IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal contract between you (either an individual or a single business entity) and STKR.IT, INC. ("STKR.IT") for the Yearbook Shout product, which includes a web site, mobile applications, computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Yearbook Shout Web Site").
BY INSTALLING, COPYING, OR OTHERWISE USING THE YEARBOOK SHOUT WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE YEARBOOK SHOUT WEB SITE, AND EXIT NOW.
- USE OF CONTENT ON THE YEARBOOK SHOUT WEB SITE
The information, artwork, text, video, audio, or pictures (collectively, "Materials") contained on the Yearbook Shout Web Site are protected by copyright laws. The information, artwork, text, video, audio, or pictures contained in the unique message viewed by your unique code ("Private Materials") may be protected by copyright laws and are the property of the individual creating the content. You may only access and use the Materials and Private Materials for personal purposes. You may not modify or use the Materials for any other purpose without express written consent of STKR.IT. You may not modify or use the Private Materials for any other purpose without express written consent of the originating owner and STKR.IT assumes no liability nor takes any responsibility for such transactions.
You may post Materials and Private Materials on the Yearbook Shout Web Site for personal purposes only. You may only post Materials and Private Materials that you originally created or that you have the right to post, and you must include any copyright notice originally included with the Materials and Private Materials in all copies.
The Materials included on the Yearbook Shout Web Site have been compiled by STKR.IT from a variety of sources, and are subject to change without notice. The Private Materials included on the Yearbook Shout Web Site have been compiled by the individual author and are subject to change or removal without notice. Use of the Yearbook Shout Web Site means that you have read and acknowledge the Community Standards set by STKR.IT. STKR.IT retains the right to remove any content, at any time, without granting a refund to any STKR.IT purchaser or user.
All Materials and Private Materials on the Yearbook Shout Web Site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to: .jpeg, .tiff, .mp3, .mp4, .ra or .rm files) made available for playback through the Yearbook Shout Web Site without STKR.IT's express written approval and that of the originating owner in the case of Private Materials. You should not attempt to "pass-off" any of STKR.IT's content as your own work unless authorized by STKR.IT.
STKR.IT codes are not password protected. Only give your unique STKR.IT code to those you wish to view your uploaded material and messages. Should your unique STKR.IT code become compromised, please notify STKR.IT immediately at email@example.com. However, please be advised that it may take up to 72 hours to respond to such requests.
- YEARBOOK SHOUT WEB SITE LIMITED LICENSE
The Yearbook Shout Web Site and any related services are licensed to you for your personal use only and are subject to the terms of service agreement for Yearbook Shout or any other related agreement between you and STKR.IT or Walsworth Publishing Company, Inc. ("Walsworth").
You may not rent, lease or lend the Yearbook Shout Web Site.
You may not reverse engineer, decompile, or disassemble the Yearbook Shout Web Site, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- SITES LINKED FROM THE YEARBOOK SHOUT WEB SITE
The sites linked from the Yearbook Shout Web site are not under STKR.IT's control, and STKR.IT does not assume any responsibility or liability for any communications or materials available at such linked sites. STKR.IT does not intend links on the Yearbook Shout Web Site to be referrals or endorsements of the linked entities; they are provided for convenience only.
- PRIVACY POLICIES
Your personal information may be collected by and shared with Walsworth and STKR.IT. Your use of the Yearbook Shout Web Site is subject to the privacy policies of Walsworth and STKR.IT with respect to how each company may use your personal information.
Without prejudice to any other rights, STKR.IT may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
STKR.IT may also terminate this Agreement if it stops offering or supporting the Yearbook Shout Website. STKR.IT has no obligation to maintain the Yearbook Shout Web Site, and may discontinue offering or supporting the Yearbook Shout Web Site at any time.
In any such event, you must destroy all copies of the Yearbook Shout Web Site and all of its component parts, and STKR.IT may suspend or deactivate your use of the Yearbook Shout Web Site with or without notice.
- DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
THE SERVICES, MATERIALS, AND OTHER INFORMATION OR DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE THROUGH THE YEARBOOK SHOUT WEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. STKR.IT AND WALSWORTH EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. STKR.IT AND WALSWORTH SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE INFORMATION OR YEARBOOK SHOUT WEB SITE INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND BUSINESS RESULTING FROM THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE YEARBOOK SHOUT WEB SITE OR THE PERFORMANCE OR LACK OF PERFORMANCE OF THE YEARBOOK SHOUT WEB SITE. WITHOUT LIMITING THE FOREGOING, STKR.IT AND WALSWORTH SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR INJURY, WHETHER IN CONTRACT, TORT OR OTHERWISE CAUSED, IN WHOLE OR IN PART BY:
- THEIR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND THEIR CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
- ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
- ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION.
