BY CHECKING THE "Yes, I agree to the The Saddest Thing Terms of Service" CHECKBOX DISPLAYED AS PART OF THE SIGN-UP OR UPGRADE PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE The Saddest Thing ONLINE SERVICE (THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT CHECK THE "Yes, I agree to the The Saddest Thing Terms of Service" CHECKBOX AND MAY NOT USE THE SERVICE.
1. ACCEPTANCE OF TERMS
Welcome to the The Saddest Thing service (a service of Word Front LLC). Everyone who uses The Saddest Thing - even those without an account viewing a public The Saddest Thing list - is subject to these Terms of Service ("TOS"). The Saddest Thing reserves the right to update and change the TOS from time to time without notice or acceptance by you. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://saddestthing.com/tos/. You must be at least 13 years old to use the Service.
2. DESCRIPTION OF SERVICE
The Saddest Thing provides each Account Holder with a web site on The Saddest Thing's Internet Property (The Saddest Thing Site). Each The Saddest Thing Site includes tools that enable Account Holders to create and share texts or images with optional descriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also agree not to access the Service by any means other than through the interfaces that are provided by The Saddest Thing for use in accessing the Service. You also understand and agree that the service may include certain communications from The Saddest Thing, such as service announcements, administrative messages and other critical The Saddest Thing announcements, and that these communications are considered part of The Saddest Thing membership and you will not be able to opt out of receiving them.
In order to use the Service, you must have a valid The Saddest Thing Username. To be an Account Holder with your own The Saddest Thing Site, you must provide The Saddest Thing with your full name, email address, legal name and/or business name, and other required information ("Registration Data"). Accounts Holder will choose a password and account designation for your The Saddest Thing Site during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Saddest Thing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Saddest Thing cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete within 30 days of any change to it. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Saddest Thing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Saddest Thing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the free version of the Service, you will also have to go through the registration process.
4. CANCELLATION AND TERMINATION
You can cancel your account by contacting service [@] saddestthing.com. Your account will be terminated within 30 days. We also reserve the right to cancel accounts that haven't been accessed in 60 days. After cancellation, you will no longer have access to your website and all information contained therein may be deleted.
In addition, you agree that The Saddest Thing, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your The Saddest Thing Site or your access to a The Saddest Thing Site, and the forfeiture and relinquishment of all content on your The Saddest Thing Site. The Saddest Thing reserves the right to refuse service to anyone for any reason at any time.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, (f) hosting or distribution of pornographic materials, (g) hosting or distribution of illegal files, (f) hosting or distribution of copyrighted materials of which you are not the copyright owner, (g) hosting or distribution of other illegal or inappropriate materials or threatening statements, (h) verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Saddest Thing customer, employee, member, or officer, or (i) excessive bandwidth usage. Termination of your The Saddest Thing account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information and content associated with or inside your account and/or The Saddest Thing Site (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for any reason shall be made in The Saddest Thing's sole discretion and that The Saddest Thing shall not be liable to you or any third-party for any termination of your account, any content you've stored in your account, any associated email address, or access to the Service.
6. TECHNICAL, CUSTOMER, AND SALES SUPPORT
Technical, customer, and sales support is only provided via email or other online means and is not provided via phone or traditional mail. Technical support will only be provided to paying customers. There is no technical or customer support for our free product.
7. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for all activity occurring on your The Saddest Thing Site and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, You are responsible for maintaining the security of your account and The Saddest Thing Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the The Saddest Thing Site, including those of your Guests on shared pages. You agree to immediately notify The Saddest Thing of any unauthorized uses of the account or any other breaches of security. The Saddest Thing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will The Saddest Thing be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
8. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not The Saddest Thing, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. The Saddest Thing does not control or own 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 The Saddest Thing 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, transmitted or otherwise made available via the Service. You acknowledge that The Saddest Thing does not pre-screen Content, but that The Saddest Thing and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The Saddest Thing and its designees shall have the right to remove any Content that violates the TOS 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 The Saddest Thing or submitted to The Saddest Thing.
You acknowledge and agree that The Saddest Thing may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Saddest Thing, its users and the public.
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 agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, pornographic, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a The Saddest Thing official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, host, or transmit unsolicited email, SMSs, or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) "stalk" or otherwise harass another customer or employee/owner of The Saddest Thing;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) The Saddest Thing determines, in its sole discretion, is inappropriate for sale through the Service provided by The Saddest Thing;
(n) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest.
9. BANDWIDTH USAGE
If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage of other The Saddest Thing customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption. We will attempt to notify you prior to disabling or throttling your account, but we make no guarantees.
10. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by The Saddest Thing in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
11. INTERNATIONAL USE
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.
12. CONTENT SUBMITTED
The Saddest Thing does not claim ownership of the Content you place on your The Saddest Thing Site.
You acknowledge that The Saddest Thing does not pre-screen Content, but that The Saddest Thing and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, The Saddest Thing and its designees shall have the right to remove any Content that violates the TOS 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Saddest Thing has no control over such sites and resources, you acknowledge and agree that The Saddest Thing is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Saddest Thing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold The Saddest Thing, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, Service downtime or availability, or your violation of any rights of another.
15. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Saddest Thing.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that The Saddest Thing may establish general practices and limits concerning use of the Service.
17. MODIFICATIONS TO SERVICE AND PRICES
The Saddest Thing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all The Saddest Thing services, including but not limited to monthly subscription plan fees to the The Saddest Thing service, are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the The Saddest Thing Site or the The Saddest Thing service itself. In the event of such a change, you will have the right to continue your service for the current paid-up month at your current rate. At the end of your currently billed month you will have the option to continue at the new rate or cancel your service. You agree that The Saddest Thing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
18. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Saddest Thing or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SADDEST THING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE SADDEST THING WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, THE SADDEST THING IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. The Saddest Thing DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Saddest Thing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SADDEST THING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The Saddest Thing respects the intellectual property rights of others and we ask our users to do the same. The TOS and the relationship between you and The Saddest Thing shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and The Saddest Thing agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware County, Pennsylvania. The failure of The Saddest Thing to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and The Saddest Thing and govern your use of the Service, superseding any prior agreements between you and The Saddest Thing (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other The Saddest Thing services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to support [@] saddestthing dot com.
Copyright 2005-2006 The Saddest Thing. All rights reserved.
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