Acceptance of Terms
Iact, LLC (the "Company") provides
access to its web site StageGold.com (the "Site") subject to the terms of service
set forth in this document. By accessing or using this Site, you are agreeing to
comply with and be bound by this Agreement. If you do not agree to these terms,
you should not access or use our Site. These terms of service may be updated by
the Company from time to time without prior notice. Your use of the Site will be
subject to the most current version of the terms of service. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing this web
site for any reason.
This Agreement is void where prohibited by law, and the
right to access the Site is revoked in such jurisdictions.
Description of Service
The Company provides users with access to a variety of online resources for publishing,
viewing, and embedding video and other content (the "Service").
User Conduct and Responsibilities
You agree not to use the Site for illegal purposes or for the transmission of material
that in the sole judgment of the Company is unlawful, harassing, libelous, invasive
of another's privacy, abusive, threatening, harmful, pornographic, sexually explicit,
vulgar, obscene, tortuous, excessively violent or gory, or otherwise offensive or
objectionable.
You agree not to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
The Company has the right to suspend or terminate your account and refuse use of the Service, or to remove any content posted by users of the site for any or no reason whatsoever.
Copyright
The content on the StageGold.com website, except all User Submissions (as defined
below), including organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. StageGold is a trademark the Company. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except as
allowed by the following "Limited Right to Use" section, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from
the Site is permitted for your own non-commercial, personal use and not for commercial
republication, distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be reproduced in
any form or incorporated into any information retrieval system, electronic or mechanical,
other than for your non-commercial, personal use.
It is explicitly understood that the Company permits the embedding of any User Video (as defined below) on the StageGold.com website with its video player, using special embed codes provided by StageGold.com, on other websites for non-commercial purposes.
User Submissions
As a StageGold.com account holder
you may submit video content ("User Videos") and textual content ("User Comments").
User Videos and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, the Company
does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to StageGold.com, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the StageGold.com Website and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the StageGold.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the StageGold.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the StageGold.com Service. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not 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 their rightful owner to post the material and to grant StageGold all of the license rights granted herein.
The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and StageGold expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. StageGold reserves the right to remove Content and User Submissions without prior notice.
YOU AGREE THAT YOUR USE OF THE STAGEGOLD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STAGEGOLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STAGEGOLD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STAGEGOLD WEBSITE. STAGEGOLD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STAGEGOLD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STAGEGOLD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL STAGEGOLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STAGEGOLD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT STAGEGOLD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by StageGold from its facilities in the United States of America. StageGold makes no representations that the StageGold Website is appropriate or available for use in other locations. Those who access or use the StageGold Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless StageGold, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the StageGold Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the StageGold Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the StageGold Website is not intended for children under 13. If you are under 13 years of age, then please do not use the StageGold Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
General Information
These terms of service constitute the entire agreement between you and the Company
and govern your use of the Service. These terms of service and the relationship
between you and the Company shall be governed by the laws of the State of Utah