Terms of Service – Studs in Stone

TERMS OF SERVICE

Introduction. Please read these Terms of Service (“Terms“) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Studs In Stone, including information, text, images, graphics, data or other materials (“Content“) and products and services provided through www.studsinstone.com (“SiS”), as well as all elements, software, programs and code forming or incorporated in to SiS (the “Service“).By using our Service, you agree to be bound by these Terms (“General Terms“), which contains provisions applicable to all users of our Service, including visitors to the SiS website (the “Site“).
Registration; Username/Password. To register as a member of the Service, you must be the greater of 18 years old or lawfully permitted to view adult, pornographic, and sexual content (“Adult Content”) in the jurisdiction in which you are resident. In no event may minors submit or access Adult Content to the Service. You agree that the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account. When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify SiS of any unauthorized use of your password.
Copyright. SiS is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to SiS are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of SiS or the appropriate owner of copyright in such works.
Your Content. SiS does not claim ownership rights in your works or Content posted by you to SiS (“Your Content”). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us. SiS does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant SiS a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose. SiS has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all of Your Content that you upload, post or otherwise transmit using the Service. You agree that SiS may at any time, and without notice, suspend or terminate any part of the Service, or terminate your membership and delete any of Your Content stored on the SiS Site, in SiS’s sole discretion, if you fail to comply with the Terms or applicable law.
Discussion Rooms and Forums – As a registered member of the Service, you will be granted the privilege of participating in chat rooms and discussion forums on the SiS website or on Discord as part of the Service, which means you may post Your Content in the form of text for display in these areas of the SiS website, subject to your compliance with the Terms.
Intellectual Property. SiS respects the intellectual property rights of others and expects users of the Service to do the same. At SiS’s discretion and in appropriate circumstances, SiS may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact us through ad****@**********ne.com. You must provide us with substantially the following information, which SiS may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work 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.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
6. 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.
Third Party Websites. SiS may provide links to third-party websites or resources. You acknowledge and agree that SiS is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SiS of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Prohibited Activities. You agree not to use the Service:
1. for any unlawful purposes;
2. to upload, post, or otherwise transmit any public and shared content that is, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 18; or
4. to upload, post, or otherwise transmit any material which is likely to cause harm to SiS or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
Right to Amend. We reserve the right to amend these Terms from time to time in our sole discretion. We will post the revised terms on the Site. If you continue to use the Service after the elective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
No Warranty. This Service is provided by SiS on an “AS IS” and “AS AVAILABLE” basis and SiS reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that SiS is not and will not be liable to you for any modification, suspension or discontinuance of the Service.

SIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SIS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT SIS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SIS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SIS’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SIS PURSUANT TO THIS AGREEMENT.

Miscellaneous. These Terms constitute the entire agreement between SiS and you with respect to your use of the Service. SiS’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. SiS shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of SiS. These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Texas.