|
Sarcasm, Inc.
This Terms and Conditions agreement (the "Agreement" or the "Terms and Conditions") is between you (“You” or “Your”) and Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC (“We”, “Our”, “Us” or “SarcMark”), with offices located at P. O. Box 609, Washington, Michigan, 48094. By accessing the SarcMark Website (“Site”), You agree to the terms and conditions as outlined in this document. We reserve the right to change these terms and conditions from time to time at Our sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.
Limited Website License
Subject to the terms and conditions set forth in this Agreement, Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC grants You a non-exclusive, non-transferable, limited right to access, view, use and display the Site and the materials thereon on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with the terms and conditions of this Agreement. The SarcMark Website is for Your personal, internal and noncommercial use only (except when permitted in writing by Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC for any commercial use.)
SarcMark Software Download License
When You use a purchased download code or a promotional download code, you agree to be bound by the License Agreement that is part of the InstallShield. You acknowledge that the SarcMark Software is made available to You for Your personal use only and that You may download the software onto only one computer hard drive. Commercial use of the SarcMark Software must be approved in writing by Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the SarcMark Software.
Site Warranty
The Site is provided on an "as is" and "as available" basis and We make no warranties or representations, whether express or implied, in relation to the Site, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
SarcMark Software Warranty
Although We have tested the SarcMark Software to be functional on the designated “Platforms Supported” or “Devices Supported”, You acknowledge that due to the constantly changing computer and mobile device technologies with new “revisions”, “versions”, “updates” and “fixes” supplied by manufacturers and carriers, and, due to the possible effect of other user loaded programs which We have no control over, the SarcMark Software is provided on an "as is" and "as available" basis and We make no warranties or representations, whether express or implied, in relation to the SarcMark Software, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
When You notify Us, using the “Contact Us” function, of any possible problem with the use of the Site, the download process or the SarcMark Software, We will, on a best effort basis, attempt to identify the cause and correct the problem.
Refunds
As outlined in our warranty, the Site and the SarcMark Software is provided on an “as is” and “as available” basis. There will be no refunds issued for the purchase of the SarcMark Software.
Availability of the Site
You acknowledge that it is technically impossible to provide the Site free of faults; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between Us and You and between Us and other systems and networks.
Ownership and Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, is owned by Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC and is protected by copyright, trademark and/or other intellectual property laws (Copyright © 2010 Sarcasm, Inc. U.S. PATENT NO. D608820. SarcMarkTM ®). The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means.
Any questions (FAQ’s), comments, blogs and “Best Examples” sent by You to Us become the property of Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC and We, at our own discretion, may publish these on the Site. We will not publish Your name as the originator, unless You agree to this in writing. Even if You agree, We may or may not publish Your name.
All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
SarcMark Blog
All blogs and comments that You submit to the SarcMark blog section of this site, and any consequences that may result from your postings are Your sole responsibility. We reserve the right to refuse or delete postings that We believe are inappropriate. The information contained in the SarcMark blog section of this website is for information purposes. Even though care has been taken in its preparation, Sarcasm, Inc. does not make any warranties or representations as to its accuracy or reliability. We neither accept nor assume any reliability in relation to the contents of these pages. These blog pages should not be relied upon as accurate. If you make postings providing false contact details or impersonating another party We reserve the right to pass Your details and IP address on to the aggrieved third party, their agents or any law enforcement agency.
As a condition of Your use of the customer blogging section of this site You agree that You will not:
- post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
- post or transmit any material of any kind which contains a virus or other harmful component
- download any file posted by any other user if You know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
SarcMark Blog Disclaimer
In no event do We accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. In no event do We accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents.
Third Party Sites
We may provide links to other web sites. You acknowledge and agree that We are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that You are solely responsible for evaluating any goods or services offered by Us or third parties via the Site and that We will not be a party to or in any way responsible for any transactions between You and third parties.
Third Party Information
You further acknowledge that some of the content is supplied to Us (directly and indirectly) by third parties and accordingly We can offer no warranty of whatever nature in relation to such content.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk.
SARCASM, INC. and its wholly owned subsidiary New Write, LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SARCASM, INC. and its wholly owned subsidiary New Write, LLC IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. SARCASM, INC. and its wholly owned subsidiary New Write, LLC DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
Limitation of Liability
SARCASM, INC. and its wholly owned subsidiary New Write, LLC AND ITS MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SARCASM, INC. and its wholly owned subsidiary New Write, LLC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SARCASM, INC.’S SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SARCASM, INC. and its wholly owned subsidiary New Write, LLC SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release Sarcasm, Inc. and its wholly owned subsidiary New Write, LLC, its members, directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.
Severability
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
|
