This is an agreement ("Agreement") between you ("USER") and Static Interactive Media, Inc. ("STATIC"). This Agreement governs your use of any Web sites or Web page operated by STATIC or any third party web sites with STATIC widgets or API’s embedded (each, a "STATIC SITE," and collectively, the "STATIC SITES") and the purchase of any product or service offered by STATIC.
A USER shall be defined by any Country, Company, Organization, Group or Individual who visits the STATIC Sites. At such time as a USER logs into the STATIC Sites, that USER shall be deemed an "ACTIVE USER".
USER hereby certifies to STATIC that USER is at least 13 years old. If USER is a parent and STATIC is used by the entire family, you agree to supervise the usage of any child under 13. Children under 13 are not permitted to join STATIC or participate in the STATIC Groups.
STATIC OFFERS THE STATIC SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE STATIC SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 13, 14, and 15); AND AN EXCLUSIVE REMEDY (See Section 14). THESE PROVISIONS FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
STATIC may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.STATIC.com/. The link will be labeled Legal Notices and will be located at the bottom of our home page.
You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any STATIC Web Site at www.static.com. Your continued use of the STATIC SITES after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Any STATIC SITE may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that STATIC SITE, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a STATIC SITE, then the terms in this Agreement shall prevail.
STATIC may offer domain names, sub-domains and subdirectories (such as groupname.STATIC.com or www.static.com/user or www.freedomain.com) ("Free Domain(s)") to select USERS for no additional fees. All Free Domain(s) will be registered by STATIC and any rights in and to Free Domains shall be retained by STATIC. Based upon the service level of the USER, that USER will be granted certain non-exclusive rights to use the Free Domain. For example, the USER may be granted the rights for web site hosting, social networking, video streaming, ecommerce, etc. STATIC may for any reason with no notice reclaim any domain name, subdomain or subdirectory. STATIC will do its best effort to protect registered Trade Marks for Companies to utilize the Static Services. STATIC shall be the final decision maker in any Trade Mark dispute as it relates to use of the STATIC SITES. This is due to the issue that Trade Marks can cover different industries and STATIC wants the Trade Mark owner who can best utilize the STATIC SITES receiving the Free Domains.
STATIC may offer FREE SERVICES including web hosting, web logs, photo, videos, live videos, micro blogs, widgets, SMS messaging, mobile apps, email and other services ("FREE SERVICES") to select USERS. The FREE SERVICES may or may not contain advertisements. STATIC has the right to display ads on the USER FREE SERVICES including the right to link ads to USER original material. All revenue generated as a result of ads unless negotiated on a separate agreement between USER and STATIC is the property of STATIC.
STATIC does not claim ownership of Content you submit or make available for inclusion on the STATIC SITES using the STATIC SERVICES. However, by using the STATIC SERVICES, you hereby grant STATIC the following world-wide, royalty free and non-exclusive license(s):
With respect to all Content including web hosting, web logs, photo, videos, live videos, micro blogs, widgets, SMS messaging, mobile apps, email and other services ("FREE SERVICES") on the STATIC SITES, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. The right to broadcast such content to other social networks including Facebook®, Twitter®, Myspace®, or any other web sites or STATIC SITES solely at the discretion of STATIC.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not STATIC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. STATIC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will STATIC be liable in any way for any Content, including, but not limited to, for 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 Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by STATIC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
STATIC prohibits the use of the STATIC Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam"). You may not use any STATIC services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of STATIC's STATIC Services or STATIC customers.
In addition, email sent, or caused to be sent, to or through the STATIC Services may not:
STATIC does not authorize the harvesting, mining or collection of email addresses or other information from or through the STATIC Services. STATIC does not permit or authorize others to use the STATIC Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses, which are STATIC's confidential and proprietary information.
STATIC does not permit or authorize any attempt to use the STATIC Services in a manner that could damage, disable, overburden or impair any aspect of any of the STATIC Services, or that could interfere with any other party's use and enjoyment of any STATIC Service.
