Acceptance of the Terms of Service
Welcome to PaulSnodgrass.com (“I” or “we” or “us” or “our” or the “Company“).
We are excited to have you as a user and member of the community. The following terms and conditions (collectively, these “Terms of Service“) apply to your use of PaulSnodgrass.com (the “Website” or “Site“), including any content, functionality and services offered on or via the Site. The Terms of Service also include our following policies and disclosures:
Please read the Terms of Service carefully before you start using PaulSnodgrass.com, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we’ll be sad to see you go!), or contact us.
Changes to the Terms of Service and the Website
PaulSnodgrass.com is a work in progress, meaning that a lot will change in the near future. Any new features or tools which are added to the current Site shall also be subject to the Terms of Service.
We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. Of course, this document is public on PaulSnodgrass.com and you can review the most current version of the Terms of Service at any time on this page. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Accessing the Website, Security and Privacy
We are working hard on improving PaulSnodgrass.com, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features, for some users, at our discretion. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also the section titled Disclaimer of Warranties, Limitations of Liability and Indemnification below).
Our Site is not intended for children and you represent that you are at least the age of majority in your country, state or province of residence, or that you, being the age of majority in your country, state or province of residence, have given us your consent to allow any of your minor dependents to use this Site.
To access certain features of the Website you have to register by entering your email and/or choosing a password. You must treat such information as confidential, not disclosing it to any third party and only using PaulSnodgrass.com in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you to choose a strong password (e.g. “LongPassw0rdWithNumb3rs&CAPS!!”) and that you log out from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As is the custom for internet websites, we reserve the right to disable any user account, at any time at our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.
Intellectual Property Rights and Use Guidelines
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
The Website and its original content, features and functionality (including appearance), are owned by PaulSnodgrass.com and are protected by Swiss and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish any of the material on our Website, except to the extent permitted by the Website itself. If you have any doubts about whether you are allowed to or how to use any of the material on the Website, please address your concerns to us via our contact form.
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds).
For clarity, the foregoing license granted to us does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the Site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or to the Site that you may choose at your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
User Contributions and Content Standards
PaulSnodgrass.com contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organisation.
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
User Content is not intended to be legal, medical or business advice nor form any professional-client relationship, nor among the users, nor between the users and us. Use of the Website should never be understood to replace the use of a qualified professional in any way, and PaulSnodgrass.com’s relationship to all documents and transactions completed using the Website is that of a trusted, disinterested third party. If you require the services of a professional, please seek the help of a professional.
Law and Copyright Infringment
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow this procedure and provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 us to locate the material.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- A statement that you, in good faith, believe that use of the material in the manner complained of, is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to support@PaulSnodgrass.com.
Payments and Billing
Prices for any of our products or services are subject to change without notice.
In order to process purchases on the Site we may utilise third-party payment processing services. By submitting your data, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information, you permit us to provide the information to these third parties subject to our Privacy Policy.
You represent that any credit card(s) or other payment method(s) used in connection with any purchase made on the Site is such that you have a legal right to use such credit card(s) or other payment method(s) and that any such information provided by you to us is accurate, complete and in compliance with all applicable laws, rules and regulations.
We will not be held liable for errors in content, description or price of the product or services available on the Site and reserve the right to cancel or refuse any order at any time, for any reason, including but not limited to, suspected illegal or fraudulent activity.
Links to Other Websites
The Site may include links to third-party websites and/or other services which are not owned or controlled by us.
We assume no responsibility for, nor endorse the content of, any of the linked websites. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge that all content, goods or services accessed through such third-party websites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of PaulSnodgrass.com is at your sole risk. The service is provided “as–is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Australia or the courts of the state of South Australia.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PaulSnodgrass.com and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback
If you have any feedback or questions about these Terms of Service, please contact us.
Last Updated: September 5, 2024