1. USE OF THE SITE
You agree not to use the Site:
a. for any unlawful purpose;
b. to upload, post, distribute, email or otherwise transmit or make available any material, data, text or computer file that is (i) defamatory, harassing, threatening, insulting or abusive; (ii) an invasion of privacy or publicity rights; (iii) vulgar, obscene, pornographic or sexually explicit; (iv) bigoted, hateful or racially offensive; or that (v) encourages or advocates illegal activity or discussion of illegal activities with intent to commit them.
c. to upload, post, distribute, email or otherwise transmit or make available any material, data, text, or computer file that (i) you do not have a right to transmit or communicate; (ii) infringes and/or violates any copyright, trademark, patent or other intellectual property right or any other proprietary rights of any party; (iii) infringes any other parties right of privacy or publicity or any confidentiality obligation.
d. to upload, post, distribute, email or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component;
e. to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
f. to interfere with or disrupt (or attempt to interfere with or disrupt) the Site, Service, Software or servers or networks connected to the Website, Service or Software; or
g. to collect or store personal data about other users.
2. USE BY MINORS
3. COPYRIGHT AND TRADEMARK; PROPRIETARY RIGHTS
All contents of the Site are protected under U.S. and international intellectual property laws. The Site and all contents are the property of Claim Stake. © 2010 Claim Stake Productions, LLC. All rights reserved.
Claim Stake and its licensors are the owners of the copyright and all rights of copyright in and to the Site and all content and material contained on the Site. Users may not copy, reproduce, transmit, republish, distribute or download any material contained on the Site without the express prior written permission of Claim Stake.
The Claim Stake name, and all related trademarks, service marks and slogans are owned by Claim Stake or its affiliates. All other trademarks and service marks contained on the Site are trademarks of their respective owners. You may not use any Claim Stake or third party trademarks, service marks or logos without the prior written consent of Claim Stake or the third party trademark owner.
4. USER REGISTRATION
If you elect to register and create an account with Claim Stake, and/or purchase goods from Claim Stake, you warrant that all information you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all fees you incur plus all applicable taxes. Your account and registration is personal to you. Claim Stake may, for any reason, at any time in its sole discretion, terminate your account, username and password.
You are responsible for maintaining the confidentiality of your username and password. You will be solely responsible for the activities of anyone accessing your account, even if the individual is not, in fact authorized by you. If you have reason to believe your username or password has been compromised or used without your authorization, you must promptly notify Claim Stake at email@example.com and immediately login to your account to change your credentials.
5. USER SUBMISSIONS
You are entirely responsible for all text, images, and other Content you upload, transmit or otherwise make available on the Site. You understand that all Content uploaded and/or made available on the Site can be viewed and may be downloaded by third parties with access to the Site. You must have the legal right to display, upload and share your Content with Claim Stake and other users of the Site, including allowing other users to view, download, and use the Content you make available on the Site. You represent and warrant you are the owner of all Content you upload or you have obtained express permission from the owner of such Content to publish the Content on the Site. Under no circumstances will Claim Stake be liable or responsible in any way for any Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use or misuse of any Content uploaded or otherwise made available on the Site.
Further, by submitting Content to the Site you expressly assume any risk associated with third party download or use of your Content Submission. You hereby agree Claim Stake is not liable for any illegal or unauthorized use, misuse, copying or reproduction of your Content by third parties.
6. USER WARRANTY AND REPRESENTATIONS
You represent and warrant you are the author of all Content submitted by you to the Site and that you have all rights and authority to submit and upload the Content to the Site. You represent and warrant that none of the Content you provide or upload to the Site will violate any law or infringe upon or violate the rights of any third party.
7. DISCLAIMER OF WARRANTIES
You understand Claim Stake cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet.
THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. CLAIM STAKE DISCLAIMS ANY WARRANTIES THAT THE SITE OR MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS OR VIRUSES AND DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR MERCHANDISE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT TO OR DOWNLOADED FROM CLAIM STAKE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATED THERETO.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. Claim Stake does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and any software made available on the Site are provided on an "as is, as available" basis. The documents and related graphics published on this Site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Claim Stake and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.
Some links on this Site may let you leave Claim Stake's Site. The linked sites may not be under the control of Claim Stake and Claim Stake is not responsible for the contents of any linked Site not under its control, any linked Site contained in a link Site, or any changes or updates to such sites. Claim Stake provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Claim Stake of the Site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Claim Stake has no control over and accepts no responsibility whatsoever for such materials.
8. LIMITED LIABILITY/DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLAIM STAKE BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF CLAIM STAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLAIM STAKE DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE SITE. YOU AGREE THAT CLAIM STAKE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH ADVERTISERS FOUND ON OR THROUGH THE WEBSITE, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CLAIM STAKE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CLAIM STAKE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Claim Stake, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
You understand and agree that Claim Stake may, in its sole discretion and at any time, terminate your username and password, any account created on the Site, or use of any forum, and discard and remove any Content Submission by you to any forum, for any reason. Claim Stake may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any user's access thereto, for any reason. You understand and agree that Claim Stake may take any one or more of these actions without prior notice to you. Should Claim Stake take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including information submitted for registration on the Site and submitted content. YOU UNDERSTAND AND AGREE THAT CLAIM STAKE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR ACCESS TO ANY FORUM AND/OR THE REMOVAL OF INFORMATION CONCERNING YOUR ACCOUNT.
11. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been made available on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the Site, please provide Claim Stake%u2019s copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.a description of where the material that you claim is infringing is located within the Site;
4.your address, telephone number and e-mail address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claim Stake's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Agent for Notice of Claims
Claim Stake Productions, LLC
P.O. Box 1586
Aspen CO 81612
12. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of laws provisions. Any dispute arising out of or in connection with this Agreement will be resolved by a panel of three arbitrators in accordance with the rules then in effect of the American Arbitration Association and will take place in Denver, Colorado. The decision of the arbitration panel will be final and binding on the parties and may be entered in any court with jurisdiction.
13. WAVIER AND SEVERABILITY
Claim Stake Productions, LLC
P.O. Box 1586
Aspen CO 81612