Our Terms and Conditions of Use - Date of Last Revision: December 10, 2014
Slothster, Inc. ("Slothster" or "we") operates Slothster.com, which is an entertainment and social networking platform that allows Members to create unique personal profiles online in order to find and communicate with old and new friends and interact with the site. The services offered by Slothster include any Slothster-branded URL (the "Slothster Website"), Slothster messaging services (including, without limitation, instant messaging and private messaging), and any other features, content, or applications offered from time to time by Slothster in connection with Slothster's business (collectively, the "Slothster Services"). All services provided by Slothster are currently hosted in the United States.
Slothster reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Slothster Services. All material modifications will apply prospectively only. Your continued use of the Slothster Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Slothster Services immediately.
1. Registration and Account Security
Slothster users are expected to provide their real names and information, and by creating an account, there are certain expectations to help facilitate accuracy and maintaining both your safety as well as the security of your account. By creating an account, you make the following committments:
1.1 You will not provide any false personal information on Slothster, nor will you create an account for anyone other than yourself without explicit permission.
1.2 You will not create more than one account.
1.3 If we disable your account, you will not create another one without our permission. You also will not attempt to circumvent the disabling through unscrupulous methods and mechanisms including, but not limited to, hacking, cracking, phishing, scamming, skimming, or DOS/DDOS/NUKE attacks against Members or Slothster.
1.4 You will not use your account for your own commercial gain (such as spamming comments on Slothster or sending spam and/or spam-like comments to Members).
1.5 You will not use Slothster if you are under the age of 13 and will not represent yourself as over the age of 13 in order to create an account.
1.6 If you are under the age of 18, you will not represent yourself as 18 or older, and if you are 18 or older, you will not represent yourself as being under the age of 18.
1.7 You will not use Slothster if you are a convicted sex offender.
1.8 You will keep your contact information accurate and up-to-date.
1.9 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security and integrity of your account or of Slothster as a whole.
1.10 You will not transfer your account to anyone by any means including but not limited to giving away, auctioning, or outright selling, without first getting our explicit written permission.
1.11 When you select a username for your account, We reserve the right to remove or reclaim it if we believe appropriate (including, but not limited to, trademark infringement or impersonation of an individual or company including but not limited to celebrities and public officials).
1.12 You will not collect users' content or information, or otherwise access Slothster, using automated means and methods (such as harvesting bots, robots, spiders, or scrapers) without our permission.
1.13 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Slothster.
1.14 You will not upload viruses, trojans, malware, spyware, or other malicious code through any means.
1.15 You will not solicit login information or access an account belonging to someone else, whether intentional or incidental.
1.16 You will not bully, intimidate, or harass any user, and you will not post content that is hateful, directly threatening, pornographic, contains nudity, or incites violence.
1.17 You will not offer any contest, giveaway, or sweepstakes ("promotion") on Slothster without our prior written consent. If we consent, you take full responsibility for the promotion and will follow all applicable laws.
1.18 You will not use Slothster to do anything unlawful, misleading, malicious, or discriminatory, and you will not do anything that could disable, overburden, or impair the operation of Slothster, such as a denial of service attack.
1.19 You will not facilitate or encourage any violations of this Statement and will adhere to the above established guidelines.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Slothster Services or are a Member. You may terminate your Membership at any time, for any reason, by clicking the button marked "Close My Account" on the Member's profile page. Slothster may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Slothster reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages")) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Slothster Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Slothster reserves the right, in its sole discretion, to reassign or rename your profile ID. Slothster expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Slothster Services if Slothster determines, in its sole discretion, that you have violated this Agreement or pose a threat to Slothster, its employees, business partners, Users and/or the public. Even after Membership is terminated, every section of this Agreement shall remain in full effect.
