A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” “GOODSTAMP” or “Archimedes Workshop” refer to Archimedes Workshop, LLC, a California Limited Liability Company.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “GOODSTAMP Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than GOODSTAMP or its users, such as data providers who license data to GOODSTAMP for use on the Site.
2. BINDING EFFECT
3. MEMBERSHIP ACCOUNTS
“Membership Account Services” include all of those services and features provided by GOODSTAMP, whether or not a user pays a membership fee. “Membership Account Users” include all those users who have activated a Membership Account and, where applicable, have paid the applicable fee for the Services.
Any Membership Account User may cancel his or her Membership Account at any time for any reason. ANY AND ALL FEES PAID FOR THE MEMBERSHIP ACCOUNT SERVICES ARE NONREFUNDABLE.
When you are required to open an account to use or access the Site, apps, or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify GOODSTAMP immediately of any unauthorized use of your account, user name, or password. GOODSTAMP shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by GOODSTAMP, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
5. USE OF SOFTWARE
GOODSTAMP may make certain software available to you from the Site. If you download software from the Site or any associated apps, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by GOODSTAMP, for your personal, noncommercial, home use only. GOODSTAMP does not transfer either the title or the intellectual property rights to the Software, and GOODSTAMP retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
6. USER CONTENT
You grant GOODSTAMP a license to use the materials you post to the Site, apps, and/or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content, you are granting GOODSTAMP, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of GOODSTAMP, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that GOODSTAMP may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, any apps, or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing or using the Site, apps, or Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site, apps, and/or Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
8. INTELLECTUAL PROPERTY OWNERSHIP
All GOODSTAMP Content included on the Site, apps, and Service, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of GOODSTAMP and is protected by United States and international intellectual property laws. The compilation of all content on this site is the exclusive property of GOODSTAMP and protected by U.S. and international copyright laws. All software used on the Site, apps, and/or Services is the property of GOODSTAMP or its software suppliers and protected by United States and international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GOODSTAMP and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing GOODSTAMP name or trademarks without the express written consent of GOODSTAMP. You may not use any direct linking or source-calling of any media presented on this web site.
9. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
GOODSTAMP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site, apps, or Services. GOODSTAMP has adopted a policy that provides for the immediate suspension and/or termination of any Site, app, or Service user who is found to have infringed on the rights of GOODSTAMP or of a third party, or otherwise violated any intellectual property laws or regulations. GOODSTAMP’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want GOODSTAMP to delete, edit, or disable the material in question, you must provide GOODSTAMP with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GOODSTAMP to locate the material; (d) information reasonably sufficient to permit GOODSTAMP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to GOODSTAMP’s designated agent at:
Archimedes Workshop, LLC Attn: IP Infringement Email: email@example.com
10. PROHIBITED CONTENT
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits or is designed to solicit personal information from or about any minor;
contains information that poses or creates a privacy or security risk to any person;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
solicits or is designed to solicit passwords or personal identifying information from other Users;
involves commercial activities and/or sales without prior written consent from Good Stamp;
includes a photograph or video of another person that you have posted without that person’s consent; or
violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
11. PROHIBITED CONDUCT
You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site, apps, or Services:
threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site, apps, or Service;
using the Site, apps, or Service in a manner that may create a conflict of interest;
using the Site, apps, or Service to promote bigotry or discrimination;
using the Site, apps, or Service to solicit personal information from minors or to harm or threaten to cause harm to minors;
using the Site, apps, or Service for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site, apps, or Service on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by GOODSTAMP, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
engaging in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Site, apps, or Service or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site, apps, or Service;
interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, apps, or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
using the Site, apps, or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site, apps, or Service;
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by GOODSTAMP in providing the Site, apps, or Service;
using the Site, apps, or Service for keyword spamming or to otherwise attempt to manipulate natural search results;
recording, processing, or mining information about other users;
using any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content, or accessing, retrieving, or indexing the Site for purposes of constructing or populating a searchable database;
using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site, apps, or Service for the purposes of sending unsolicited or unauthorized material;
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the GOODSTAMP Site, apps, or Service other than your Content which you legally post on, through or in connection with the GOODSTAMP Services;
providing or using “tracking” or monitoring functionality in connection with the Site, apps, or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Site, apps, or Service;
covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any GOODSTAMP page via HTML/CSS or any other means;
employing any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
interfering with, disrupting, or creating an undue burden on the GOODSTAMP Services or the networks or services connected to the GOODSTAMP Services;
impersonating or attempting to impersonate GOODSTAMP or a GOODSTAMP employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
selling or otherwise transferring your profile, your e-mail address or URL;
using or distributing any information obtained from the GOODSTAMP Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
relaying e-mail from a third party’s mail servers without the permission of that third party;
using invalid or forged headers to disguise the origin of any Content transmitted to or through GOODSTAMP’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
using the Site, apps, or Service in a manner inconsistent with any and all applicable laws and regulations.
