Terms of Use
TERMS AND CONDITIONS OF USE
Please read the following “terms and conditions of use” very carefully. They, exclusively, set out the terms, provisions, and conditions under which you may access and use this website. By using this website, you accept and agree that you are indicating, irrevocably, that you understand, accept, and agree to all of the following terms, provisions, and conditions. If you do not agree to any of the following terms, provisions, and conditions, your use of this website is unauthorized and you may not use this website.
Current As Of: June 1, 2019
1. INTRODUCTION
Welcome to stevesweave.net. The web pages available at http://www.stevesweave.net, as well as all linked pages (hereinafter “Steve’s Weave”), are owned and operated by Steve’s Weave, Inc. (“SWI”), a Delaware corporation. SWI makes Steve’s Weave available for your use subject to all of the terms, provisions, and conditions set out in this document, as may be revised from time to time by SWI.
SWI offers and provides a variety of information and services through its websites, ideas, programs, computer servers, and other communications, including, but not limited to, internet listings about environmental issues, sustainability, conservation, and consumption; environmental advocacy; and certain email services. (The totality of the foregoing is referred to in these Terms and Conditions of Use as “the website,” “this website,” “our website,” and/or as "Steve’s Weave.")
2. YOUR ACCEPTANCE OF ALL TERMS, PROVISIONS, AND CONDITIONS CONTAINED HEREIN
By accessing and/or using Steve’s Weave in any way, or by merely browsing Steve’s Weave, you hereby accept and agree that you are a "user" of Steve’s Weave, and that you understand, accept, and agree to be bound by all of the terms below (the "Terms and Conditions of Use" or "TCU") as a legal and binding contract between you and SWI. You further accept and agree that the TCU include and incorporate any and all additional terms and/or guidelines set out in any and all individual pages, categories, and/or services accessible on Steve’s Weave, including, but not limited to, its Privacy Policy. At any time, SWI may post changes, revisions, and/or alterations to the TCU; you accept and agree that any and all such changes, revisions, and/or alterations will be applicable to any and all subsequent access to, and/or use of, Steve’s Weave, by you and/or by any and all other parties acting on your behalf, and that your continued use of Steve’s Weave constitutes your acceptance of all such changes, revisions, and/or alterations to the TCU at the time of such use.
You accept and agree that you are solely responsible for reviewing the TCU with reasonable frequency, for reasons that include, but are not limited to, checking for changes, revisions, and/or alterations to the TCU. You accept and agree that SWI has no obligation to send you notices of changes to the website and/or to the TCU, though SWI may, at its sole discretion, do so.
If you do not entirely accept and agree to be bound by all of the parts, terms, conditions, and provisions of the TCU, now or at any point in the future, you accept and agree that this constitutes your rejection of the TCU, and that you must immediately terminate your access to, and use of, any and all of Steve’s Weave, and that any and all of your continuing access to, engagement with, and/or use of any and all of Steve’s Weave is not authorized and is expressly prohibited.
In addition, if you violate any part(s), term(s), provision(s), and/or condition(s) of the TCU, your authorization to use any and all of Steve’s Weave shall automatically terminate, and you must immediately terminate your access to, and use of, any and all of Steve’s Weave; further, any and all things downloaded and/or printed by you, and/or by anyone acting on your behalf, from Steve’s Weave, whether authorized or unauthorized, must be immediately destroyed.
You agree, as a condition of your use of Steve’s Weave, to comply with, and to ensure compliance with, all laws, ordinances, and/or regulations applicable to any and all of your activities on Steve’s Weave.
You accept and agree that Steve’s Weave may contain technical, typographical, and/or other mistakes, errors, and/or inaccuracies.
3. YOUR LICENSE TO USE STEVE’S WEAVE
You accept and agree that the TCU grant you a limited, revocable, nonexclusive license to access and/or use Steve’s Weave, and this for your personal use only, and this solely in compliance with all of the terms of the TCU.
You accept and agree that this license granted herein does not include any right or rights to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, duplicate, collect, aggregate, display, and/or make any other derivative use of any and all aspects of Steve’s Weave and/or of any and all of its content, nor to any use of spiders, robots, data mining, site search/retrieval application(s), and/or any and all other mass data-gathering and/or extracting tools, unless expressly permitted by SWI and/or as otherwise set forth in the TCU.
Further, you accept any agree that you, and/or anyone or any entity acting on your behalf, can never assign and/or transfer any of the right(s) and/or license(s) granted by and/or under this TCU.
Your using Steve’s Weave in any way that violates any part(s), term(s), provision(s), and/or condition(s) of the TCU, and/or that is in any way outside of and/or beyond the authorizations set forth in the TCU, immediately terminates any and all permissions and/or licenses granted to you herein.
All rights not expressly granted in these TCU are reserved to SWI.
4. AGE AND COMPETENCY REQUIREMENTS
Steve’s Weave is aimed, intended, conceived, and designed exclusively for lawful use by persons thirteen (13) years of age or older. You hereby affirm that you meet at least one of the three following criteria for authorization and permission to access and/or use Steve’s Weave: (1) you are 18 (eighteen) years of age or older; (2) you are an emancipated minor; or (3) you legally possess legally competent parental and/or guardian consent to access Steve’s Weave. Further, you hereby affirm that you understand and are fully able and competent to enter into all of the terms, conditions, limitations, restrictions, obligations, affirmations, requirements, representations, and/or warranties, etc., set out in the TCU, and that you are fully able and competent to abide by and comply with all of the terms, conditions, limitations, restrictions, obligations, affirmations, requirements, representations, and/or warranties, etc., set out in the TCU.
AN IMPORTANT NOTICE TO CHILDREN UNDER 13 (THIRTEEN) YEARS OF AGE AND TO THEIR PARENT(S) OR GUARDIAN(S)
Steve’s Weave, in whole and in part, is not intended for persons under 13 (thirteen) years of age. If you are under 13 years of age, YOUR USE OF THIS WEBSITE IS NOT AUTHORIZED, AND YOU MUST NOT USE IT. Further, if you are under 13 years of age, we respectfully request that you do not send to SWI, and/or to any SWI Personnel, any information relating and/or pertaining to you (including, but not limited to, information that would generally be considered personal, including, but not limited to, your name, an image of you, your email address[es], and/or any and all of your contact information). If you are under age 13 and want to contact SWI, you may do so only via your parent(s) or legal guardian(s).
5. WEBSITE REGULATION
You accept and agree that SWI has no control over, and no obligation or duty to take any action regarding, which users gain access to Steve’s Weave and use the services and/or content available on and/or via Steve’s Weave.
SWI has, and shall maintain, the right, but not the obligation, to view and regulate any and all content posted upon, stored with, or transmitted via Steve’s Weave by any user (and by any other party, however such parties access Steve’s Weave); to monitor and regulate any and all conduct by any and all users of Steve’s Weave; and to enforce any and all terms of SWI’s TCU; you accept and agree that SWI may do any and all of the foregoing for any reason and/or justification, and in any way and/or by any means, that SWI, at its exclusive discretion, deems necessary, warranted, and/or desirable. SWI may, at any time, at its exclusive discretion and without the requirement of notifying any third party or parties, begin, terminate, or alter any measures of regulation and/or enforcement. Any and all SWI action or inaction to regulate any content and/or user conduct relating to Steve’s Weave, and/or to enforce or not enforce any violation or believed violation of the TCU by any Steve’s Weave user (and/or by any other party), shall not be construed as a waiver of SWI's right to act on any and all regulation and/or enforcement measures pertinent to any and all content, conduct, and/or potential TCU violations occurring at any later time.
You accept and agree that any and all actions, and/or lack of action, by SWI and/or any of its directors, officers, employees, partners, assigns, affiliates, agents, attorneys, stockholders, licensors, consultants, agents, publicists, or representatives (in this document, collectively known as "SWI Personnel") to regulate content (which may include restricting, editing, redressing, and/or preventing it) and/or to act against any content, conduct, and/or potential TCU violation(s) is undertaken voluntarily and in good faith. You further accept and agree that neither SWI nor any SWI Personnel shall, in any way, be liable to you, and/or to anyone else, for any and all actions, or lack of action, for any of the foregoing.
