Terms and Conditions
Last Updated: March 5, 2009
The term "Steepster" or "us" or "we" refers to the owner of the Site, Steepster Inc. The term "you" refers to the user or viewer of our Site.
Limitations of Use
Your license for access and use of the Steepster Site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use. a)You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Steepster. b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, or in connection with any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the Site that are licensed by Steepster are subject to the same restrictions and prohibitions on use.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Links to Third Party Sites
You may delete all or any part of your Submissions at any time using the tools provided by Steepster. The license granted to Steepster, however, shall not terminate Steepster's continued use of your Submissions until you contact us by electronic mail at [email protected] and expressly request that Steepster relinquish its license rights over your Submissions.
You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Steepster all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person.
We respect the intellectual property rights of others. If we receive a proper Notification of Alleged Copyright Infringement as described in the Steepster Copyright Policy, we will remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send an electronic notification of such infringement to our Designated Agent. Please see the "Steepster Copyright Policy":http://steepster.com/copyright for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Steepster has adopted a policy of terminating, in appropriate circumstances and at Steepster's sole and absolute discretion, users who are deemed to be repeat infringers. Steepster may also at its sole and absolute discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of Steepster, does not otherwise have redeeming value to the community. Steepster may allow the uploading of some such content for a fee, at its sole and absolute discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
- Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
- Content that exploits children or minors or that discloses any personal identifying information beyond a first name about persons under the age of 18.
- Content that disseminates personal information about another individual for malevolent or other improper purposes, including without limitation, libel, slander, defamation or harassment.
- Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
- Content promoting or providing instructional information about illegal activities.
- Content depicting cruelty to animals.
- Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as rights of privacy and publicity).
- Content that violates any applicable laws or regulations not specifically referenced herein.
DISCLAIMER OF WARRANTIES
NONE OF STEEPSTER, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS,PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS, INDEPENDENT CONTRACTORS OR OTHER AGENTS (COLLECTIVELY THE "STEEPSTER PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND STEEPSTER PARTIES EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL STEEPSTER PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHERWISE ARISING FROM OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF STEEPSTER PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. STEEPSTER PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT STEEPSTER PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.