EFFECTIVE DATE: DECEMBER 1, 2015
SquadFusion and any and all entities that control, are controlled by, or are affiliated or under common control with SquadFusion, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.
The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Services, transmit, receive or exchange data or communicate with the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Services, for any purpose whatsoever.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SquadFusion without restriction or notice to you.
In order to use some parts of the Services, we require Users to register with SquadFusion by (a) providing your email address which will be your User ID and (b) selecting a password. You are responsible for the confidentiality of your account information. You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify SquadFusion in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You also agree to: (a) provide true, accurate, current and complete information about yourself as submitted to SquadFusion, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SquadFusion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SquadFusion has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your User ID or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must change your password immediately and notify us of the problem by contacting us at email@example.com. In the event of any dispute between two or more parties as to account ownership, you agree that SquadFusion will be the sole arbiter of such dispute in its sole discretion and that SquadFusion’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
2. OWNERSHIP RIGHTS
All aspects of SquadFusion (pictures, code, videos, blog posts, etc.., which will now be referred to as “Content” from now on) are all owned by SquadFusion, and protected under domestic and international laws. We require users to respect our copyrights and all intellectual property rights. This means that you agree not to copy, distribute, modify, display, perform, publish, license, create derivative works, reproduce, sell any information, software, user information that can be obtained from SquadFusion’s website. You agree to not act in a matter that will damage , disable, or impair SquadFusion’s website or burden other users on the site. Individuals accused of performing acts that violate these rules may be subject to prosecution.
SquadFusion, including without limitation , all content, media and materials, all SquadFusion software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of SquadFusion, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SquadFusion and/or its affiliates, and their Advertisers (as defined in Section Advertising below), licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “SquadFusion” includes “Content” as well.
Content on the Site is provided to you AS IS for your information and personal use only. SquadFusion Services contain Content of Users and other SquadFusion licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of SquadFusion. SquadFusion authorizes you to access Content and grants you the right to use the Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site including notices on any Content you download, transmit, display, print or reproduce from the Site. SquadFusion reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of SquadFusion or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Services, unless you are expressly authorized to do so by SquadFusion. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to SquadFusion servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SquadFusion grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SquadFusion reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. As an express condition of your use of the Services, you warrant to SquadFusion that you will not use the Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. SquadFusion makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Services.
SquadFusion Content is protected by copyright, trademark, patent, trade secret and other laws, and SquadFusion owns and retains all rights to its Content and the Services. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of SquadFusion, including, without limitation, “SquadFusion” and and “SquadFusion.com,” are the intellectual property of, and proprietary to SquadFusion, its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of SquadFusion.
3. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe that any Content (including, without limitation, any posts submitted by Users) violates any of the terms or conditions of this Agreement, please contact us at firstname.lastname@example.org. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). SquadFusion will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
5. CODE OF CONDUCT
Your use of the Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of activity that is illegal or prohibited on or through the Services. SquadFusion reserves the right to investigate and take appropriate legal action against anyone who, in SquadFusion’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity that, in the sole discretion of SquadFusion are itemized below. You shall not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, discriminatory, or abusive;
- appear to impersonate anyone else or promote information that you know is false or misleading;
- promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- affect us adversely or reflect negatively on us, SquadFusion, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using any portion of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
- further or promote any criminal activity or provide instructional information about illegal activities including but not limited to pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;
- infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- cause the Services to be used in a manner inconsistent with any and all applicable laws and regulations;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- solicit personal information from anyone under 18 or use the Services to harm minors in any way;
- result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called “spamming,” “spimming,” “flooding,” and “phishing”;
- be used for commercial or business purposes without prior written consent, including, but not limited to, advertising, marketing, contests, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through the Services. It is also a violation of these rules to use any information obtained from SquadFusion in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, in order to protect our Members from such advertising or solicitation;
- interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including any action (in SquadFusion’s sole discretion) resulting in a disproportionately large load of data, information, or queries on our infrastructure or that of our third-party providers;
- forge any part of header information in any e-mail, newsgroup, or other transmission;
- cover or obscure the advertisements on any Site page via HTML/CSS or any other means;
- use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, SquadFusion grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SquadFusion reserves the right to revoke these exceptions either generally or in specific cases;
- violate any laws, regulations, judicial or governmental order, treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;
- gain unauthorized access to SquadFusion Services, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Services or to access the Site by any means other than the interface provided by SquadFusion;
- impersonate any User, person, or entity, including but not limited to SquadFusion employees;
- modify, disrupt, impair, alter or interfere with the the software for the Site or result in unauthorized access to features, functions, operation or maintenance of the Site or use and enjoyment of SquadFusion by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Services, without the explicit consent of such other person, firm or enterprise to do so.
SquadFusion or other Users may provide links to third-party websites and applications. Their presence does not constitute SquadFusion’s endorsement, nor does it incur any obligation, responsibility, or liability on the part of SquadFusion, its Affiliates, or any of its or their officers, directors, employees, agents, representatives, licensors, suppliers, service providers, successors, and permitted assigns. You are not obligated to use such links. If you use these links, you will leave the Site, and your dealings with third party websites or applications are solely between you and such third party. Linked third party websites and applications are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any such websites and applications. If any third party website or application obtains personal information from you, in no event shall SquadFusion assume or have any responsibility or liability. By using the Site, you expressly relieve SquadFusion from any and all liability arising from your use of third party websites and applications.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, SQUADFUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS ON THE SITE AND THE SERVICES. IN ADDITION, SQUADFUSION MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED AT ANY PARTICULAR TIME. WITHOUT LIMITING THE FOREGOING, SQUADFUSION IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF SQUADFUSION SERVICES OR ANY SITES LINKED TO SQUADFUSION SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING SQUADFUSION SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH SQUADFUSION.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SQUADFUSION, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF SQUADFUSION OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have SquadFusion, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of SquadFusion Services. You further understand and acknowledge the capacity of SquadFusion, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SquadFusion assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of SquadFusion for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
The Site is controlled and offered by SquadFusion from facilities in the United States of America. SquadFusion makes no representations that the Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SquadFusion reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SquadFusion in the defense of any such claim, action, settlement or compromise negotiations, as requested by SquadFusion.
We may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by us on the Site. We will post or display notices of material changes on the Site and we may also email you about these changes. Changes become effective immediately upon posting, and if you use the Services after they become effective it will signify your agreement to be bound by the changes.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF SQUADFUSION OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND SQUADFUSION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.