Term of Use
1. ACCEPTANCE OF TERMS OF USE
www.SoldiersDepot.com (“SoldiersDepot”) is a provider of numerous online services, including without limitation online classified ad listing services and online discussion forums, which are hereinafter collectively referred to as the “Services.” The Services are provided subject to the following Terms of Use (“TOU”), and you, the “User,” accept and agree to comply with the TOU by virtue of using the Services. User agrees that SoldiersDepot has the right to modify the TOU at any time and at SoldiersDepot’s sole discretion. If such a modification is made, SoldiersDepot will post a notice on its website for a period of time and will give the date of last revision on the TOU. User’s use of the Services after such modification will constitute acceptance of the amended TOU, including the modified terms, and, User agrees to regularly review the TOU for modifications.
2. ENFORCEMENT OF TERMS OF USE
SoldiersDepot retains the right to strictly enforce the TOU against the User through any legal avenue(s) that SoldiersDepot sees fit. User agrees that enforcement of the TOU is at the sole discretion of SoldiersDepot and that SoldiersDepot is not obligated to enforce the TOU against User or other users of the Services.
3. PRIVACY AND INFORMATION DISCLOSURE
SoldiersDepot records both personally identifiable information and non-personally identifiable information through User’s use of the Services. SoldiersDepot will take reasonable measures to restrict access to personally identifiable information. SoldiersDepot will not sell, share, rent, or otherwise transfer personally identifiable information to any entity or person, unless disclosure or transfer of this information is required by law, regulation, court order, or bankruptcy proceedings. Additionally, SoldiersDepot may disclose certain personally identifiable information if disclosure is necessary for the purpose of providing User with information, goods, and/or service that are requested by User. Furthermore, SoldiersDepot may disclose personally identifiable information to any successor or purchaser of part or all of the assets of the business.
SoldiersDepot will not sell User’s personally identifiable information to third parties for direct marketing purposes, unless User affirmatively agrees to such disclosure. In this regard, information such as User’s name, address, email address, phone number, Social Security number, payment history, debit or credit card information, occupation, and/or banking information will not be disclosed without User’s consent. In addition, information that profiles User, such as hobbies and interests, marital status, height, weight, religion, age, gender, and/or household income level, will not be disclosed for direct marketing purposes without User’s consent.
All information that User posts online or makes available through the Services is in public view and is subject to disclosure, use, and distribution. User should take the necessary precautions to avoid posting personally identifiable data in public view if User does not want this information to be used, disclosed, or distributed.
SoldiersDepot does not knowingly collect any information from persons under thirteen years of age. If SoldiersDepot learns that information or Content (as defined below) has been made available on the Services by a person younger than thirteen, SoldiersDepot will remove such information or Content from the Services. If User has reason to believe that Content or information is being made available by someone under thirteen, User should notify SoldiersDepot at
comments@SoldiersDepot.com. Please put the words “Suspected Underage Activity” in the email subject line.
4. RESPONSIBILITY FOR CONTENT
User agrees that SoldiersDepot is not responsible for any description, email, file, information, data, graphic, text, image, photo, sound, video, message, posting, or text (collectively “Content”) made available through the Services, which includes Content uploaded to, posted on, transmitted through, linked from, or accessed through the Services. User assumes liability for all Content made available by User and agrees that other users are responsible for the Content they make available. Furthermore, User represents and warrants that User is authorized to make available the Content that User makes available on or through the Services.
User recognizes that using the Services may expose User to Content that User finds objectionable, offensive, harmful, misleading, inaccurate, or indecent. User acknowledges that SoldiersDepot does not have access to and cannot pre-approve Content made available by User or other users, prior to such Content being made available through the Services. Further, User agrees that SoldiersDepot does not monitor and cannot approve all Content made available by User or other users even after such Content is made available through the Services, due to the volume of Content. SoldiersDepot relies on User and other users to notify it of Content that is objectionable and shall endeavor in good faith to remove such Content or move such Content to a more suitable section of the Services, when such Content is brought to its attention. However, User recognizes and agrees that such removal, deletion, or movement of Content to another section of the Services will be at SoldiersDepot’s sole discretion and that SoldiersDepot will not be liable for its decision regarding removal, deletion, or movement of objectionable Content to another section of the Services.