Although SWI can, at SWI’s sole discretion, regulate any- and every-thing about and concerning Steve’s Weave, you acknowledge and agree that no SWI Personnel has the authority to enter into and/or establish any commitments, promises and/or representations that they, or anyone else, will treat, act on, handle, and/or resolve anything regarding Steve’s Weave, including, but not limited to, any and all alleged problems and/or complaints. You further acknowledge and agree that no SWI Personnel, or anyone else, will ever be obliged to diagnose, fix, treat, stop, and/or prevent problems of any kind relating to Steve’s Weave (including, but not limited to, problems relating to content and/or conduct on Steve’s Weave, as well as any alleged TCU violation or violations) from happening in the present and/or in the future.
In light of this, you accept and agree that any and all representations made by any and all SWI Personnel, or made by anyone else, that SWI, its Personnel, and/or anyone else regulate content (which may include, but is not limited to, restricting, modifying, redressing, preventing, editing, blocking, screening, reviewing, moderating, terminating, and/or deleting it) and/or act against any content problems, conduct problems, and/or possible violation(s) of the TCU, is superseded by the above, and that all such representations are both nonbinding and unenforceable.
You additionally agree that SWI, any and all SWI Personnel, and/or anyone else, shall at no time and in no way be liable for any and all representations made by anyone that SWI, any and all SWI Personnel, and/or anyone else would or would not regulate and/or not regulate any Steve’s Weave content (including, but not limited to, restricting, redressing, and/or preventing it), and/or to act against any content issues, conduct issues, and/or possible violation(s) of the TCU. You accept and agree that this paragraph may not be changed, suspended, and/or cancelled except by an agreement set out in writing and dated and signed by both SWI's Chief Executive Officer and by the person or legal entity to whom the change, suspension, and/or cancellation is given.
You accept and agree that SWI – at its exclusive discretion, at any time, with or without notice – has the right to modify (including, but not limited to, restricting, reducing, changing, altering, blocking, freezing, interrupting, suspending, halting, and/or terminating) any and all aspects of Steve’s Weave, or any part thereof. You accept and agree that this includes, but is not limited to, all rights of deactivating and/or deleting your account, blocking your e-mail and/or IP address(es), and/or otherwise terminating your access to and/or use of any part(s) or all of Steve’s Weave, and that if SWI has done any of the foregoing, you will never again attempt to access and/or use Steve’s Weave or any part thereof. You further accept and agree that SWI – at its sole discretion, for any reason, or for no reason at all – can delete and discard any and all content that you, and/or any third party acting on your behalf, have or has posted and/or otherwise introduced to Steve’s Weave. You accept and agree that SWI, and/or any and all SWI Personnel, will bear no liability for any such actions outlined in this paragraph, and/or for any and all losses, harm, and/or damages, real and/or purported, arising from or related thereto.
6. WEBSITE CONTENT
You acknowledge and agree that SWI does not monitor, verify, pre-screen, approve, endorse, and/or control any content that is in any way associated with Steve’s Weave, including, but not limited to, content that is posted on, stored on, e-mailed by, and/or transmitted via Steve’s Weave. You accept and agree that SWI is not responsible for any and all such content, and that SWI makes no claims, representations, and/or warranties with respect to any and all such content.
You accept and agree that you, exclusively, are responsible for all of your access to, engagement with, use of, and/or reliance on any and all content that is in any way associated with Steve’s Weave (including, but not limited to, content that is posted on, stored on, e-mailed by, and/or transmitted via Steve’s Weave), as well as any and all effects the content has and/or may have on you, how you may interpret and/or use the content, and/or what actions you may take as a result of having been exposed to the content.
You accept and agree that, by using Steve’s Weave, you may be exposed to content that is offensive, false, fraudulent, indecent, abusive, unreliable, inaccurate, misleading, and/or objectionable in other ways. You accept and agree that you, exclusively, must evaluate, are responsible for, and must bear all risks associated with the use of, and/or access to, any and all content that is in any way associated with Steve’s Weave (including, but not limited to, content that is posted on, stored on, e-mailed by, and/or transmitted via Steve’s Weave), and that you should not rely on any and all of this content. You accept and agree that under no circumstances will SWI and/or any and all SWI Personnel be in any way liable for any and all content that is in any way associated with Steve’s Weave (including, but not limited to, content that is posted on, stored on, e-mailed by, and/or transmitted via Steve’s Weave) and/or for any loss and/or damage of any kind incurred by you, and/or by any other party or parties, as a result of any use of any and all such content. You accept and agree that you must conduct any and all reasonable, necessary, appropriate, prudent, and/or judicious research, verification, and/or due diligence with regards to any such content, and that it is your sole responsibility to do so.
You accept and agree that SWI, at its exclusive and absolute discretion, may refuse, delete, or move any and all content that is, or may be, posted on, stored on, and/or is otherwise available on and/or via Steve’s Weave; you accept and agree that SWI can do any or all of the foregoing if the content violates the TCU, for any other reason, or for no reason at all.
You accept and agree that Steve’s Weave, and/or any content available on or via Steve’s Weave, may contain links to other websites, and that all such other websites are entirely independent of, and unrelated to, SWI. If you link to any other website or websites via Steve’s Weave and/or via any content available on or via Steve’s Weave, you may be subject to the terms, guidelines, conditions, provisions, and/or other policies of such website(s). You accept and agree that SWI makes no representation, warranty, and/or guarantee of any kind regarding any and all such websites (including, but not limited to, any representation, warranty, and/or guarantee concerning any and all content available on or via such websites, which includes, but is not limited to, any representation, warranty, and/or guarantee as to the content’s accuracy, legality, offensiveness, reliability, and/or authenticity). You accept and agree that any and all of your linking to other websites via Steve’s Weave and/or via any content available on or via Steve’s Weave is done completely at your own risk; SWI expressly disclaims any and all liability therefor.
A. Prohibited Content
Certain content is prohibited from Steve’s Weave; you agree never to introduce any such content to Steve’s Weave, by any and all means that now exist (including, but not limited to, by posting, e-mailing, copying, distributing, sharing, linking, and/or otherwise transmitting such content) and/or by any means that will exist at any time in the future.
