emartspider.com SERVICE USER AGREEMENT
Acceptance of User Agreement.
1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.
3. This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
You may register for an account on the Services (an \”Account\”) or log in using your Facebook login information. To use certain portions of the Services, you are not required to sign up for an Account. However, certain features of the Service, such as posting to community pages on the Site, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person\’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Rules of Conduct.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA policy below.
Copyright & DMCA Guidelines
The following may be interpreted as emartspider\’s (hereafter \’the Service\’) policy towards copyright infringement on the Service in accordance with the Digital Millenium Copyright Act (hereafter \’DMCA\’). The address of emartspider\’ Designated Agent for copyright take down notices (\’Designated Agent\’) is listed below.
Reporting Instances of Infringement
If you believe copyright infringing Content is on or accessible through the Service, please send a notice of infringement of copyright containing the following information to the Designated Agent at the address listed below:
Identify the material or work being infringed.
Identify the material that is claimed to be infringing. This includes its location and enough detail so emartspider will be able to accurately locate it.
Contact information for the notifying party.
A statement that the Notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A signature of the person authorized to act on behalf of the owner of the copyright, or the owner of the copyright that has been allegedly infringed.
After emartspider removes material persuant to the DMCA notice, emartspider will notify the user responsible for uploading the material that access to said material has been revoked.
EmartSpider reserves the right to immediately and without prior notification terminate accounts on the Service for copyright infringement, especially those which are the subject of repeat DMCA notifications.How To Submit a DMCA Counter-Notification.
You may file a counter-notification to EmartSpider if you believe material you have submitted to the Service has been the wrongful subject of a DMCA notification. Please provide the following information to the Designated Agent, listed below:
Specific URLs which refer to the material which was removed or to which access has been disabled.
Your name, address, telephone number, and email address.
You must include a statement consenting to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Francisco County, California if you are located outside of the United States). You must further agree to accept service of process from the original DMCA complainant or the agent(s) of the original complainant.
You must also swear under penalty of perjury that you have a good-faith belief that the material in question was removed or access to the material was disabled only as a result of a mistake or mis identification.
2. you know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another\’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (\”spamming\”);
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
6. impersonates any person or entity, including any of our employees or representatives; or
7. includes anyone\’s identification documents or sensitive financial information.