User recognizes and agrees that reliance on or use of Content shall be at User’s sole risk. User recognizes that Content made available on the Services may contain links to other websites, directories, servers, databases, or networks (collectively “Other Websites”) that are not affiliated with SoldiersDepot. User agrees that SoldiersDepot is not responsible for these Other Websites and makes no guarantee as to the accuracy of Content or advertisements made available on them. In addition, User agrees that SoldiersDepot does not guarantee or make any warranties as to the products or materials provided on or available from these Other Websites, and, User agrees to assume all risks associated in dealing with these Other Websites. User further agrees to that under no circumstance whatsoever will SoldiersDepot be liable for any loss or damage by virtue of User’s dealings with Other Websites.
5. PAID CONTENT
Some areas of the Services require User to pay a fee for making Content available. In the event that User makes Content available in a paid area of the Services, SoldiersDepot will not refund fees paid if the Content is improperly displayed through no fault of SoldiersDepot or the Services. Furthermore, if User pays a fee to make Content available in a paid area but that Content is subsequently removed or deleted for violating the TOU, SoldiersDepot will not refund the fees paid.
6. EFFECT OF MAKING CONTENT AVAILABLE
User agrees that by making Content available through or on the Services, User automatically grants to SoldiersDepot a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and sublicense any such Content (in whole or in part) and to incorporate it in other works regardless of form, media, or technology. By making any Content available through or on SoldiersDepot User also grants to other users the right to access, view, store, or reproduce User’s Content for that user’s own, non-commercial use.
7. IMPERMISSIBLE CONTENT
User agrees not to submit, post, upload, email, disseminate, or otherwise make available the following types of Content:
(a) Content that unlawful;
(b) Content that abuses, defames, libels, slanders, harasses, threatens, or is harmful to others;
(c) Content that is pornographic or obscene under the normal standards of the relevant community;
(d) Content that invades others’ privacy, which includes without limitation Content containing personal and/or identifying information about another individual without that person’s consent;
(e) Content that is false, deceptive, misleading, and/or fraudulent, as well as Content that repeatedly does not convey correct information;
(f) Content that falsely implies or states an affiliation with a person or entity, which includes Content directed to the source or affiliation of goods or services;
(g) Discriminatory Content, which includes without limitation, Content that violates the Fair Housing Act and Content that violates any employment laws;
(h) Content that disguises the User or the origin of the Content;
(i) Content from commercial services;
(j) Content that contains computer source code, programs, and/or files designed to harm, interrupt, or limit the functionality of computer software, computer hardware, or other systems;
(k) Content that contains computer source code, programs, or files designed to target computers or systems for advertising or solicitation purposes;
(l) Content that can be construed as an advertisement or solicitation and that appears in areas of SoldiersDepot that are not designed for advertisements or solicitations;
(m) Content the infringes intellectual property rights or other proprietary rights of other individuals or entities;
(n) Content that can be construed as junk mail, spam, phishing expeditions, bulk advertisements, pyramid schemes, or chain letters;
(o) Content that interferes with the Services or users’ ability to use the Services;
(p) Content promoting and/or advertising any illegal service; and,
(q) Content promoting and/or advertising the sale or transfer of any illegal good.
In addition to the above-listed impermissible Content, User agrees that SoldiersDepot may make a case-by-case determination as to whether Content is permissible, and, User agrees that SoldiersDepot has the absolute right to remove any and all Content that SoldiersDepot deems impermissible.