This prohibited content includes, but is not limited to: (1) content that is, in whole or in part, illegal in any jurisdiction and/or that violates any law; (2) content that, in whole or in part, assists in creating, selling, promoting, advertising, distributing, providing, transporting, and/or receiving, etc., any and all goods and/or services that, in any jurisdiction, is or are illegal; (3) content that is patented or protected by copyright, trademark, and/or trade secret, and/or is otherwise subject to any proprietary rights, including publicity and/or privacy rights, held by any third party or parties (save if you are the current owner of all necessary and applicable such rights or have current legally binding permission and/or a license from the rightful owner[s] of all such rights to post, publish, distribute, and exploit all such content at the time you do so, as well as the current legally binding right to grant SWI all of the license rights granted in this TCU); (4) content that, in part or in whole, infringes any of the intellectual property or other rights cited in heading 7, below, of any party or parties; (5) content that you do not have the full legal right to make available, as determined by any law in force in any jurisdiction and/or under any contractual and/or fiduciary relationship(s) in force in any jurisdiction; (6) content that contains and/or uses a false, forged, fraudulent, misleading, and/or deceptive identifier or identifiers (including, but not limited to, email addresses, logos, brand or commercial names, and/or headers) whose design and/or intent is to hide and/or disguise the source and/or origin of any and all content posted on and/or transmitted via Steve’s Weave; (7) content that includes any form of communication, advertising, and/or solicitation when such content is posted in an area or areas and/or in a category or categories of Steve’s Weave not specifically designated by SWI for such content, and/or not appropriate for such content; (8) content that would generally be considered offensive, harmful, obscene, pornographic, abusive, hateful, harassing, derogatory, defamatory, slandering, libelous, invasive of anyone’s privacy and/or other rights, and/or intending to threaten or to imply a threat; (9) content that derogates, harasses, insults, degrades, intimidates, and/or is hateful toward any individual and/or group based on his, her, or their gender, religion, race, sexual orientation, ethnicity, age, and/or physical attributes and/or condition; (10) content that, directly or indirectly, reveals any personal, identifying, confidential, and/or proprietary information pertaining to any person and/or entity (including, but not limited to, business, corporation, organization, and/or institution) who or that is not the poster of the information;
(11) content that is misrepresentative, deceptive, misleading, misinformative, false, deceitful, and/or fraudulent, including, but not limited to, content that impersonates any person, business, corporation, organization, institution, and/or other entity, and/or falsely and/or misleadingly states, claims, and/or represents any affiliation with any person, business, corporation, organization, institution, and/or other entity; (12) content that would generally be considered a ‘bait and switch’ offer; (13) content that would generally be considered as, make up, and/or be part of chain letters, affiliate marketing, link referral code, pyramid schemes, junk mail, spam, and/or unsolicited commercial communications; (14) content that impedes, hampers, destroys, complicates, corrupts, interrupts, slows, disrupts, limits, cancels, and/or in any other way negatively affects the normal functioning and/or presentation of Steve’s Weave and/or of any and all of its content (including, but not limited to, any and all postings, e-mails, links, organization, and/or visual displays), including, but not limited to, by any and all means of sending and/or transmitting a large quantity or quantities of messages (also known as flooding or committing a flooding attack) and/or by committing throttle violations; (15) content that would generally be considered malicious (including, but not limited to, malware and/or spyware) and/or that contains any computer code(s), file(s), and/or program(s) (including, but not limited to, a software virus or viruses) that is or are intended and/or designed to impede, hamper, destroy, corrupt, complicate, slow, copy, disrupt, interrupt, cancel, and/or in any other way limit and/or reduce the functionality of any electric system, telecommunications equipment and/or system, and/or computer software and/or hardware; (16) content that promotes and/or advertises the sale of anything that is prohibited, illegal, and/or restricted by any applicable law and/or promotes and/or advertises any illegal service or services; (17) content that would reasonably be considered keyword stuffing and/or keyword spamming; (18) content that advertises, promotes, encourages, abets, recommends, suggests, advocates, organizes, solicits, describes, and/or instructs in, etc., violence in any form; (19) content that advertises, promotes, proposes, encourages, abets, recommends, suggests, advocates, organizes, solicits, describes, and/or instructs in, etc., sexual encounters, relationships, interactions, communications and meetings (online and/or offline), and/or imagery, etc., in any form; (20) content that offers, advertises, promotes, proposes, encourages, abets, recommends, suggests, advocates, organizes, solicits, describes, and/or instructs about, etc., illegal prostitution, child pornography, and/or bestiality;
(21) content that offers, advertises, promotes, proposes, encourages the use of, recommends, suggests, advocates, organizes, solicits, describes, and/or instructs in the use of any of the following: (a) hazardous materials; (b) weapons, firearms, guns, munitions, explosives, ammunition, clips, cartridges, gunpowder, etc., including any of their component parts; (c) tobacco, alcohol and alcoholic beverages, unpackaged or adulterated food, beverages, cosmetics and other personal-care items; (d) medical implements, prescription and over-the-counter drugs; (e) controlled substances and/or objects and/or ideas and procedures related thereto; (f) stolen goods or property, burglary tools and/or other objects used for stealing and/or any other activity that is illegal in any jurisdiction; (g) human- and animal-organ trafficking, and/or body parts and/or fluids; (h) pirated goods, counterfeits, and the like; (i) things that hold restrictions on their transfer of use or title, including, but not limited to, gift cards and/or certificates; (j) activity or items relating to gambling, including, but not limited to, raffle tickets, sweepstakes entries and lottery participation; (k) official and/or government documents, including, but not limited to, passports, driver's and/or other licenses, ID cards, police insignia, and birth certificates; (22) content that offers, promotes, advertises, and/or provides links to any and all products and/or services that, if used in conjunction with Steve’s Weave, would violate SWI’s TCU and/or violate and/or infringe upon any legal rights possessed by SWI.
Additional prohibitions regarding content on Steve’s Weave may be noted and/or included elsewhere on the website; you accept and agree that any and all of these prohibitions are to be considered part of SWI’s TCU.
7. RIGHTS AND PERMISSIONS
SWI does not, and will never, knowingly permit and/or be party to any activity and/or activities that infringe on any copyrights and/or on any intellectual property rights.
You represent, warrant, and affirm that you currently have and own all rights, licenses, permissions, and consents (including, but not limited to, all copyrights, patents, trade secrets, trademarks, and other proprietary rights) legally required to use any and all content that you, and/or anyone acting on your behalf, use on and/or via Steve’s Weave (such use includes, but is not limited to, uploading, posting, publishing, storing, linking, e-mailing, and/or transmitting); further, you authorize SWI to use any and all such content in any and all ways consistent with the forms and functions of Steve’s Weave, and/or to render any and all such content to be consistent with the forms and functions of Steve’s Weave.
You accept and agree that, by accessing and/or using Steve’s Weave, you grant and assign to SWI, its affiliates, licensees, and successors, an unlimited, worldwide, irrevocable, non-cancellable, perpetual, non-exclusive, transferrable, royalty-free, and entirely sub-licensable license to use, for any purpose, and in any means now known (including, but not limited to, posting, reproducing, copying, displaying, editing, modifying, distributing, transmitting, disseminating, e-mailing, sublicensing, hosting, caching, indexing, tagging, encoding, adapting, publicly performing, advertising, and/or participating in and/or preparing works that can be considered derivative of your post) or later devised, any and all content that you, and/or any party on your behalf, submit(s) to and/or post(s) on Steve’s Weave; you further represent and warrant that you currently have the unencumbered right or rights to make this grant and assignment.
You accept and agree that you also grant each and every user of Steve’s Weave, and to all third-party licensee websites, applications, and services, a non-exclusive, royalty-free, worldwide license to access and/or use (including, but not limited to, through widgets, RSS feeds, and other methods similar or dissimilar, now known or later devised) any and all content that you post on, upload to, link to, and/or transmit via Steve’s Weave.
In addition, you explicitly grant and assign to SWI – for use with any and all parties for any and all purposes – any and all rights and/or causes of action required to allow, permit, bar, and/or ban any and all subsequent use and/or uses of any and all content that you, and/or anyone acting on your behalf, post or posts on Steve’s Weave; such use includes, but is not limited to, displaying, copying, performing, reproducing, duplicating, disseminating, exploiting, collecting, selling, sublicensing, hosting, caching, indexing, tagging, encoding, adapting, downloading, harvesting, extracting, advertising, aggregating, and/or producing works that can be considered derivative of whatever content you, or anyone acting on your behalf, post or posts on Steve’s Weave.
8. WEBSITE ACTIVITY
You accept and agree that any and all activity by Steve’s Weave users, and/or by parties on behalf of Steve’s Weave users, is not monitored, verified, pre-screened, approved, endorsed, and/or controlled by SWI; you further accept and agree that SWI holds no responsibility for any and all such activity, and that SWI makes no representations and/or warranties of any kind regarding any and all user(s) or user activity. You accept and agree that you, exclusively, are responsible for any and all of your involvement with and/or reliance on any and all Steve’s Weave user(s) or user activity. You accept and agree that you must conduct any and all reasonable, necessary, appropriate, prudent, and/or judicious research, verification, and/or due diligence with regards to any such user activity, and that it is your sole responsibility to do so. You accept and agree that your every use of Steve’s Weave (including, but not limited to, your every use of any content posted on, linked via, and/or transmitted via Steve’s Weave, as well as all of Steve’s Weave’s functions) is at your own risk.
You accept and agree that you, exclusively, are responsible for any and all of your own conduct and/or activities on, via, or regarding Steve’s Weave, as well as for any and all of the conduct and/or activities on, via, and/or regarding Steve’s Weave conducted by any third party or parties on your behalf. You accept and agree that all of the same applies to any and all conduct and/or activities transpiring on any and all accounts you have and/or create, under any name, on Steve’s Weave and/or on any and all Steve’s Weave accounts, under any name, that are used on your behalf.
