Terms of Service

Last Updated: August, 2004

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SITE.

By using our site, you signify your agreement to these terms of service and to our Privacy Policy. If you do not agree to these terms of service, please exit ScriptMenu.com. ScriptMenu.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.

 

Use of the Site and Posting Rules

In connection with your use of the Site, you agree you will not:

a)   Post or transmit any Material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b)   Post or transmit any Material that includes personal or identifying information about another person without that person's explicit consent;

c)    Post or transmit any Material that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.

d)   Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

e)   Falsely state or otherwise misrepresent your affiliation with a person or entity;

f)     Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;

g)   Post or transmit any Material that contains a virus or corrupted data;

h)   Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

i)     Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

j)     Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

k)   Delete or revise any Material posted by any other person or entity, or

l)     Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any SCRIPTMENU product or service if you are not expressly authorized by such party to do so.

m) Violate any applicable local, state, national or international law.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

 

Membership and Registration

If you become a Member of ScriptMenu.com, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password so others may not access ScriptMenu.com using your name in whole or in part without our permission. If you believe someone has accessed ScriptMenu.com using your user name and password without your authorization, e-mail us immediately at info@scriptmenu.com.

 

User-Provided Information and Content

By providing information to, communicating with, and/or placing material on, ScriptMenu.com, you represent and warrant:

(1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;

(2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and,

(3) the content will not cause injury to any person or entity.

For all such information and material, you grant ScriptMenu, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize ScriptMenu to share the information across all affiliated Web sites, to include the information in a searchable format accessible by users of ScriptMenu.com and other ScriptMenu Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant ScriptMenu the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note ScriptMenu does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ScriptMenu. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against ScriptMenu and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

 

Proprietary Rights

The content of ScriptMenu.com is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through ScriptMenu.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ScriptMenu.

 

Dealings With Third Parties

Your dealings or communications through ScriptMenu.com with any party other than ScriptMenu.com are solely between you and that third party. Under no circumstances will ScriptMenu.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. During your visit to ScriptMenu.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. ScriptMenu.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

 

General Disclaimer and Limitation of Liability

While ScriptMenu.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the content. ScriptMenu.com does not represent or warrant that use of any content will not infringe rights of third parties. ScriptMenu.com has no responsibility for actions of third parties or for content provided or posted by others.

USE OF SCRIPTMENU.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER SCRIPTMENU.COM, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF THE CONTENT.

UNDER NO CIRCUMSTANCES SHALL SCRIPTMENU.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SCRIPTMENU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SCRIPTMENU.COM SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SCRIPTMENU.COM SITE, FROM INABILITY TO USE THE SCRIPTMENU.COM SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SCRIPTMENU.COM SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SCRIPTMENU.COM SITE OR THE SERVICE OR ANY LINKS ON THE SCRIPTMENU.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SCRIPTMENU.COM SITE OR THE SERVICE OR ANY LINKS ON THE SCRIPTMENU.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SCRIPTMENU AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF SCRIPTMENU.COM; (2) SCRIPTMENU.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS TERMS OF SERVICE; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS TERMS OF SERVICE BY YOU.

 

Termination

You agree that ScriptMenu, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or terminate your access to the scriptmenu.com, immediately and without notice, for any reason. Further, you agree that SCRIPTMENU.COM shall not be liable to you or any third-party for any termination of your access to scriptmenu.com. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of the content from ScriptMenu.com, the license(s) you have granted to ScriptMenu.com, and all other provisions for which survival is equitable or appropriate.

 

Miscellaneous

ScriptMenu.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of ScriptMenu.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. ScriptMenu.com may modify, suspend, discontinue or restrict the use of any portion of ScriptMenu.com without notice or liability. ScriptMenu.com may deny access to any person or user at any time for any reason. In addition, ScriptMenu.com may at any time transfer rights and obligations to its affiliate, subsidiary or business unit, or any of its affiliated companies or divisions, or any entity that acquires ScriptMenu or any of its assets. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to ScriptMenu.com must be filed in a federal or state court located within the county of San Barbara, California. You agree no such claim may be brought as a class action. If for any reason any provision of this Terms of Service is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure of ScriptMenu.com to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision.

 

Copyright Complaints

ScriptMenu.com respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ScriptMenu.com, please contact us at copyright@scriptmenu.com with the following information:

1)   Identify the copyrighted work or other intellectual property that you claim has been infringed;

2)   Identify the material on the ScriptMenu site that you claim is infringing, with enough detail so that we may locate it on the website;

3)   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4)   A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5)   Your address, telephone number, and email address; and

6)   Your physical or electronic signature.

ScriptMenu will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

 

Contact Us: info@scriptmenu.com