If STATIC believes that unauthorized or improper use is being made of any STATIC Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. STATIC may immediately terminate any account on any STATIC Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the STATIC Services. Failure to enforce this policy in every instance does not amount to a waiver of STATIC's rights.
Unauthorized use of the STATIC Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
You acknowledge that STATIC may or may not pre-screen Content, but that STATIC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, STATIC and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by STATIC or submitted to STATIC, including without limitation information in STATIC Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that STATIC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of STATIC, its users and the public.
STATIC grants you the USER a license to use the STATIC SERVICES and Software as long as you abide by the terms outlined in this agreement. STATIC at its sole discretion may revoke this license with notice.
Your use of any software associated with the STATIC Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then STATIC grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the STATIC Web Sites and in accordance with this Agreement. STATIC reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. STATIC or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. STATIC may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the STATIC Web Sites.
Your use of any other social networks such as Facebook®, Twitter®, Myspace® or any other WEB SITE STATIC is affiliated with in any way is subject to the Terms and Conditions of those WEB SITES.
STATIC and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the STATIC Web Sites including stock quotes, even if such information appears in any email, pager, cell phone or other alerts available through the STATIC Web Sites. STATIC and its suppliers do not authorize the use of information available from the STATIC Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. STATIC is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the STATIC Web Sites constitute an offer or solicitation to buy or sell any security. STATIC does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the STATIC Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
STATIC PROVIDES THE STATIC NETWORK OF WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STATIC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE STATIC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE STATIC WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
IN NO EVENT WILL ANY STATIC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE STATIC WEB SITES, EVEN IF SUCH STATIC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 14 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE STATIC WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY STATIC PARTY WITH RESPECT TO THIS AGREEMENT OR THE STATIC WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STATIC WEB SITES.
THE STATIC PARTIES MAY CHANGE THE STATIC WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the STATIC Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by STATIC and persons other than STATIC (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT THE STATIC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT STATIC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE STATIC WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE STATIC WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE STATIC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE STATIC WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 13, 14 AND 15 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
STATIC may terminate this Agreement, or terminate or suspend your access to the STATIC SITES at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the STATIC SITES will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE STATIC WEB SITES MAY NOT BE DELETED.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. STATIC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the STATIC SITS. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and STATIC with respect to the STATIC SITES and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and STATIC with respect to the STATIC Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
All contents of the STATIC SITES are Copyright © 2009 STATIC INTERACTIVE MEDIA, INC. and/or its suppliers, 14000 Quail Springs Parkway, Suite 3600, Oklahoma City, OK 73134 U.S.A. All rights reserved. STATIC, STATIC logo and/or other STATIC products and services referenced herein may also be either trademarks or registered trademarks of STATIC in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners
STATIC and its Partners may make available information such as weather, stock reports and news accessible on your STATIC. You may not use this information for any commercial purposes. STATIC and its Partners cannot guarantee the accuracy or validity of any information provided. USER is advised to use any information at their own risks.
Third Party Account Information
By using the Toolbar menu through the STATIC Web Sites, you authorize STATIC and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint STATIC and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting STATIC and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at: http://www.STATIC.com/copyright-infringement.html
For the adjudication of all disputes concerning or arising from the STATIC SERVICES OR STATIC SITES and facilities provided under this agreement, all litigation shall be commenced in a state or federal court sitting in Oklahoma County, Oklahoma. This venue selection clause is mandatory, not permissive, and litigation shall not be commenced in any other venue. The parties hereby waive all objections and consent to the jurisdiction and venue of any state or federal court sitting in Oklahoma County, Oklahoma. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
Irrespective of the Conflict of Laws doctrine, this Agreement shall be governed, construed and enforced pursuant to the laws of the State of Oklahoma.
By using the STATIC SITES or STATIC SERVICES you hereby accept the terms and conditions above, and agree to all terms by using the STATIC SERVICES or STATIC SITES.