A. Prohibited Activity
You accept and agree that certain activity is not authorized by SWI and is prohibited on Steve’s Weave, and that you will never engage in, and/or assist in the engaging in, any such activity; examples include, but are not limited to:
(1) posting and/or linking any and all content outside the area(s) to which it is pertinent; (2) posting and/or linking the same or similar content with a frequency that would generally be considered excessive and/or of no useful purpose; (3) imposing any excessive and/or unreasonable loads on our servers, computer systems, and/or other infrastructure; (4) collecting, gathering, harvesting, scraping, and/or storing any and all personal data about any and all people and/or entities (including, but not limited to, businesses, corporations, and/or organizations) for any purpose(s) that violate(s) any law in any jurisdiction; (5) making libelous and/or defamatory remarks, postings, and/or comments about, to, and/or against any person and/or group; (6) contacting anyone and/or any entity (including, but not limited to, business, corporation, and/or organization) who or that has asked not to be contacted, and/or making any unsolicited contact with anyone and/or any entity (including, but not limited to, business, corporation, and/or organization) for any and all commercial purposes; (7) stalking and/or otherwise harassing any user and/or users of Steve’s Weave; (8) attempting to gain unauthorized access to any or all computer systems used by, owned, and/or controlled by SWI; (9) engaging in and/or collaborating with any other person and/or entity (including, but not limited to, business, corporation, and/or organization) who or that engages in any activity that impedes, hampers, destroys, infects, complicates, interrupts, disrupts, corrupts, slows, cancels, limits, and/or in any other way negatively affects the normal functioning and/or presentation of Steve’s Weave and/or of any and all of its content (including, but not limited to, any and all postings, e-mails, links, organization, and/or visual displays); (10) ‘Marking for Review,’ attempting to remove, and/or removing any and all posts (including, but not limited to, posts made by persons and/or entities who or that would generally be considered to be your competitors) without the full good-faith belief that the post violates the TCU and/or any applicable law and/or regulation in force at the time of your action; (11) using any automated means (including, but not limited to, crawlers, robots, spiders, site search/retrieval application[s], and/or data mining tools) to download and/or scrape data from Steve’s Weave; however, SWI waives this prohibition for legitimate broad-based search engines (i.e., Bing, Google, Yahoo, or similar) and for non-commercial public archives (e.g., archive.org) that comply with all of our technical and/or data processing standards and requirements.
You accept and agree that you will never write, state, and/or suggest that SWI or Steve’s Weave promotes and/or endorses any causes, ideas, websites, products, services, etc., including, but not limited to, any causes, ideas, websites, products, services, etc., in any way linked and/or associated with you.
9. UPLOADING INFORMATION – WHERE AND HOW
(You accept and agree that all of the information included in this section 9 applies to any and all uses and users of Steve’s Weave, as well as to anyone, or any entity, using Steve’s Weave on behalf of any third party or parties. However, SWI has and maintains, exclusively, the discretion to authorize exceptions for an individual user or users to any of the terms of this section 9; such exceptions must be set out in a written agreement, signed by SWI’s CEO. SWI also has and maintains the exclusive discretion to deny any and all such exceptions.)
You accept and agree that Steve’s Weave is intended and designed to be area-specific. A user may post content only to the specific geographic area or areas listed on Steve’s Weave where that content is significantly pertinent. You accept and agree that you, and/or anyone and/or any entity acting on your behalf, will not post content to any geographic area that is not significantly pertinent.
You further accept and agree that Steve’s Weave is intended and designed to be category-specific. A user may post identical and/or significantly similar content only in the Steve’s Weave category (or sub-category, if it exists) where it most applies. You accept and agree that you, and/or anyone and/or any entity acting on your behalf, will not post content to any category and/or sub-category where it does not significantly apply.
You accept and agree that you, and/or anyone and/or any entity acting on your behalf, will not, in whole or in part, cancel, corrupt, neutralize, negate, and/or circumvent any measure set up and/or used by SWI to organize, classify, display, and/or restrict the means and/or methods by which content can be stored and/or posted on Steve’s Weave. You accept and agree that you, and/or anyone and/or any entity acting on your behalf, will not, in whole or in part, cancel, corrupt, neutralize, negate, regulate, and/or circumvent the means and/or methods by which content can be communicated and/or transmitted to anyone, or any entity, anywhere; this includes, but is not limited to, the communication and/or transmission of any and all e-mail messages.
You accept and agree that you will not use, and/or cause to be used: more than one e-mail address; more than one IP address; URL distortion and/or manipulation; any means of circumventing CAPTCHA verifications; content disguising, distorting, and/or obfuscation; more than one Steve’s Weave account; a fraudulent Steve’s Weave account (or more than one such account), and/or any other means and/or methods of violating the terms outlined in this section.
Your posting content that is not solely for your own use and posted on your own behalf is prohibited. You accept and agree that you will not allow, abet, assist, facilitate, and/or persuade any third party or parties to post content for you and/or on your behalf.
You accept and agree that you must post all of your Steve’s Weave content by yourself, and without using any means and/or methods that may be considered automated. Disseminating, giving away, offering information about, marketing, selling, and/or otherwise making available any and all means to automate the process of posting to Steve’s Weave is explicitly prohibited. You accept and agree that any person who and/or any company, corporation, organization, and/or other entity that violates, in whole or in part, any of the prohibitions set out in this paragraph will be legally liable to SWI for any and all occasions when such prohibitions are violated, including, but not limited to, full liability for timely payment of all legal, attorneys', and/or related fees and/or costs incurred by SWI.
10. WEBSITE ACCOUNTS
Any individual user can create and, thereafter, use one account (i.e., register) on Steve’s Weave. If you create an account on Steve’s Weave, you accept and agree that you will use only this one account, that you will set the account up without the assistance of any automated methods or means, and that the account is and will permanently be for your exclusive use. You accept and agree that you are prohibited from creating an account or accounts for any third party, from using any account(s) created by any third party or parties, and from allowing, empowering, influencing, abetting, and/or assisting any third party or parties to set up an account or accounts for anyone save themselves. It is prohibited to buy and/or sell SWI accounts and to create a fraudulent account or accounts.
You accept and agree that if you create an account on Steve’s Weave, under any name, you are entirely responsible for:
(a) any and all use of the account, including, but not limited to, being entirely responsible for any and all content uploaded to, posted on, stored on, linked from, e-mailed to and/or from, and/or transmitted to and/or via the account; (b) any and all consequences (including, but not limited to, damages and/or liability) that arise from the use of the account, including, but not limited to, any and all consequences that arise from uploading, posting, publishing, storing, linking, e-mailing, and/or transmitting content on, to, and/or via the account; and (c) maintaining the confidentiality of all information relating to the account (including, but not limited to, the account name, account number, and account password). You further accept and agree that all of the responsibilities set out in this paragraph apply to any account or accounts that you, and/or anyone acting your behalf, set up and/or use in violation of any of the terms of the TCU.
11. MARKING FOR REVIEW
You accept and agree that you will only Mark For Review any Steve’s Weave content if you believe, substantially and in good faith, that the content is inappropriate, significantly incorrect, and/or violates any TCU provision(s); you further accept and agree that you will Mark For Review any posting one time only. You accept and agree that you will not ask, suggest, influence, abet, empower, and/or assist any third party or parties to Mark For Review any Steve’s Weave content. You accept and agree that you will only Mark For Review personally and manually, and that you will not use any automated methods and/or means of doing so.
12. FIGHTING SPAM
You accept and agree that you will never send any unsolicited e-mail(s) and/or any and all other form(s) of unsolicited communication(s) to and/or via Steve’s Weave e-mail addresses and/or SWI computers and/or other infrastructure; you further accept and agree that you will never ask, suggest, influence, abet, empower, allow, and/or assist any third party or parties to send any unsolicited e-mail(s) and/or any and all other form(s) of unsolicited communication(s) to and/or via Steve’s Weave e-mail addresses and/or SWI computers and/or other infrastructure. You accept and agree that SWI, at its sole discretion, can monitor, using any means at its disposal, any and all e-mail(s) sent via its computers, systems, and/or infrastructure in order to control, reduce, mark, flag, refer to, and/or eliminate such unsolicited e-mail(s) and/or other forms of unsolicited communication(s). You understand and agree that violating laws against sending unsolicited e-mail(s) and/or other forms of unsolicited communication(s) may subject the sender(s), and/or any party or parties acting on his, her, or their behalf, to civil and/or criminal penalties.
13. INTELLECTUAL PROPERTY: RIGHTS AND RESTRICTIONS
Regarding any and all aspects of and/or content accessible on Steve’s Weave (including, but not limited to, any and all words, images, sounds, music, videos, graphics, photographs, illustrations, scripts, displays, software, and/or interactive aspects, as well as all logos, service marks, and/or trademarks) other than what you have licensed to SWI under all applicable terms of the TCU: you accept and agree that all such aspects and content are owned by, or licensed to, SWI, and that all are subject to all copyright and other intellectual property rights in force under United States laws and under foreign laws, and under all pertinent international conventions.