3. Account Safety
When you create an account on Slothster, you are expected to follow the guidelines stated in section 1, and you are solely responsible for any and all use of your account. Slothster may, at it's sole discretion, invoke or revoke any features at any time without prior notice, particularly to ensure User accountability and overall safety. Slothster will NEVER ask you to provide or verify your password, as it is solely YOUR responsibility to remember your account details. Slothster stores information such as passwords in triple encryption form and cannot retrieve it. To help ensure your safety as well as the safety and security of Slothster Services, we have several safeguards in place such as (but by far not limited to):
3.1 When you create an account, you must provide a valid email address in order to be able to reset your password in the event you are not able to log in to your account. We will not ask you for your password, nor will we ever give you your password; we do give you the tools to be able to reset your password, and it is your responsibility to ensure the information you provide is valid
3.2 Your password is stored in triple encryption and we use several scrubbers to provide buffers
3.3 The use of captchas
3.4 The ability for only the account holder to close their account and to change/update their information; we do not respond to ANY requests for account closure or change of information and we will not close your account on your behalf or update your information for you, since you (the account holder) are provided with all the tools when logged in to your account to manage your options, privacy, change/update your information, and to close your account
4. Proprietary Rights in Content
4.1 Slothster does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Slothster Services. After posting your Content on, through or in connection with the Slothster Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein (Sections 4 and 5). By posting any Content on, through or in connection with the Slothster Services, you hereby grant to Slothster a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Slothster Services, including, without limitation, through the Slothster Services to applications, widgets, websites or mobile, desktop or other services, including, without limitation, distributing part or all of the Slothster Services and any Content included therein, in any media formats and through any media channels. This limited license does not grant Slothster the right to sell or otherwise distribute your Content outside of the Slothster Services. You understand and agree that once Content is distributed or incorporated into other aspects of the Slothster Services, Slothster is under no obligation to delete or ask other Users to delete that Content, and therefore it may continue to appear and be used indefinitely.
4.2 The license you grant to Slothster is non-exclusive (meaning you are free to license your Content to anyone else in addition to Slothster), fully-paid and royalty-free (meaning that Slothster is not required to pay you or anyone else deriving rights from you for the use on the Slothster Services of the Content that you post), sublicensable (so that Slothster is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Slothster Services), and worldwide (because the Internet and the Slothster Services are global in reach).
4.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Slothster Services, or otherwise have the right to grant the license set forth in this Section 3, and (ii) the posting of your Content on, through or in connection with the Slothster Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Slothster Services.
4.4 The Slothster Services contain Content of Slothster ("Slothster Content"). Slothster Content is protected by copyright, trademark, patent, trade secret and other laws, and Slothster owns and retains all rights in the Slothster Content and the Slothster Services. Slothster hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Slothster Content (excluding any software code) solely for your personal use in connection with viewing the Slothster Website and using the Slothster Services.
4.5 The Slothster Services contain Content of Users and other Slothster licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Slothster Services.
4.6 Slothster performs technical functions necessary to offer the Slothster Services, including, but not limited to, the transcoding and/or reformatting Content to allow its use throughout the Slothster Services. In addition, you agree and acknowledge that Slothster may send messages including, but not limited to, notifications and updates in connection with the Slothster Services.
4.7 Slothster reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Slothster Services.
5. Sharing Your Content and Information
Please choose carefully the information that you post on, through or in connection with the Slothster Services and that you provide to other Users. Information, materials, products or services provided by other Slothster Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Slothster assumes no responsibility or liability for this material. If you become aware of misuse of the Slothster Services by any person, please click on the "Contact Me" link here.
5.1 Slothster may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Slothster violates this Agreement or which may be too offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Slothster assumes no responsibility for monitoring the Slothster Services for inappropriate Content or conduct. If at any time Slothster chooses, in its sole discretion, to monitor the Slothster Services, Slothster nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on, through or in connection with any of the Slothster Services, and any material or information that you transmit to other Members and for your interactions with other Users.
