TERMS AND CONDITIONS FOR USE OF THE itsasickness WEBSITE
In these terms and conditions "We/us/our/itsasickness” means itsasickness LLC. “Website” means the website located at www.itsasickness.com (or any subsequent URL which may replace it) and all associated websites and micro sites of itsasickness and "You/your" means you as a user of the Website.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website is Copyright, itsasickness prods. LLC All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision herein, nothing shall limit your rights as under any law where or insofar as such rights cannot be derogated from by contract.
You may send us notices or communicate with us by mail to 195 Chrystie St #908C NYC, NY 10002 USA; by fax to 212-253-5378, by telephone to 212-253-5377 or by email to email@example.com. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which should be retained by you.
RULES FOR THE USE OF itsasickness FORUMS
itsasickness Online Services are not actively monitored, and itsasickness is not responsible for the content of any messages that are posted. Itsasickness has the right, but not the obligation, to monitor any activity and content associated with the Online Services. Itsasickness does not vouch for or warrant the accuracy, completeness, or usefulness of any message. The messages express the views of the author of the message, not the views of itsasickness. itsasickness reserves the right, in its sole discretion, to edit, delete, or refuse to post any message or thread for any reason whatsoever.
Any user who feels that a posted message is objectionable should contact itsasickness by sending an email to firstname.lastname@example.org. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate the same and investigate.
You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).
You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.
You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters unless you have received our prior written permission in advance.
Postings to Online Services become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
itsasickness reserves the right to issue warnings, suspend or terminate the registration of users who refuse to comply with these rules. itsasickness may modify these rules from time to time and such modifications will be effective and binding on you when posted online.
You will remain solely liable for the content of any messages or other information you upload or transmit.
By using itsasickness Online Services, you grant itsasickness the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the content you post to publicly accessible areas of the Website and in any other media, now known or hereafter devised.
itsasickness may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that is suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Recognizing the global reach of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA.
We value our users and respect your privacy. We collect information about usage in an effort to improve your online experience and to communicate with you about our product, services and promotions. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function.
This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain of that information. Amendments to this statement will be posted at this URL and will be effective when posted. You can tell if the policy has changed by checking the last modified date that appears on this policy. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance thereof.
We ask you for certain kinds of personal information to provide the services on our Site. This information includes:
My Account - You have the opportunity to create a personal account with us. This account allows you use the features on our Website and post to our forums. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize us to store your name and email address. Should you elect to do so, you may also include in your "My Account" your birth date, gender. If you choose to include such additional information then you are also authorizing us to store such information until such time you elect to change or delete it. Each of these options is for your convenience only. The information is not used for any other purpose. If you ever use a public computer to visit the "My Account" section of our Website we strongly encourage you to log out at the conclusion of your session. By doing so, although your information will still be stored with us, it will not be accessible to anyone else from that computer.
We do not share, sell or trade with third parties any of your personal information we gather, such as email addresses, telephone numbers, or other specific details about you, except with your consent or as described herein. We do not contribute to or participate in cooperative databases, which give other companies access to such personal information.
We may provide access to personal information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of other users or visitors of this Website or the public.
We may also disclose information to outside companies that help us bring you services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone and (g) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.
We also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on our website. Pixel tags help us analyze our users’ online behavior and measure the effectiveness of our website. We work with service providers that help us track, collect, and analyze this information. Pixel tags on our web site may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.
We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our Website and your interaction with our communications.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.
We go to great lengths to keep your personal information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
While visiting our Website, you may link to websites operated by our business partners or other third parties. This does not mean that we endorse these websites. We do not make any representations or warranties about any website you may access through our Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: itsasickness LLC, 195 Chrystie St #908C NYC, NY 10002 USA, Attn: Customer Service or by email to email@example.com. Please allow 30 days for a response.
We do not want you to send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name or personal informatin unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied or used on our Website in a manner that constitutes copyright infringement, you may notify us at:
itsasickness LLC, 195 Chrystie St #908C NYC, NY 10002 USA, firstname.lastname@example.org, Attn: Infringement Notice
In order for us to more effectively assist you, the notification must include ALL of the following:
A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
a description of the copyrighted work you claim has been infringed;
information reasonably sufficient to locate the material in question on the Website;
your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.