You further accept and agree that all content shown and/or otherwise presented on and/or via Steve’s Weave is protected by all applicable copyright laws, other laws, and international conventions as a collective work and/or compilation.
You accept and agree that SWI prohibits any and all transferring, copying, and/or otherwise reproducing any and all content and/or aspects of Steve’s Weave to any server and/or location for further reproduction and/or redistribution.
You accept and agree that if you, and/or anyone or any entity acting on your behalf, download and/or physically reproduce, in any way, a copy or copies of any aspect(s) and/or content found on and/or via Steve’s Weave, you must and will retain all copyright and/or other proprietary notices contained therein in precisely the form in which they originally appear.
You accept and agree that SWI prohibits any and all reverse engineering, disassembling, decompiling, and/or other methods of determining any and all source code used by, contained in, and/or associated with Steve’s Weave, and that you will not do so.
SWI reserves all rights to Steve’s Weave, and to all of its aspects and content, that are not expressly granted in the TCU.
14. ADDITIONAL PROHIBITIONS
You accept and agree that all of the information included in this section 14 applies to any and all uses and users of Steve’s Weave, as well as to anyone, or any entity, using Steve’s Weave on behalf of any third party or parties. However, SWI has and maintains, exclusively, the discretion to authorize exceptions for an individual user or users to any of the terms of this section 14; such exceptions must be set out in a written agreement, signed by SWI’s CEO. SWI also has and maintains the exclusive discretion to deny any and all such exceptions.
You accept and agree that all of the following are unauthorized, barred, and prohibited:
(a) any and all access to and/or acts, activities, and/or operations in any way regarding Steve’s Weave that may be considered inappropriate for, detrimental to, and/or intended to impair, corrupt, disrupt, disable, and/or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio, or quality of any part or all of Steve’s Weave; (b) posting and/or transmitting any communication(s) and/or solicitation(s) designed and/or intended to obtain password, account, and/or private information from any Steve’s Weave user(s) and/or harvesting and/or collecting any and all personal information about any Steve’s Weave user(s); (c) reproducing and/or disseminating any and all works that may be considered to derive from Steve’s Weave content; (d) bypassing, negating, neutralizing, and/or ‘getting around’ any and all limits, protections, and/or restrictions imposed by SWI on any and all of its accounts and/or content; (e) any and all attempts to access and/or manipulate any and all parts of Steve’s Weave with the intent to access, reproduce, simulate, and/or describe any Steve’s Weave object code and/or source code; (f) any and all activities (including but not limited to posting voluminous content) that are inconsistent with the use of Steve’s Weave in compliance with the TCU.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause, or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TCU.
15. ENGAGEMENTS
(In this TCU, “engagements” means any and all interactions between persons and/or entities (including, but not limited to, businesses, corporations, institutions, and/or organizations); such interactions include, but are not limited to, offerings, counter-offerings, bids, refusals, sales, payments, reimbursements, negotiations, representations, discussions, transactions, disputes, shipments, returns, and/or communications of any kind, at any place, in any language.)
You accept and agree that you are solely responsible for any and all of your engagements with any and all other parties (including, but not limited to, individuals, companies, corporations, organizations, and/or any other entities) that access and/or use Steve’s Weave.
You accept and agree that neither SWI nor any and all SWI Personnel are parties to, are involved in, and/or have an interest in any of your engagements on and/or via Steve’s Weave; that neither SWI nor any and all SWI Personnel make, or will make, any representations and/or warranties concerning any and all such engagements; and that neither SWI nor any and all SWI Personnel are, or shall be, liable and/or responsible for any and all such engagements.
You accept and agree that SWI does not endorse, recommend, guarantee, warrant, and/or assume responsibility for: (a) any and all engagements entered into by any and all parties on and/or through Steve’s Weave and/or through any and all websites connected to in any way, including via hyperlink, to Steve’s Weave; (b) any and all goods and/or services offered by, promoted on, advertised on, and/or referred to by any and all parties on and/or through Steve’s Weave and/or through any and all websites connected to in any way, including via hyperlink, to Steve’s Weave.
You accept and agree that you must conduct any and all reasonable, necessary, appropriate, prudent, and/or judicious research, verification, and/or due diligence with regards to any of your engagements, and that it is your sole responsibility to do so.
You accept and agree to indemnify and to hold harmless SWI and/or any and all SWI Personnel from and/or against any and all causes of action, claims, lawsuits, and/or demands made by, and/or damages claimed by, any and all third parties (including, but not limited to, individuals, companies, corporations, organizations, and/or any other entities) that in any way respond to, relate to, and/or arise from any and all of your engagements with any and all others (including, but not limited to, individuals, companies, corporations, organizations, and/or any other entities). In all cases and expressions of the preceding indemnification, your obligation includes, but is not limited to, full and timely payment of any and all legal, attorneys', and/or related fees and/or costs incurred by SWI and/or by any and all SWI Personnel.
16. CHARGES, FEES, PAYMENTS
Although you may conduct payments and/or other transactions on and/or via Steve’s Weave, including, but not limited to, payments and/or other transactions that use third-party vendors (including, but not limited to, PayPal), you accept and agree that SWI is in no way involved in any and all such transactions. You hereby acknowledge and agree that SWI is not a party to any and all such transactions, has no control over any part, aspect, and/or element of any and all such transactions, and shall have no liability of any kind, to any party, in connection with any and all such transactions.
You accept and agree that, for any and all postings to Steve’s Weave, as well as for any and all use or uses of Steve’s Weave functions, applications, products, aspects, features, services, licenses, and/or permissions, SWI can, but is not obliged to, charge a fee or fees, at any level. You accept and authorize SWI, and/or any agent or agents acting on its behalf, to charge and collect any and all such fees, including, but not limited to, fees charged to any of your PayPal accounts, debit cards, credit cards, and/or any other means of paying for such fees. You accept and agree that sales and/or other taxes may apply, and therefore be added, to any fees charged by SWI to you.
You accept and agree that you can not cancel any payment(s) and/or purchase(s) that you make via Steve’s Weave, except if such cancellation is required by law. You accept and agree that if you make a payment (including, but not limited to, via PayPal, a credit card, or a debit card) but such payment is turned down or rejected, a hold may be imposed on that transaction amount for some period of time.
You accept and agree that all SWI fees are nonrefundable (save when a legal necessity exists to refund such fees). You further accept and agree that SWI, at any time and at its exclusive discretion, can deny or terminate any posting or postings, and/or any attempt(s) to post, as well as any and all purchase(s) relating to same, and that when such posting(s) is/are denied or terminated by SWI, or by persons acting on behalf of SWI, all SWI fees collected for such posting(s) are nonrefundable (save when a legal necessity exists to refund such fees).
17. DISCLAIMERS
You accept and agree that your any and all use of Steve’s Weave is entirely at your own discretion and at your own risk, and that the entirety of Steve’s Weave (including, but not limited to, all of its uses, features, structures, applications, aspects, services, information, programs, references, and content) is offered and/or provided on the bases known legally as “as is” and/or “as available.” You further accept and agree that the entirety of Steve’s Weave (including, but not limited to, all of its uses, features, structures, applications, aspects, services, information, programs, references, and content) is offered and/or provided without any warranty or warranties of any kind. SWI expressly disclaims any and all liability for user content, including, but not limited to, any and all liability for anything arising from, related to, and/or in connection with such content. You accept and agree to fully assume any and all risks associated, in any way, with your accessing, using, processing, relying on, copying, distributing, disseminating, e-mailing, forwarding, buying on, selling on, referencing, etc., Steve’s Weave as well as with your accessing, using, processing, relying on, copying, distributing, disseminating, e-mailing, forwarding, buying, selling, referencing, etc., any and all content found on, referred to, and/or accessed via Steve’s Weave., both in any and all instances when such action(s) is/are authorized and in any and all instances when such action(s) is/are unauthorized and/or prohibited.
