Terms and Conditions

LAST REVISED: 4/18/19

These Terms and Conditions of use (the “Terms of Use”) apply to Stacksocial Inc and/or all websites, applications, and platforms that are directly owned and operated by StackCommerce, any affiliated publisher websites and sub-domains, and any other affiliated website as may be designated by StackCommerce (collectively, the “Network”). When you access the Network, you agree to be bound by: (i) these Terms and Conditions of Use; (ii) our Privacy policy (located at the hyperlink: https://stacksocial.com/privacy) which identifies how we may use your personal and non-personal information when you access and use our sites; (iii) our Return and Exchange policy which is located at the following hyperlink: https://support.stackcommerce.com; (iv) and other requirements applicable to your access and use of any Site (collectively “Agreement”). In accessing and using any portion of the Network, you also represent that you are of legal age to form such consent and have the authority to bind yourself to this Agreement.

By accessing and/or using the Network, you agree to the Terms of Use; If you do not agree, do not use the site.

StackSocial, Inc. dba StackCommerce (hereinafter “we” “our” or “us”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Network following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Network.

  1. ABOUT THE SITE

    The Site is a platform through which certain vendors (“Vendors”) make available digital or physical Product(s) for purchase. Vendors are the sellers and issuers of the Product(s) and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Certain Product(s) and other available programs and pricing on the Site may change at any time in StackCommerce’s sole discretion, without notice.

  1. REGISTRATION & YOUR ACCOUNT

    To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may use any Site as a guest; however, certain features of the Sites may require you to create an Account. When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Site is accurate and true. You may be required to be logged into the account and have a valid payment method associated with it to use certain features of the Sites.

    You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

    You will only use the Sites for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Sites is prohibited by any applicable laws, then you aren’t authorized to use the Sites. We can’t and won’t be responsible for your using the Sites in a way that breaks the law.

    You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

    You may have multiple accounts on the Sites but StackCommerce strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. StackCommerce will not honor rewards earned from such accounts.

    You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. You may be held liable for losses incurred by StackCommerce or any other user of or visitor to the Site due to someone else using your Account as a result of your failing to keep your account information secure and confidential. We reserve the right, in our sole discretion, to terminate or suspend your Account.

  1. USE OF THE SITE

    As a condition of your use of the Site, you agree that: (a) You have reached the age of majority in the state or province in which you reside; (b) You are able to create a binding legal obligation; (c) You are not barred from receiving products or services under applicable law; (d) You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality; (d) Your use of the Site will at all times comply with these Terms of Use; (e) You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers; (f) You will only make purchases on the Site for your own use and enjoyment or as a gift for another person; (g) You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete; (h) You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and, (i) You will only purchase Product(s) or participate in other available programs through the Site by creating an account on the Site, and any purchases will be subject to the applicable Terms of Sale set forth in these Terms of Use.

    You are prohibited from violating or attempting to violate the security or integrity of our Sites or otherwise violating or infringing our rights or the rights of others who use our Sites and agree not to do the following:

    • use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Site, or in any way reproduce or circumvent the navigational structure or presentation of a Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Site;

    • gain or attempt to gain unauthorized access to any portion or feature of our Site, or any other system or network connected to our Sites or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;

    • probe, scan, or test the vulnerability of any Site or any network connected to our Sites;

    • take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Site or our systems or networks, or any systems or networks connected to our Sites or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;

    • use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Sites;

    • not to make any false or misleading statements in connection with your use of our Sites;

    • use our Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

    • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

    • restrict or inhibit any other user from using and enjoying our Sites; and/or

    • violate any applicable laws or regulations.

  1. ACCESS TO THE SITE

    StackCommerce retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

  1. PRIVACY

    StackCommerce’s Privacy Policy applies to use the Sites, and its terms are made a part of these Terms of Use by this reference. We take the privacy of your personal information seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your voices. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. PURCHASES

    You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through Site. All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com/) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.

  1. RETURNS, CANCELLATIONS, EXCHANGES, AND WARRANTIES

    All returns, cancellations, and exchanges are subject to our return policy located at: https://support.stackcommerce.com. We may partner with third party websites to offer warranties on select products. For additional information on warranties, please find additional information at: https://support.stackcommerce.com.

  1. PRODUCTS AND PRICING

    StackCommerce attempts to be as accurate as possible. However, StackCommerce does not warrant that product descriptions or other content of any StackCommerce Service is accurate, complete, reliable, current, or error-free. If a product offered by StackCommerce itself is not as described, your sole remedy is to return it in unused condition.

