1. Acceptance of Terms
2. Privacy and Other Terms
3. Using our Site
This site may be used only for lawful purposes by buyers and sellers of products and services. While using the site you will not and will not attempt to:
· Violate local, national, or international laws, or regulations having the effect of law, including laws of export control;
· Advertise products that you do not fully own or for which you do not have full and unencumbered rights;
· Advertise a service or product that is prohibited or restricted by applicable law;
· Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
· Post irrelevant content or post content on inappropriate categories;
· Delete or otherwise revise or improperly interfere with any material posted by any other user of this site;
· Post material that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
· Post material that is obscene, defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;
· Post chain letters, “junk mail”, “spam,” or pyramid schemes;
· Impersonate another person;
· Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information;
· Employ any data-mining or data-extraction tools;
· Copy or adapt the HTML code used to generate this site;
· Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this site;
· Use any device, software, or routine to interfere with the proper working of this site or any activity being conducted on this site;
· Harm minors;
· Access data not intended for you or log into a server or account that you are not authorized to access;
· Probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this site;
· Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
· Contact anyone who has asked not to be contacted.
Specified membership benefits, set forth at http://www.sticktrade.com/pay.htm, will be available to individuals (“Members”) upon payment of the corresponding fee. The term of all memberships will be for a minimum for three (3) months but subject to our rights of termination as set forth in Section 6 below. Members will be billed for membership fees automatically each month. After three (3) months, Members may terminate their membership for any reason by providing us with prior notice via email at least fifteen (15) days before the billing date they wish to cancel.
5. Posting Content on Sticktrade
6. Limitations on the Sticktrade Service
Sticktrade may limit its service including with regard to the amount of time that posted material or Posted Content will be retained by Sticktrade, the size or amount of material or Posted Content that may be transmitted through or stored by Sticktrade and the frequency with which you may access this site. Sticktrade has no responsibility or liability for the deletion of material or Posted Content or for the failure to store material or Posted Content maintained by or distributed on the service.
7. Claims of Infringement
Sticktrade respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, Sticktrade will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Sticktrade will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sticktrade’s Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”)
(a) Identify the copyrighted work that you claim has been infringed, or—if multiple works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
(b) Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the site.
(c) Provide your mailing address, telephone number and, if available, email address.
(d) Include both of the following statements in the body of the Notice:
· “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
· “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
(e) Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Sticktrade at:
J. A. Roos
56th Ave NE
While Sticktrade considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright’s fair use doctrine to pay such costs and attorneys’ feels the company agreed to settle the matter at over $100,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
8. No Spamming
THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. STICKTRADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STICKTRADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STICKTRADE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
You will defend, indemnify, and hold harmless Sticktrade, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, arising in connection with: (a) your breach of the terms of this agreement; (b) any alleged violation of any third-party right including without limitation, any copyright, trademark, trade dress, trade secret, or privacy right that arises in connection your posting of any material on the site; and (c) your use and access of the site. Sticktrade will provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our reasonable discretion, in defending any such claim, suit or proceeding.
13. Contract Interpretation
15. General Information