User Agreement
Thank you for your interest in Stutalk! We are delighted that you have visited our website and look forward to having you as a member. This Member Agreement ("Agreement"), including the Legal Notices and the Privacy Policy, contain the terms and conditions that apply to your use of Stutalk's service package
This Agreement for the use of our Services and our Site may be modified from time to time. While Stutalk will make every effort to advise you of any changes, you are advised to periodically visit our website to review any changes to this Agreement that may be posted there. In the event that you disagree with any future changes to this Agreement, please contact Stutalk immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. If we don't hear from you, we will assume that your silence is your acceptance of any changes and will continue to provide you with our one of a kind level of service.
In the event that you do not agree with the terms and conditions of this Agreement, do not complete the registration process. Instead, please contact Stutalk at info@stutalk.com and an Stutalk representative will be happy to discuss your concerns.
1. Registration
We require a registration process so that you may choose a valid e-mail address (hence forth called Member Name) and a password, and so that we may permit you to use this service. Your Member Name will be used to identify you on Stutalk. You may log in to Stutalk, use the Services or modify your information, only through your Member Name and password. You may not have more than one account or Member Name, and only one email address for your use of the Limited Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise if that is not true we have the option of suspending your account with Stutalk.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify Stutalk immediately at info@stutalk.com of any unauthorized use of your account or any other breach of security you learn about.
To protect your privacy and the privacy of others, Stutalk uses Member Names to identify participants. We keep your email address and other information strictly confidential.
2. Privacy
You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is important so that you are able to login again and reuse Stutalk .
For more information regarding Stutalk's protection of your information, please consult <%=link_to "Stutalk's Privacy Policy.", :controller => "privacypolicy.html", :action => "index"%>
3. Guidelines for Use
Stutalk is free to use. To take advantage of our service, you need only take a few moments for the registration process. Review and agree to our terms and conditions for membership.
Stutalk Services and Site are only available for use by individuals who are age 13 or over. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership. Stutalk Services and Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that Stutalk finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Stutalk Services or Site for any criminal or illegal activities or
any activities that might be legally actionable.
Stutalk reserves the right to determine what constitutes Internet abuse and objectionable conduct. If Stutalk believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to Stutalk Service. The following activities are strictly prohibited under this Agreement:- Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libellous statements or other statements that would violate any third party's privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of Stutalk, inappropriate for the Stutalk membership.
- Impersonating any person or using a name that you are not authorized to use could lead to a suspension.
- Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license.
- Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
- Soliciting individuals to join other services comparable to or competitive with Stutalk.
- Posting links in open questions or in personal profiles that lead to a competitor's site.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting or linking to statements that are intentionally false or misleading.
- Introducing viruses, worms, harmful codes or Trojan horses.
- Spamming, flaming or other similar activities, such as arguments between any one in a question.
Under no circumstance Stutalk will be liable to provide you with any archive information (if already deleted by you).
In addition, violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us by contacting Community Support.
4. Content License
Stutalk enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site with or without attribution. You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by Stutalk and its affiliates will not infringe upon or violate the rights of any third party. Before you use Stutalk Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with Stutalk and posting Your Content on the Site, you hereby grant Stutalk a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed. You also grant Stutalk and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify Stutalk at info@stutalk.com .
5. Disclaimers of Warranty
Other than providing a framework in which Members post problems or ask questions and self-appointed Experts provide answers and/or comments, Stutalk does not review or verify the content of postings at its Site. The Experts who participate at Stutalk have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which, other than the financial information contained therein, has not been reviewed or verified by us. You may review each Member information including their profile, a list of questions answered and grades received, by clicking on their Member Name.
You expressly agree that use of Stutalk services is at your sole risk. The site and the services are provided on an "as is" basis. Stutalk makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site. Stutalk disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Stutalk makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free. Stutalk does not warrant that the site or its services are free of computer viruses or other harmful materials. Nor does Stutalk make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppels or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6. Limitation on Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall Stutalk, its affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services ("Stutalk affiliates"), be liable to you in any manner whatsoever:
- For any decision made or action or non-action taken by you in reliance upon the information provided through the services;
- For loss or inaccuracy of data or cost of procurement of substitute goods, services or technology;
- For any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if Stutalk has been advised of the possibility of such damages. Your sole and exclusive remedy with respect to the use of any services provided by Stutalk shall be cancellation of your membership to the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
7. Term, Termination
This Agreement shall be effective for as long as you use the Services. Either you or Stutalk may terminate this Agreement with or without cause at any time without any notice to the other party. Stutalk may terminate this Agreement immediately if, based on Stutalk's sole judgment, it determines that you have
- breached this Agreement or the Guidelines established for the use of Stutalk Services or Site,
- infringed or violated any intellectual property right of Stutalk or
- infringed or violated any intellectual property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Services. Neither Stutalk nor any Stutalk Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement. Upon termination of this Agreement, the perpetual license you have granted to Stutalk shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
8. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Stutalk.
9. Severability
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.