    With respect to items sold by StackCommerce, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by StackCommerce is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

    We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

  1. PROMOTIONS

    From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

  1. CREDITS

    Credits may be issued by StackCommerce and/or earned through Rewards Programs. Credits can only be used for purchases online on the websites, applications, and platforms in the Network. Credits can only be used on orders associated with a single account and cannot be transferred to another person or account. Remaining credit balance can be found under the "Credits" tab in your Account or by contacting our Support Team. Credits issued by StackCommerce and/or its Support Team, whether for refunds and/or exchanges, never expire. Credits earned through Rewards Programs may expire and are subject to the Reward Programs terms below.

    StackCommerce reserves the right to change, modify and/or eliminate the terms with regards to Credits at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications.

  1. REWARD PROGRAMS

    Please read these terms and conditions of participation in StackCommerce's Rewards Programs, including but not limited to "Insider Rewards" and the "Refer-A-Friend Program". By participating in any of these programs, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms of use, do not participate in the rewards programs.

    These Terms of Use apply to your access to, and participation in, any of StackCommerce's Rewards Programs ("Reward Programs"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with StackCommerce. StackCommerce reserves the right to change, modify, and/or eliminate the Reward Programs and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to the Reward Programs at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Reward Programs confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should receive these Terms of Use and applicable policies and FAQs frequently.

    1. Membership and Eligibility. The Rewards Programs are offered at the sole discretion of StackCommerce. The Rewards Programs are available to individuals for their personal use only and is limited to one account per individual. Individuals who are at least 18 years or older and who provide and maintain a valid account are eligible to become members. No purchase is necessary to join the Rewards Programs. Employees of StackCommerce and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of Reward Programs.

    1. Earning and Redeeming Rewards. StackCommerce offers 2 Rewards Programs: (1) Insider Rewards and (2) Refer-A-Friend Program. All members with valid accounts are automatically enrolled in the Insider Rewards and Refer-A-Friend Program upon account creation.

      • Under the Insider Rewards program, credits are earned based on the United States dollar(s) spent (as applicable based on the exchange rate of the country of purchase) on products offered on the websites, applications, and platforms in the Network. Credits earned under the Insider Rewards Program are on a per order basis and are not applicable to be combined across multiple orders. To earn credits, orders must meet certain minimum purchase amounts to qualify. Some exclusions apply. Any applicable credits earned from the Insider Rewards program will be automatically applied to your account 30 days from your date of purchase.

      • Under the Refer-A-Friend program, credits are earned for the first purchase made on each new account registered from a Referrer's unique referral link. To be eligible to earn credits, the Referrer must maintain an active consumer account and the Referred Customer must not have an existing account. Credits earned from the Refer-A-Friend Program will be automatically applied to your account once the Referred Customer has made his or her first purchase. Minimum purchase amounts and some exclusions may apply.

    It's our hope that you redeem your credits on a regular basis. All unredeemed credits earned from the Rewards Programs shall expire 90 days from the date of issuance. Credits are based on the pre-tax purchase total amount and/or other applicable fees, such as shipping or delivery fees. If you make a purchase using a coupon, credits are based on the total post coupon application.

    Neither accounts nor rewards or credits may be shared. Only the member paying for the products may accumulate rewards or credits. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. The rewards or credits earned through the Rewards Programs may not be exchanged for cash (unless required by law), are non-transferrable, cannot be sold, returned or exchanged, and you have no property rights in or to the rewards or other Program benefits. Credits earned will be decreased or reserved, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these terms. StackCommerce is not responsible for lost or stolen credits. The sale, barter, transfer, or assignment of any credits offered through the Rewards Programs, other than by us, is expressly prohibited.

  1. ELECTRONIC COMMUNICATIONS

    When you use the Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the Sites or partners on behalf of the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at support@stackcommerce.com with the word “UNSUBSCRIBE” in the subject line.

  1. APP PERMISSIONS

    When you use apps created by StackCommerce, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by StackCommerce by reviewing the Permissions under Settings.

  1. USER CONTENT AND CONDUCT

    The following terms apply to content submitted by users, and users content, on the Site’s Interactive Areas. StackCommerce may make available Interactive Areas such as comments sections, discussion forums, or other interactive features in which you may post or upload user-generated content including but not limited to comments, videos, photos, messages, other materials or items (collectively, “User Content”). By submitting User Content, you represent that you are 13 years of age or older (age limit may vary based on your local jurisdiction) and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, participate on the Site, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and StackCommerce. Employees of Stacksocial, Inc. may not submit User Content without permission from their supervisors. By submitting any User Content or participating on the Site, you agree to abide by the following rules of conduct:

    • You agree not to upload, post or otherwise transmit any User Content that:

    • violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.

    • you know to be false, misleading or inaccurate.

    • contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.

    • contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.

    • violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.

    • advocates violent behavior.

    • poses a reasonable threat to personal or public safety.

    • contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes.

    • is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by StackCommerce, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.

    • does not generally pertain to the designated topic or theme of any Interactive Area.

    • contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    • You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.

    • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.

    • You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by StackCommerce.

    • You agree not to impersonate any person or entity, including, but not limited to, StackCommerce or any StackCommerce employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.

    • You agree not to represent or suggest, directly or indirectly, StackCommerce's endorsement of User Content.

    • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.

    • You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

    • You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

    • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.

    • You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

    • You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

    StackCommerce does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. By using the Site, you assume all associated risks.

    1. Monitoring. StackCommerce shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by StackCommerce and to satisfy any law, regulation or authorized government request. Although StackCommerce has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, StackCommerce reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, StackCommerce may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See StackCommerce Privacy Policy.

      The decision by StackCommerce to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of StackCommerce in connection with or arising from use by you on the Site.

    2. License to User Content. By submitting User Content to the Site, you automatically grant StackCommerce the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to StackCommerce that you have the full legal right, power and authority to grant to StackCommerce the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant StackCommerce the right, but not the obligation, to pursue at law any person or entity that violates your or StackCommerce's rights in the User Content by a breach of these Terms of Use.

  1. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

    StackCommerce is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    • User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    • User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    • Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    • Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of the Product(s).

    • Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    • Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@stackcommerce.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    • MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    • Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

    • Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    • Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    • Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: (a) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (b) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (c) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and (f) Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

  1. OTHER SITES

    This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under StackCommerce’s control, and StackCommerce is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  1. ACCESSIBILITY

    We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site. Please contact us by e-mail at accessibility@stacksocial.com for assistance Site accessibility and with placing an order.

  1. LIMITATIONS OF LIABILITY

    YOUR USE OF OUR SITES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE ANY SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

  1. INDEMNIFICATION

    You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.

  1. TERMINATION

    StackCommerce may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, StackCommerce shall have the right to immediately terminate your Account in the event of any conduct by you which StackCommerce, in its sole discretion, considers to be unacceptable. You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of our Site: 7; 12; 16; 17; 18; and 19.

  1. DISPUTE RESOLUTION

    Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Sites, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Los Angeles, California, and you agree that all disputes will be governed by the laws of the State of California without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Site must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

    YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

    ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

  1. MODIFICATION

    PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.

  1. MINORS

    This Privacy Policy applies to your access and use of our Sites and describes our practices and policies related to the collection, use and storage of information about Service users. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”) and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT AND THE TERMS OF USE ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

    1. Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:

      1. your contact information (i.e. name, email address, telephone number, and address);

      2. a description of the copyrighted work of concern;

      3. a link to the location(s) on the Site of the copyrighted work of concern;

      4. a 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;

      5. a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).

    The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: legal@stacksocial.com.

    1. Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:

      1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

      2. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

      3. Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

      4. Your physical or electronic signature.

    If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.

  1. VOID WHERE PROHIBITED

    StackCommerce administers and operates the Sites from its location in Venice, California, USA; other StackCommerce sites may be administered and operated from various locations outside the United States. Although the Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. StackCommerce reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

  1. VIOLATIONS OF THESE TERMS OF USE

    StackCommerce may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) StackCommerce’s rights or property, or the rights or property of visitors to or users of the Site, including StackCommerce’s customers. StackCommerce reserves the right at all times to disclose any information that StackCommerce deems necessary to comply with any applicable law, regulation, legal process or governmental request. StackCommerce also may disclose your information when StackCommerce determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that StackCommerce may preserve any transmittal or communication by you with StackCommerce through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or StackCommerce determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of StackCommerce, its employees, users of, or visitors to the Site, and the public.

    You agree that StackCommerce may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to StackCommerce, for which monetary damages would be inadequate, and you consent to StackCommerce obtaining any injunctive or equitable relief that StackCommerce deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies StackCommerce may have at law or in equity.

    You agree that StackCommerce may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

    If StackCommerce does take any legal action against you as a result of your violation of these Terms of Use, StackCommerce will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to StackCommerce. You agree that StackCommerce will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

  1. NON-WAIVER

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. SEVERABILITY; HEADINGS

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.

  1. ASSIGNMENT

    We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. FEEDBACK AND INFORMATION

    If you have any questions or concerns, please contact us at the below address. Any feedback you provide shall be deemed to be non-confidential. StackCommerce shall be free to use such information on an unrestricted basis.

    StackSocial, Inc.
    21 Market Street
    Venice, CA 90291
    Telephone: (415) 335-6768
    Mon. - Fri., 9am to 6pm PST
    support@stackcommerce.com

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