5.3 Content submitted and/or posted on, through or in connection with any of the Slothster Services, including but not limited to photos, videos, games, applications, and any interactions with Slothster Services, shall incur a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to fair use and at no point is Slothster obligated to update, add to, or remove any Content nor shall Slothster be obligated to compensate for royalty fees, fines, payments, licensing fees, or any other contractual financial obligations you incur by posting Content on Slothster.
5.4 Feedback or other suggestions about Slothster Services are always welcome, however by submitting feedback and suggestions to Slothster, you understand that we may use them without any obligation whatsoever to compensate you for them (much the same as you have no obligation to offer them to us).
6. Use by Members
The Slothster Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Slothster. Slothster reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Slothster Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Slothster Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Slothster reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Slothster Services.
You acknowledge that Slothster reserves the right to charge for any portion of the Slothster Services and to change its fees (if any) from time to time at its sole discretion. If Slothster terminates your account because you have breached this Agreement, you shall NOT be entitled to a refund of any unused portion of fees or payments (if any).
Slothster is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Slothster Services, by Users of the Slothster Services, and such User Content does not necessarily reflect the opinions or policies of Slothster. In addition, Slothster is not responsible for any damage, injury or loss caused by Users of the Slothster Services or by any of the equipment or programming associated with or utilized in the Slothster Services. Profiles created and posted by Members on, though or in connection with the Slothster Services may contain links to other websites or services. Slothster is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Slothster. Inclusion of any linked website or service on the Slothster Services does not imply approval or endorsement of the linked website or service by Slothster. When you access these third party sites and services, you do so at your own risk. Slothster takes no responsibility for third party advertisements that are posted on, through or in connection with the Slothster Services, nor does it take any responsibility for the goods or services provided by these third parties. Slothster is not responsible for the conduct, whether online or offline, of any User of the Slothster Services and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Slothster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Slothster Services, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Slothster Services. Under no circumstances shall Slothster be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Slothster Services from any User Content posted on or through the Slothster Services, or from the conduct of any Users of the Slothster Services, whether online or offline. The Slothster Services are provided "AS-IS" and as available and Slothster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Slothster cannot guarantee and does not promise any specific results from use of the Slothster Services.
10. Limitation on Liability
IN NO EVENT SHALL SLOTHSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SLOTHSTER SERVICES, EVEN IF SLOTHSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SLOTHSTER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SLOTHSTER FOR THE SLOTHSTER SERVICES DURING THE TERM OF MEMBERSHIP.
11.1 You are solely responsible for your interactions with other Slothster Users, third party developers or any other parties with whom you interact through the Slothster Services. Slothster reserves the right, but has no obligation, to become involved in any way with these disputes.
11.2 You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Slothster exclusively in a state or federal court located in Maui County, Hawai`i. The laws of the State of Hawai`i will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Maui County, Hawai`i for the purpose of litigating all such claims.
11.3 If anyone brings a claim against us related to your actions, content or information on Slothster, you hereby indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11.4 WE TRY TO KEEP SLOTHSTER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SLOTHSTER "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SLOTHSTER WILL BE SAFE OR SECURE. SLOTHSTER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SLOTHSTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SLOTHSTER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SLOTHSTER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold Slothster, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Slothster Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Slothster Services.
13. Revisions and Errata
The materials appearing on Slothster's website could include technical, typographical, or photographic errors. Slothster does not warrant that any of the materials on its website are accurate, complete, or current. Slothster may make changes to the materials contained on it's website at any time without notice. Slothster does not, however, make any commitment to update the materials. This Agreement is accepted upon your use of the Slothster Website or any of the Slothster Services and is further affirmed by you becoming a Member. Your agreement with Slothster will always include this Agreement at a minimum. Your access and use of certain Slothster Services will require you to accept additional terms and conditions applicable to such certain Slothster Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Slothster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Slothster is a trademark of Slothster, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Statement is an agreement between you and Slothster, Inc. and makes up the entire agreement between the parties regarding Slothster, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. You must comply with all applicable laws when using or accessing any of Slothster Services.