To the fullest extent permitted by law, SWI disclaims any and all express and implied warranties, including, but not limited to, any and all warranties of non-infringement of proprietary rights, fitness for a particular purpose, and/or merchantability. SWI, its directors, officers, employees, and agents disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, arising from and/or in connection with Steve’s Weave and your use thereof.
SWI makes no warranties and/or representations of any kind concerning the accuracy, truthfulness, and/or completeness of any and all content posted on and/or transmitted via Steve’s Weave and/or on and/or via any other websites linked to Steve’s Weave.
You accept and agree that the views, opinions, etc., present on the website (including, but not limited to, those in the website's Blog) are solely those or their original authors, interviewees, etc., and do not necessarily reflect the opinion or position of SWI, its directors, officers, employees, agents, and/or associates. You accept and agree that neither SWI, its directors, officers, employees, agents, associates, nor any person acting on their behalf may be held responsible for any information, views, opinions, etc., present on the website, nor for any use which may be made of any information, views, opinions, etc., present on the website.
In addition, SWI fully disclaims any and all responsibility, liability, and warranties for and/or relating to all of the following:
(a) any and all computer, internet, and/or related problems and/or difficulties (including, but not limited to, those in any way related to and/or arising from any and all spyware, viruses, computer and/or other worms, Trojan horses, adware, malicious code, malware, and/or other disruptive and/or damaging programs and/or content) arising from, obtained from and/or via, reproduced by, and/or distributed by and/or via Steve’s Weave and/or any programs and/or content and/or links accessed through Steve’s Weave; (b) any and all completed and/or possible engagements and/or transactions arising from and/or related to any and all use of Steve’s Weave; (c) any and all personal injury and/or property damage arising from, resulting from, and/or in any way related to any and all access to and/or use of Steve’s Weave (including, but not limited to, by you); (d) any and all advice, representations, and/or information provided and/or exchanged on and/or via Steve’s Weave, including, but not limited to, any and all loss(es) and/or damage(s) arising from and/or in any way related to any and all errors and/or omissions in any such advice, representations, and/or information; (e) any and all issues and/or matters of timeliness, security, correctness, use-value, performance, and/or reliability of Steve’s Weave and/or of any and all content transmitted via, relating to, present on, and/or arising from accessing and/or using Steve’s Weave; (f) any and all goods and/or services offered, bartered, and/or exchanged on and/or via Steve’s Weave; (g) any and all unauthorized use of and/or access to SWI’s servers, computer systems, and/or other infrastructure and/or any and all legal, personal, business, and/or financial information and/or data transmitted via all of the foregoing and/or stored therein; (h) any and all content present on, transmitted via, relating to, and/or arising from accessing and/or using Steve’s Weave; this includes, but is not limited to, any and all content transmitted via, relating to, and/or arising from any and all links on, to, and/or with Steve’s Weave.
All of the above disclaimers, without exception, will apply to the fullest extent permitted by law.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
18. OTHER SECURITY PROVISIONS
You accept and agree that any and all of the information on and/or associated with Steve’s Weave can never be uploaded, displayed, transmitted, collected, stored, etc., with 100% security.
Steve’s Weave is offered by facilities in the United States of America. You accept and agree that SWI makes no representations and/or warranties of any kind that Steve’s Weave – including, but not limited to, any and all of its content, its services, and its infrastructure – is compatible with and/or appropriate for use in any other location(s) and/or jurisdiction(s). Any and all persons and/or other entities (including, but not limited to, businesses, corporations, organizations, and/or institutions) who or that access and/or use Steve’s Weave from such other location and/or jurisdiction accept and agree that they do so at their own volition and at their own risk, and that they, exclusively, are responsible for any and all compliance with all applicable local regulation(s) and/or law(s), including, but not limited to, all local laws regarding online conduct and content, and all U.S. export laws and regulations.
19. SERVICE LIMITATIONS AND MODIFICATIONS
You accept and agree that SWI can establish limits to the use of Steve’s Weave (including, but not limited to, a requirement to register in order to use Steve’s Weave, the frequency with which users may access and/or use Steve’s Weave, the number of times that users may access and/or use Steve’s Weave, the number of days that user content will be posted and/or held in storage by Steve’s Weave, and/or the quantity, word-count, and/or graphic size of postings, e-mails, and/or other user content posted on, held in storage by, and/or transmitted via Steve’s Weave). You accept and agree that SWI does not have, and will never have, any responsibility and/or liability of any kind for deleting and/or failing to store any user content in any way associated with Steve’s Weave (including, but not limited to, content that is posted on and/or transmitted via Steve’s Weave). You accept and agree that SWI has, and will continue to have, all right and/or rights to change, update, rework, limit, expand, modify, suspend, and/or discontinue Steve’s Weave, in part or in whole, at any time, with or without notice. You accept and agree that SWI is not, and will never be, liable to you and/or to any other party and/or parties for any changes, updatings, reworkings, limitations, expansions, modifications, suspensions, and/or discontinuations of Steve’s Weave.
20. INDEMNIFICATION
You accept and agree that you are entirely responsible for any and all content that you upload to, post on, store on, link from and to, and/or transmit via Steve’s Weave, as well as for any and all consequences that arise from uploading, posting, publishing, storing, linking, e-mailing, and/or transmitting, in any fashion, any and all such content.
You accept and agree to indemnify and to hold harmless SWI and any and all SWI Personnel from and/or against any and all causes of action, claims, lawsuits, and/or demands made by, and/or damages claimed by, any and all third parties (including, but not limited to, individuals, corporations, organizations, institutions, and/or any other entities) that in any way respond to, relate to, and/or arise from:
(a) any and all content (including, but not limited to, content that may be deemed false, misleading, harmful, fraudulent, hateful, obscene, pornographic, offensive, and/or defamatory) that you, and/or anyone acting on your behalf, upload to, post on, and/or transmit via Steve’s Weave; (b) any and all activity (for example, uploading, posting, and/or transmitting content) that occurs on, via, and/or through the use of your account; (c) any and all use by you, and/or by anyone acting on your behalf, of any and all Steve’s Weave content (including, but not limited to, reliance on such content); (d) any and all violation(s) of the TCU by you, and/or by anyone and/or any entity acting on your behalf; (e) any and all malware, spyware, computer code(s), file(s), and/or program(s) (including, but not limited to, a software virus or viruses) that is or are intended and/or designed to impede, hamper, destroy, corrupt, complicate, copy, interrupt, cancel, and/or in any other way limit and/or reduce the functionality of any electric system, telecommunications equipment and/or system, and/or computer software and/or hardware that has or have originated and/or passed through your connection(s) to Steve’s Weave; (f) the connection to Steve’s Weave by you, and/or by any third party connecting to Steve’s Weave on your behalf; (g) the violation of any rights of any third party (including, but not limited to, person, business, corporation, institution, and/or other organization) committed through the use by you, and/or by anyone acting on your behalf, of Steve’s Weave.
You further accept and agree to indemnify and to hold harmless SWI and any and all SWI Personnel from and/or against any and all causes of action, claims, lawsuits, and/or demands made by, and/or damages claimed by, any and all third parties (including, but not limited to, individuals, organizations, institutions, corporations, and/or any other entities) that in any way respond to, relate to, and/or arise from any and all of your conduct and/or activities on, via, and/or regarding Steve’s Weave and/or SWI, and/or conduct and/or activities done on your behalf by any third party; you accept and agree that all of the same applies to any and all conduct and/or activities transpiring on any and all accounts you have and/or create, under any name, on Steve’s Weave, and/or on any and all Steve’s Weave accounts, under any name, that are used on your behalf.
In all cases and expressions of the preceding indemnifications, you accept and agree that your obligation includes, but is not limited to, full and timely payment of any and all legal, attorneys', and/or related fees and/or costs incurred by SWI and/or by any and all SWI Personnel.
21. LIMITATIONS OF LIABILITY
You accept and agree that both SWI and all SWI Personnel are not and will never be liable – at any time, in no place, under any circumstance, under contract, tort, or strict liability, negligence or any other legal theory – for any and all use of, access to, information available on, referrals by and/or through, and/or reliance on Steve’s Weave by any party (including you); and/or for any and all content and/or links seen by, accessed by, referred by and/or through, and/or relied on by you and/or by any other person and/or entity (including, but not limited to, business, corporation, institution, and/or organization).
