User Content and Conduct. The following terms apply to content submitted by users, and users content, on the Network’s Interactive Areas. StackCommerce may make available Interactive Areas such as comments sections, discussion forums, or other interactive features in which you may post or upload user-generated content including but not limited to comments, videos, photos, messages, other materials or items (collectively, “User Content”). By submitting User Content, you represent that you are 13 years of age or older (age limit may vary based on your local jurisdiction) and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, participate on the Network, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and StackCommerce. Employees of Stacksocial, Inc. may not submit User Content without permission from their supervisors. By submitting any User Content or participating on the Network, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that:
violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
you know to be false, misleading or inaccurate.
contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
advocates violent behavior.
poses a reasonable threat to personal or public safety.
contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes.
is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by StackCommerce, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Network.
does not generally pertain to the designated topic or theme of any Interactive Area.
contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Network.
You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by StackCommerce.
You agree not to impersonate any person or entity, including, but not limited to, StackCommerce or any StackCommerce employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, StackCommerce’s endorsement of User Content.
You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Network users or posting private information about a third party.
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
You agree not to interfere with or disrupt the Network or the servers or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Network, use the Network, or access to the Network.
You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
StackCommerce does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Network. Through your use of the Network, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. By using the Network, you assume all associated risks.
Monitoring. StackCommerce shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Network to determine compliance with these Terms of Use and any operating rules established by StackCommerce and to satisfy any law, regulation or authorized government request. Although StackCommerce has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Network, StackCommerce reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Network at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Network at your sole cost and expense. In addition, StackCommerce may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See StackCommerce Privacy Policy.The decision by StackCommerce to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of StackCommerce in connection with or arising from use by you on the Network.
License to User Content. By submitting User Content to the Network, you automatically grant StackCommerce the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to StackCommerce that you have the full legal right, power and authority to grant to StackCommerce the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant StackCommerce the right, but not the obligation, to pursue at law any person or entity that violates your or StackCommerce’s rights in the User Content by a breach of these Terms of Use.