8. PERMISSIBLE USE
SoldiersDepot is intended to be a forum where like-minded people can come together online for a variety of lawful purposes. In furtherance of this objective, User agrees to use the Services, and any Content found on the Services, solely for lawful, non-commercial purposes. Furthermore, User agrees to respect the privacy of other users. In connection with respecting other users’ privacy rights, User agrees not to contact any other user who does not want to be contacted. User also agrees not to employ automated means for contacting other users, but rather, User agrees to specifically contact other users only: (1) in direct response to specific Content made available by the other user or (2) in direct reply to an inquiry from other users about specific Content made available by User. User agrees not to solicit and/or use other users’ personal data for commercial or unlawful purposes.
User also agrees not to employ methods of making Content available on the Services that will disrupt the Services. In addition, User agrees not to employ any methods of retrieving Content from the Services that will disrupt the Services. Methods that will disrupt the Services include automated means for posting, downloading, or uploading Content. Moreover, User agrees not to directly interfere with Content made available on the Services by other users, but rather, User agrees to contact SoldiersDepot if User has a problem with Content available on the Services.
9. INTELLECTUAL PROPERTY CLAIMS
User warrants and represents that it has the necessary intellectual property rights to make available any Content that User makes available through or on the Services, including, for example, postings to discussion areas and forums. Concurrent with User’s warranty and representations, User agrees to indemnify and hold harmless SoldiersDepot, its officers, agents, employees, and successors in rights from any claims, demands, and damages of any kind or nature, arising out of or related to User’s violation of the intellectual property rights of another.
It is the policy of SoldiersDepot to respond to claims of intellectual property infringement or misappropriation. SoldiersDepot will promptly process and investigate notices of alleged infringement or misappropriation and will take appropriate actions under the applicable laws and under this TOU. Notifications of intellectual property infringement or misappropriation should be sent to the following email address and should state “Possible Intellectual Property Claim” in the subject line of the email.
To be effective, the notification must be a written communication that includes the following:
(a) An electronic or physical signature of the owner (or the person authorized to act on behalf of the owner) of the exclusive right that is allegedly infringed;
(b) Identification of the Content at issue and where such Content is located in the Services;
(c) Identification of the specific intellectual property right violated;
(d) A statement as to how the Content at issue infringes or otherwise violates the right identified in paragraph (c);
(e) If the claim is for copyright infringement, identification of the copyrighted work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
(f) If the claim is for patent infringement, identification of the patent(s) claimed to have been infringed;
(g) If the claim is for trademark infringement, identification of the trademark(s) claimed to have been infringed;
(h) Information reasonably sufficient to permit SoldiersDepot to contact the party providing the notification of the intellectual property claim, which shall include the notifying party’s name, address, telephone number, and email address, if available;
(i) A statement that the complaining party has a good faith belief that use of the material or Content in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; snd,
(j) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As they relate to copyright infringement, the above requirements are set out in the Digital Millennium Copyright Act (DMCA). If a notification is made for copyright infringement, SoldiersDepot will follow the DMCA procedures in taking down Content available through or on the Services.
10. SPAM
User agrees not to use the Services to send spam or unsolicited emails to other users for commercial purposes. User also agrees not to use the Services for obtaining email addresses or other contact information to send spam or unsolicited material to other users for commercial purposes. User recognizes that using the Services to send spam or unsolicited emails to other users for commercial purposes may be a violation of federal or applicable state laws.
11. ACCESS, TERMINATION, AND RESTRICTIONS ON CONTENT
User agrees that SoldiersDepot retains sole control over use of and access to the Services and may impose certain limits on User’s use or access, including the termination of User’s use or access. SoldiersDepot grants User a revocable, personal, nonexclusive, nontransferable license to use the Services. At the sole discretion of SoldiersDepot, this license may be revoked. In addition, User agrees that SoldiersDepot may impose restrictions on Content made available through the Services, including file-size limitations and limits on the time period that Content will be available on or through the Services. User agrees that SoldiersDepot will not be liable to User or any third party for a limitation on use of or access to the Services and will also not be liable for limitations imposed on Content or the deletion of Content.