You further accept and agree that both SWI and all SWI Personnel are not and will never be liable – at any time, in no place, under any circumstance, under contract, tort, or strict liability, negligence or any other legal theory – for any and all engagements made by and/or between you and any and all other people and/or entities (including, but not limited to, businesses, corporations, institutions, and/or organizations) originating in, arising from, referring to, and/or in any way related to Steve’s Weave.
The foregoing includes, but is not limited to, any and all liability for loss, injury, harm, and/or any and all damages of any kind (under any theory of liability, and even if SWI and/or any SWI Personnel has or had prior knowledge of the possibility of such damages and/or if such damages are or were foreseeable) suffered and/or incurred by you and/or by any and all other persons and/or entities (including, but not limited to, businesses, corporations, institutions, and/or organizations); it further includes any and all liability for loss, injury, harm, and/or any and all damages of any kind (under any theory of liability, and even if SWI and/or any SWI Personnel has or had prior knowledge of the possibility of such damages and/or if such damages are or were foreseeable) arising from and/or in any way related to any and all goods and/or services posted, mentioned, promoted, and/or advertised on and/or received via Steve’s Weave and/or via any and all links accessed on and/or through and/or seen on Steve’s Weave; and it further includes any and all liability for injunctive relief.
All of the foregoing limitations of liability further apply to all of the following (including, but not limited to, any and all damages arising from, resulting from, and/or consequent to them):
(a) any and all authorized and/or unauthorized use and/or uses of and/or access to Steve’s Weave; (b) any and all authorized and/or unauthorized use and/or uses of and/or access to content and/or links accessed via Steve’s Weave; (c) any and all delays, difficulties, and/or incapacities to use and/or to access Steve’s Weave and/or any and all content and/or links accessed via Steve’s Weave; (d) any and all changes, interruptions, deletions, suspensions, modifications, re-structurings, limitations, disruptions, removals, terminations, and/or reinstatements of, to, and/or by Steve’s Weave and/or to any and all content and/or links accessed via Steve’s Weave; (e) any and all completed and/or possible engagements and/or transactions arising from and/or related to the use of Steve’s Weave and/or to any and all content and/or links accessed via Steve’s Weave; (f) any and all advice, opinions, suggestions, recommendations, representations, and/or information provided and/or exchanged on and/or via Steve’s Weave and/or content and/or links accessed via Steve’s Weave; (g) any and all issues and/or matters of timeliness, security, correctness, use-value, performance, and/or reliability of Steve’s Weave and/or of any and all content transmitted via, relating to, and/or arising from accessing and/or using Steve’s Weave; (h) any and all goods and/or services offered, bartered, sold, and/or exchanged on and/or via Steve’s Weave and/or links accessed via Steve’s Weave.
You accept and agree that SWI is not involved in and has no obligation to become involved in and/or to be in any way party to any dispute and/or disputes that arise – at any time, in any place, and for any reason – between any user and/or users (including, but not limited to, individuals, groups, businesses, corporations, organizations, and/or institutions) of Steve’s Weave. If you enter into and/or have a dispute with any person and/or entity (including, but not limited to, business, corporation, organization, and/or institution) that in any way involves Steve’s Weave and/or SWI, you hereby permanently release SWI, its officers, directors, employees, predecessors, successors, partners, assigns, affiliates, agents, subsidiaries, heirs, suppliers, distributors, licensors, shareholders, attorneys, publicists, and/or service providers from any and all demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages of any and all kinds (including, but not limited to, demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages that are direct, indirect, explicit, implicit, known, unknown, incidental, disclosed, undisclosed, special, actual, consequential, exemplary, statutory, punitive, suspected, and/or unsuspected) that are in any way related to and/or arise from such a dispute and/or disputes and/or are in any way related to and/or arise from Steve’s Weave and/or SWI.
Permanently and irrevocably, you hereby release SWI and any and all SWI Personnel, plus any and all persons and/or entities (including, but not limited to, businesses, corporations, institutions, and/or organizations) legally or otherwise associated with and/or related to them (including, but not limited to, their respective officers, directors, employees, predecessors, successors, partners, assigns, affiliates, agents, subsidiaries, heirs, suppliers, distributors, licensors, shareholders, attorneys, publicists, and/or service providers) from any and all demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages of any and all kinds (including, but not limited to, demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages that are direct, indirect, explicit, implicit, known, unknown, incidental, disclosed, undisclosed, special, actual, consequential, exemplary, statutory, punitive, suspected, and/or unsuspected) arising from and/or in any way related to Steve’s Weave and any and all content on and/or links accessed via Steve’s Weave and any and all engagements with any and all parties arising from and/or in any way related Steve’s Weave and any and all e-mails seen on and/or transmitted via Steve’s Weave. You accept and agree that all of the foregoing also applies, in full, if and/or when any aspects of Steve’s Weave, and/or any content on and/or links accessed via Steve’s Weave, have been misunderstood, misstated, misrepresented, modified, corrupted, tampered with, and/or misued in any way by any party and/or parties. In addition, you accept and agree that, permanently and irrevocably, you waive all provisions of California Civil Code Section 1542, as well as any and all similar laws and/or provisions existing now, or at any time in the future, in any and all other jurisdictions; language in California Civil Code Section 1542 currently includes: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
All of the above limitations, without exception, will apply to the fullest extent permitted by law.
(Some jurisdictions prohibit the exclusion and/or limitation of liability for consequential and/or incidental damages. In these jurisdictions, such exclusions and limitations may not apply to you.)
22. INFRINGEMENT CLAIMS: NOTIFYING SWI
If you hold copyright(s), trademark right(s), and/or other intellectual property right(s) and believe something on Steve’s Weave infringes such right(s), you can notify SWI of a claim of infringement by sending to SWI, via our Contact form, all of the following information:
a) Specific and adequate identification of any and all copyrighted work(s) claimed to have been infringed;
b) Specific and adequate identification (including, but not limited to, its location on Steve’s Weave) of any and all material on Steve’s Weave claimed to be infringing;
c) A statement that you have a good-faith belief that the use of the material in the manner being claimed as an infringement on Steve’s Weave is not authorized by the copyright owner, its agent, and/or the law;
d) A statement by you declaring, under penalty of perjury, that all of the information in your present notification is accurate, and that you are either the owner of the exclusive right(s) allegedly infringed or that you are fully legally authorized to act on behalf of the owner of the exclusive right(s) allegedly infringed;
e) Your address, telephone number, and email address; and
f) Your physical or electronic signature.
Please be advised that your notification is, and will be, subject to The Digital Millennium Copyright Act (DMCA).
23. INJUNCTIVE RELIEF
You accept and agree that any violation and/or breach of SWI’s TCU may cause harm and/or damages that is and/or are immediate and/or irreparable. Following from this, you accept and agree that SWI has, and will forever maintain, the right to obtain preliminary injunctive relief – including, but not limited to, obtaining a temporary restraining order and/or orders – and to seek permanent injunctive relief from any and all violations and/or breaches of SWI’s TCU, and that SWI can do any and/or all of this at its sole discretion. You accept and agree that, also at its sole discretion, SWI may seek specific performance of any and all terms in SWI’s TCU (including, without limitation, by preliminary and/or permanent injunction) and that SWI may do this without limiting and/or violating its possibilities for seeking any and all other remedies available in law and/or in equity to SWI.
24. TCU VIOLATIONS, DAMAGES, AND LIQUIDATED DAMAGES
Violations of these TCU harm both SWI and Steve’s Weave. Accordingly, you accept and agree that SWI incurs actual damages (including, without limitation, direct, indirect, consequential, and incidental damages) consequent to TCU violations, and you accept and agree to pay to SWI the total amount of all such actual damages caused by any and all violation(s) of the TCU for which you bear any responsibility; further, you accept and agree that these damages shall be paid by you on top of any injunctive relief obtained by SWI.
However, because actual damages for certain violations of the TCU can be difficult or impossible to determine and/or quantify, you accept and agree instead to pay liquidated damages to SWI, in the amounts itemized below, for each and every such violation of SWI’s TCU for which you bear any responsibility; you further accept and agree that all such damages are and shall be cumulative.
(A). If you use Steve’s Weave’s “Mark For Review” in any way that is inappropriate, misleading, incorrect, performed on behalf of any other person or entity, and/or not supported by your good-faith belief that the content that you, or anyone acting on your behalf, Mark For Review violates SWI’s TCU, you agree to pay to SWI $50 for each and every such use.