12. ADVERTISING AND SOLICITATION
As provided in Section 11.5 of this Agreement, you are prohibited from advertising to or making solicitations of any other User to buy or sell any products or services without the prior authorization of GOODSTAMP. You are prohibited from transmitting any chain letters or junk e-mail to other Users. In order to protect our Users from such advertising or solicitation, GOODSTAMP reserves the right to restrict the number of e-mails which a Member may send to other Members in any twenty four (24) hour period. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the GOODTSAMP Services, you acknowledge that you will have caused substantial harm to GOODSTAMP, but that the amount of such harm would be extremely difficult to ascertain. GOODSTAMP reserves the right to terminate a user’s account and access to the Site, apps, and Services and reserves the right to seek compensation for any harm or damage to GOODSTAMP as a result of a user’s violation of this section.
13. ALLEGED VIOLATIONS
GOODSTAMP assumes no responsibility for monitoring the Site, apps, or its Services for prohibited Content or conduct. If at any time GOODSTAMP chooses, in its sole discretion, to monitor the Site, apps, or Services, GOODSTAMP assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Site, apps, or Service or of any prohibited Content or conduct, please report it to GOODSTAMP by clicking on the “Contact Us” or the “Report Abuse” link at the bottom of the GOODSTAMP Website pages.
14. NO WARRANTIES
GOODSTAMP HEREBY DISCLAIMS ALL WARRANTIES. GOODSTAMP IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODSTAMP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GOODSTAMP DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
GOODSTAMP HAS NO FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT GOODSTAMP HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHO GAINS ACCESS TO THE SITE, APPS, OR SERVICE, WHAT CONTENT YOU ACCESS VIA THE SITE, APPS, OR SERVICE, WHAT EFFECTS THE CONTENT MAY HAVE ON YOU OR OTHER USERS, HOW YOU OR OTHER USERS MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU OR OTHER USERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT.
YOU RELEASE GOOD STAMP FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE, APPS, OR SERVICE. THE SITE, APPS, OR SERVICE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. GOODSTAMP MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND GOODSTAMP WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE, APPS, OR SERVICE.
YOU RELEASE US FROM ALL LIABILITY RELATING TO YOUR CONNECTIONS AND RELATIONSHIPS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT, IN ANY WAY, SCREEN USERS, NOR DO WE INQUIRE INTO THE BACKGROUNDS OF USERS OR ATTEMPT TO VERIFY THEIR BACKGROUNDS OR STATEMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THE VERACITY OF ANY INFORMATION USERS PROVIDE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING IN ANY WAY FROM COMMUNICATIONS OR MEETINGS WITH USERS OR PERSONS YOU MAY OTHERWISE MEET THROUGH THE SERVICES. AS SUCH, YOU AGREE TO TAKE REASONABLE PRECAUTIONS AND EXERCISE THE UTMOST PERSONAL CARE IN ALL INTERACTIONS WITH ANY INDIVIDUAL YOU COME INTO CONTACT WITH THROUGH THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET SUCH INDIVIDUALS IN PERSON. YOU SHOULD NOT, UNDER ANY CIRCUMSTANCES, PROVIDE YOUR FINANCIAL INFORMATION (E.G., CREDIT CARD OR BANK ACCOUNT NUMBERS) TO OTHER INDIVIDUALS.
15. LIMITED LIABILITY
GOODSTAMP’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOODSTAMP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GOODSTAMP. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, personal injury, or any other legal theory or form of action.
16. AFFILIATED SITES
18. GOVERNING LAW
19. SEVERABILITY; WAIVER
20. NO LICENSE
Nothing contained on the Site, apps, or Service should be understood as granting you a license to use any of the trademarks, service marks, logos, or any other items of intellectual property owned by GOODSTAMP or by any third party.
21. PRICING OR TYPOGRAPHICAL ERRORS
GOODSTAMP strives to provide accurate service and pricing information, but inadvertent typographical errors may occur. In the event that our service is mispriced or misrepresented, GOODSTAMP may, at our discretion, either contact you for instructions, or cancel your subscription and notify you of such cancellation. Prices and services are subject to change without notice.
22. SUBSCRIPTION ACCEPTANCE
GOODSTAMP reserves the right to deny acceptance of a subscription or membership to any potential user or to cancel any existing subscription for any reason.
You may terminate this Agreement at any time, provided that you discontinue any further use of the Site, apps, or Service. Good Stamp also reserves the right to terminate your use of the Site, apps, or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site, apps, or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.