12. INTERACTION WITH OTHER USERS
User agrees that User’s interactions and dealings with other users, organizations, or individuals found through the Services are solely between User and the other users, organizations, or individuals. User further agrees that SoldiersDepot is in no way liable for loss or damages arising from dealings or interactions between User and other users, organizations, or individuals found through the Services. User agrees to assume all risk in interacting with or doing business with other users, organizations, or individuals found through the Services. This assumption of risk includes payment and/or delivery of goods and services found through or on the Services, as well as any other terms, conditions, warranties, guarantees, and/or representations associated with User’s interactions and dealings with other users, organizations, or individuals found through the Services.
If User gets into a dispute with another user or with an organization or individual found through the Services, User hereby releases SoldiersDepot, its officers, agents, employees, and successors in rights from any claims, demands, and damages of any kind or nature, arising out of or related to User’s interaction and/or dealings with other users, organizations, or individuals found through the Services. This release applies to every interaction or dealing by User with others that is related to or arising out of User’s use of the Services.
13. ALL WARRANTIES DISCLAIMED
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. SOLDIERSDEPOT, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow for the disclaimer of implied warranties, so the foregoing disclaimer may not apply to User.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL SOLDIERSDEPOT, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCONNECTION WITH USER’S USE OF OR RELIANCE ON THE SERVICES, INCLUDING USE OF OR RELIANCE ON ADVERTISEMENTS, LINKS, OR INFORMATION PROVIDED THROUGH THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES TO CONTENT MADE AVAILABLE ON THE SERVICES BY USER OR OTHER USERS, AS WELL AS PRODUCTS OR MATERIALS OBTAINED THROUGH THE SERVICES. FURTHERMORE, THIS LIMITATION OF LIABILITY ALSO APPLIES TO DAMAGES THAT ARISE OUT OF OR ARE CONNECTED TO TERMINATION OF THE SERVICES, RESTRICTIONS ON USER’S ACCESS TO THE SERVICES, AND DELETION, REMOVAL, OR MOVEMENT OF CONTENT. Some states do not allow for the exclusion or limitation of disclaimer of implied warranties, so the foregoing disclaimer may not apply to User.
15. INDEMNITY
User agrees to indemnify and hold SoldiersDepot, its subsidiaries, officers, directors, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of or in connection with User’s activities on and use of the Services. User’s agreement to indemnify SoldiersDepot includes any claim or demand that arises out of or in connection with Content that User makes available through the Services.
16. SEVERABILITY
If any term, condition, restriction, or provision of the TOU is declared or found by a court of competent jurisdiction to be illegal, unenforceable, or void, SoldiersDepot and User agree that such invalid term, condition, or provision shall be severed from the remaining terms, conditions, restrictions, and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. WAIVER
The failure of SoldiersDepot to enforce any term or provision of this TOU does not constitute a waiver of the TOU or any right or provision contained herein. No waiver of any provision of the TOU shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
18. GOVERNING LAW
User agrees that the rights and obligations of SoldiersDepot and User under the TOU and any dispute or claim that arises from or that is connected to User’s use of the Services shall be governed by and construed in accordance with laws of the State of Texas, without reference to its conflicts of law principles. User agrees that any dispute or claim shall exclusively be brought in, and each party irrevocably consents to the personal and exclusive jurisdiction and venue of, the state courts within the county of Bexar, Texas, or, in the case of exclusive federal jurisdiction, the United States District Court for the Western District of Texas.
19. ENTIRE AGREEMENT
This TOU constitutes the entire agreement between the Parties pertaining to its subject matter, and it supersedes all prior contemporaneous agreements, representations, and understandings between User and SoldiersDepot.
20. STATUTE OF LIMITATIONS WAIVER
User agrees that all claims or causes of action arising out of or connected to the TOU or the Services that are brought by User, shall be brought within one (1) year after such causes of action or claims arise. User agrees to waive all statutes of limitation and laws that provide for a different period of time to bring such claim(s) and/or cause(s) of action. User agrees that if User does not bring a claim or cause or action within one year of it arising, then such claim or cause of action will be forever barred.
21. FINAL MATTERS
The headings contained in the TOU are inserted merely for convenience only and shall not control or affect the meaning, construction, or effect of the TOU or any of its provisions.