STKR.IT AND WALSWORTH MAKE NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. STKR.IT AND WALSWORTH MAKE NO WARRANTY, REPRESENTATION OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. For purposes of this section, "STKR.IT" and "Walsworth" shall include STKR.IT, Inc., Walsworth Publishing Company, Inc. and their divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
The user must assume the entire risk of using the Yearbook Shout Web Site and Internet. ANY LIABILITY OF STKR.IT OR WALSWORTH FOR A DEFECTIVE COPY OF THE YEARBOOK SHOUT MOBILE APPLICATION WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE YEARBOOK SHOUT MOBILE APPLICATION WITH ANOTHER COPY. IN NO EVENT WILL STKR.IT, WALSWORTH OR THEIR SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A STKR.IT OR WALSWORTH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.
REHABILITATION ACT OF 1973-SECTION 508
STKR.IT, Inc., based upon its interpretation of the Section 508 regulations applicable to audio-visual playback products, reasonably believes that its products may support the features set forth under Section 1194.21 Software Applications and Operating Systems and Section 1194.22 Web-Based Internet Information and Applications categories.
Please contact STKR.IT using the contact information below to determine which features are supported under the Section 508 regulations.
COPYRIGHT, PATENT AND TRADEMARK NOTICES
Copyright (c) 2013, STKR.IT Inc. Walsworth Publishing Company, Inc. and/or their licensors, all rights reserved. STKR.IT is a registered trademark of STKR.IT, Inc. YEARBOOK SHOUT is a trademark of Walsworth Publishing Company, Inc.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
STKR.IT's designated agent for notice of claims of copyright infringement related to STKR.IT, Inc., the Yearbook Shout website and all affiliated web pages (collectively, the "STKR.IT Properties") is as follows:
Designated Agent: Michael Newman
Address: 200 6th St Suite 3D, Brooklyn, NY 11215
Telephone: (718) 360-1810
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of the STKR.IT Properties must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for STKR.IT to promptly locate the work (e.g. title of work, location within the STKR.IT Properties, etc.);
- Information reasonably sufficient to permit STKR.IT to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement requesting that STKR.IT take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- YOU are solely responsible for the content uploaded on the Yearbook Shout Web Site and the decision to upload it to the Yearbook Shout Web Site.
- Content uploaded on the Yearbook Shout Web Site is original to YOU, is in the public domain, or is licensed to YOU by third parties.
- YOU do not intend, and a reasonable person would not conclude, that anything uploaded on the Yearbook Shout Web Site is intended to threaten, harm (physically, mentally, emotionally, or psychologically), harass, intimidate, mislead, otherwise injure others, or exploits an individual through deceptive or unjust treatment.
- Content uploaded to the Yearbook Shout Web Site does not impersonate, or otherwise misrepresent an affiliation, association, or connection with, any person or entity.
- Content uploaded to STKR.IT does not violate the privacy rights of any person or the rights of publicity of any person (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement).
- Content uploaded to the Yearbook Shout Web Site does not disclose confidential information of a third party (for example, the trade secrets of a company).
- Content uploaded to the Yearbook Shout Web Site and the use of the Yearbook Shout Web Site does not encourage or support unlawful activities.
- Content uploaded to the Yearbook Shout Web Site does not depict violence, dead bodies, drug use, animal cruelty, underage smoking or underage use of alcohol, use of weapons, methods for harming people or animals, or methods of destruction (such as the making of explosive devices).
- Even with these Community Standards, we understand that context is everything. What may appear to be prohibited by one of these standards may be appropriate in unique circumstances. As with all content uploaded to the Yearbook Shout Web Site and the use of the Yearbook Shout Web Site, we reserve the right to take the action we think appropriate under the circumstances.
REPORTING INAPPROPRIATE CONTENT
Users of the Yearbook Shout Web Site can notify STKR.IT that they believe content does not comply with these Community Standards, or is otherwise inappropriate, or violates the law. Please contact firstname.lastname@example.org.