Proceed to Checkout" or "Buy Now" button in the Amazon mini, they are
taken to the Amazon.com site to complete the purchase. Once they open Amazon.com site, the customer is
not required to complete the purchase and there is no way to find details about customers that
did not complete the purchase process (other than the reports that Amazon.con provides as part of their
Assocates program). As a result, clicking on a "Proceed to Checkout" or "Buy Now" button in the
Amazon mini actually represents a potential sale ("Potential Sale") and not an actual sale
("Actual Sale"). Only an "Actual Sale" that is completed on the Amazon.com site will generate
revenue for your Amazon.com Associates account. SiteInSite.biz has control over "Potential Sales"
since they are initiated by clicks in the Amazon mini; however, SiteInSite.biz has no control over
the "Actual Sales" that produce Amazon.com Associates revenue. The number of "Actual Sales" can
never exceed the number of "Potential Sales", and in general the number of "Actual Sales" will be
less than the number of "Potential Sales". Regarding the 80%/20% revenue split, it refers to
"Potential Sales" since that is all SiteInSite.biz can control. To achieve this revenue split,
four out of every five "Potential Sales" (i.e., 80% of "Potential Sales") processed by your Amazon mini will include your Amazon.com
Associate ID and the fifth out of every five "Potential Sales" (i.e., 20% of "Potential Sales") will include our Amazon.com Associate ID.
The precise way to describe the revenue split is that you will receive the Amazon.com Associate
revenue produced by the "Actual Sales" that result from 80% of the "Potential Sales" processed
through your Amazon mini, and SiteInSite.biz will receive the Amazon.com Associate revenue produced
by the "Actual Sales" that result from 20% of the "Potential Sales" processed through your Amazon mini.
User Submissions to the Web Site
The Services may include message systems, bulletin boards and/or chat
rooms which may provide on-line participation by and interaction among users. All remarks,
suggestions, ideas, graphics, or other information communicated to Us through Our Services
will become the property of Us. Without limitation, We will have exclusive ownership of all
present and future existing rights to the User Submission of every kind and nature everywhere.
We will be entitled to use the User Submission for any purpose whatsoever (consistent with the
Privacy Policy then in effect), without compensation to you or any other person sending the
User Submission.
We do not control the postings of messages, information or files to
chat rooms and bulletin boards. Further, We have no obligation to monitor chat rooms or bulletin
boards or any other postings of User Submissions.
All Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for publication on
the pages of the web site are conditioned on your adherence to the following policies:
- You may not restrict or inhibit any other user from using any of the Services.
- You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise
objectionable material of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or international law.
- You may not post or transmit any information, software or other material which violates
or infringes upon the rights of others, including material which is an invasion of privacy
or publicity rights or which is protected by intellectual property rights.
- You may not post or transmit any information, software or other material which contains
a virus or other harmful component.
- You may not post, transmit or in any way exploit any information, software or other material
for commercial purposes, or which contains commercial advertising.
We reserve the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in Our sole discretion are objectionable or in
violation of its Submission policies.
Under no circumstances will We be required to treat any Submission as
confidential (subject to Privacy Policy then in effect), and We will not be liable for any ideas
for its business (including, without limitation, product or service ideas) and will not incur any
liability as a result of any similarities that may appear in future operations.
You acknowledge that you are solely responsible for whatever material you
submit, and you, not Us have full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright. Your communication of a Submission is
in all respects subject to the Terms and Conditions, including without limitation those set forth
in "Indemnification."
Links
The Services display links to other web sites that are not owned or maintained
by Us and which contain information some people may find inappropriate or offensive. We has not reviewed
such web sites and are not responsible for the content thereof. The inclusion of a link to such web site
does not imply endorsement by Us. Viewing of any web site linked to the Services is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify the information or material that
is provided on this web site or linked to this web site. Unless otherwise specifically indicated, We
have no affiliation with any of the organizations mentioned or described on the web site, and We make
no representations or warranties with regard to those organizations. Nor do We endorse or affiliate
itself with any of the organizations that are linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted on this web site and is incorporated herein
by reference. By using this web site, you expressly consent to certain disclosures of your personally
identifiable and other personal information provided to you by Us to third parties, and to use of your
information by Us and third parties, to the extent set forth in Our current Privacy Policy, unless you
otherwise notify Us in accordance with the Privacy Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving notice of claimed
intellectual property infringement. We will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright Act and other
applicable intellectual property laws.
All notices of copyright infringement should be sent to Us.
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner
that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit We to locate the material.
- The address, telephone number, or email address of the complaining party.
- 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.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. We reserves the right to remove and/or disable access from the Service to web
pages of repeat infringers and reserves the right to terminate all account holders and subscribers
who are repeat infringers of intellectual property laws.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy Our Intellectual Property or
any other content contained herein without Our prior written consent. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the proper working of the Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load
on Our infrastructure.
Access Outside the United States
We makes no representation that the materials provided at this web site are
appropriate or available for use in locations outside of the United States, its territories and
possessions. If you use the Services from other locations, you are responsible for compliance with
applicable local laws.
As a courtesy to Our foreign users, We may provide translation buttons for
certain languages, that are designed only to assist in providing the gist of the content of the site.
The translations are computer automated, have not been reviewed by Us, and are provided by a third
party service. Use of the translation buttons fall under the terms and conditions of use of that third
party translation service.
General Disclaimer
We are not responsible for any direct, indirect, incidental, consequential or
any other damages arising out of or in connection with the use of this web site or Services or in
reliance on the information available on the web site. This includes any personal injury, business
interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action
of contract, negligence, or other tortuous action, even if We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the
laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of
law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions
is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity
and enforceability of any remaining provisions.
Our failure to act with respect to a breach by you or others does not waive Our
right to act with respect to subsequent or similar breaches. If We ask a third party to provide Services
through this web site, the provisions of this agreement shall apply to your use of the Services, unless
otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or
indirectly from any causes beyond Our reasonable control.
We may freely assign or update this agreement.