(B). If you, or anyone or any entity acting on your behalf, use SWI e-mail addresses and/or infrastructure to send and/or forward unsolicited messages (including, but not limited to, advertisements, e-mails, and/or e-mail advertisements) to SWI e-mail addresses and/or any other party or parties, you accept and agree to pay to SWI $50 for each and every such unsolicited message sent to all such parties.
(C). If you, or anyone or any entity acting on your behalf, use SWI e-mail addresses and/or infrastructure to engage in any form of affiliate marketing and/or as part of any kind of affiliate marketing program, scheme, and/or system, you accept and agree to pay to SWI $60 for each and every message and unit of content sent, transmitted, forwarded, etc., as part of any such marketing program, scheme, and/or system.
(D). If you create, access, and/or use any Steve’s Weave account and/or accounts in any way that violates any term(s) of the TCU (including, but not limited to, creating more than one account, permitting any other person and/or entity to create an account or accounts for you, creating an account or accounts for any other person and/or entity, and accessing and/or using any account or accounts that you have not personally created), you accept and agree to pay to SWI $65 for each and every instance of such activity.
(E). If SWI sets a limit or limits on your access to and/or use of Steve’s Weave (including, but not limited to, the frequency with which you may access and/or use Steve’s Weave and/or the quantity of postings you may make on Steve’s Weave) and/or terminates your access to and/or use of Steve’s Weave, you agree to pay SWI $75 for each and every violation of the foregoing.
(F). If you use any method(s) and/or means that avoid and/or negate any measure instituted by SWI to control and/or limit how content is submitted to Steve’s Weave (including, but not limited to, any and all automated methods and/or means, used at any stage in the submission process) and/or to control how any and all content, including e-mails, may be transmitted elsewhere, and/or that violate any prohibitions on same set out in the TCU, you accept and agree to pay to SWI $85 for each and every message and/or piece of content that is stored on, posted on, and/or transmitted by Steve’s Weave that uses any such method(s) and/or mean(s).
(G). If you post, otherwise upload, or forward any message(s) and/or other content that violate(s) any of the TCU (other than as detailed in this Section 24), you accept and agree to pay to SWI $99 for each and every appearance on Steve’s Weave of each and every such message and/or piece of content. Notwithstanding any of the above, SWI may, at its exclusive discretion, issue a warning before seeking damages due under this Section G.
(H). If you post and/or transmit any content, of any kind, on or via Steve’s Weave that:
(1) is illegal in any jurisdiction; (2) impersonates any person and/or entity (including, but not limited to, business, corporation, institution, and/or organization); (3) aids, abets, and/or facilitates creating, distributing, receiving, advertising, and/or supplying goods and/or services that are illegal in any jurisdiction; (4) misrepresents, hides, obscures, and/or falsely sets forth your relationship to and/or affiliation with any person and/or entity (including, but not limited to, business, corporation, institution, and/or organization); (5) includes and/or discloses any other person’s personal, identifying, confidential, and/or proprietary information without that person’s current and legally binding consent; (6) includes and/or discloses any identifying, confidential, and/or proprietary information about any entity (including, but not limited to, business, corporation, institution, and/or organization) without that entity’s current and legally binding consent; (7) is threatening, defamatory, slanderous, libelous, obscene, pornographic, hateful, harassing, and/or otherwise offensive; (8) is malicious (including, but not limited to, content that contains and/or transmits spyware, viruses, computer and/or other worms, Trojan horses, adware, malicious code, malware, and/or other disruptive and/or damaging programs and/or content); (9) is fraudulent (including, without limitation, misleading, false, and/or fraudulent replies to any content posted on and/or transmitted via Steve’s Weave);
you accept and agree to pay to SWI $1,250 for each and every appearance on, and/or transmission via, Steve’s Weave of any such content. You further accept and agree that SWI, at its exclusive discretion, may notify any and all victims of the foregoing, and may disclose information that identifies you.
(I) If you attempt (and/or execute) any of the following:
(1) to reverse engineer, disassemble, and/or decompile any part of Steve’s Weave for any reason whatsoever; (2) to aggregate, mirror, display, copy, distribute, reproduce, and/or make any derivative use of Steve’s Weave and/or of any content (with a limited and revocable exception for content that you, personally, have posted) appearing on Steve’s Weave (including, without limitation, by means of scrapers, spiders, crawlers, robots, framing, site search/retrieval application[s], RSS feeds, and/or iframes); (3) to access and/or use Steve’s Weave in any way in order to and/or intending to obtain operation of, access to, use of, and/or interoperation with Steve’s Weave in any way that is outside the scope of the TCU and/or is not conventional, personal, unautomated, and for the specific use of the user (including, but not limited to, in order to and/or intending to access and/or engage in any way with any and all content, register, create and/or use an account or accounts, disable and/or avoid security measures, and/or Mark For Review);
you accept and agree to pay to SWI $30,000 for each and every attempt and/or execution of same.
You accept and agree that all dollar figures for liquidated damages indicated above are valid estimates of SWI's damages for these violations; you further accept and agree that any and all liquidated damages for TCU violations are, and will be, cumulative.
SWI can be notified of violations of its TCU by writing to us via our Contact form. However, any failure by SWI to act on any violation(s) of its TCU does not, and shall never, waive any or all of SWI’s right(s) to act on any and all subsequent and/or similar violation(s) committed by any party or parties.
25. PRIVACY
A. Types of Information Collected and/or Stored:
You accept and agree that, when you visit Steve’s Weave, SWI may collect and/or store certain information, such as information that is generally considered not to be personal. This may include your Internet Protocol (“IP”) address(es), operating system(s), browser type(s), page URL(s), timestamp(s), and/or internet service provider(s). When you register with Steve’s Weave, and/or when you post, upload, and/or otherwise communicate to, with, and/or via Steve’s Weave, we also may collect and/or store other information, including, but not limited to, your name(s), age, gender, land-mail address(es), telephone and/or fax number(s), e-mail address(es), keyword searches, and/or Mark For Review data. Please do not register with, post to, upload to, and/or communicate to, with, and/or via Steve’s Weave and/or SWI any content and/or information that you do not want others to see and/or that you expect will remain private.
You accept and agree that SWI may store, in its database, everything that is posted, uploaded, and/or communicated to, with, and or via Steve’s Weave, even after it has been removed and/or deleted from Steve’s Weave, and may do so for any length of time; any and all of the foregoing may be archived in another location or locations, and you accept and agree that SWI may transfer any and all such data to such a location or locations.
Neither Steve’s Weave nor SWI will store personal information entered as part of using a debit card, credit card, and/or similar.
When you access and/or use Steve’s Weave, SWI may use GPS or other technology to determine your current location, in the hope of facilitating your experience with Steve’s Weave.
You accept and agree that, through accessing and/or using Steve’s Weave, you are granting SWI your full, irrevocable, and unmodifiable consent to view, collect, store, and/or use any and all personal information that you post, upload, and/or provide (including any and all revisions, changes, and/or updates made to that information) for any and all communications, functions, and/or services offered now, and/or at any point in the future, by SWI. However, neither Steve’s Weave nor SWI knowingly collects any information, personal or otherwise, provided by persons less than thirteen (13) years of age. If Steve’s Weave or SWI learns that a posting and/or any other information has been made and/or communicated by a person less than thirteen (13) years of age, SWI will delete that post and/or information as quickly as possible.
B. Use of Cookies
SWI and/or Steve’s Weave may use “cookies” – files sent to and stored on your computing equipment. Cookies are intended to help facilitate your on-line experience, sometimes by making certain things more easily available, including, but not limited to, your language, user-name, preferences, browsing history, and time(s) of past access; cookies may also store such information.
Other parties may use cookies on and/or via Steve’s Weave. However, neither SWI nor Steve’s Weave can access and/or control any cookies used by any third parties; consequently, neither SWI nor Steve’s Weave can assure how such cookies are used. SWI expressly disclaims any and all demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages of any and all kinds (including, but not limited to, demands, claims, obligations, losses, debts, expenses, liabilities, costs, and/or damages that are direct, indirect, explicit, implicit, known, unknown, incidental, disclosed, undisclosed, special, actual, consequential, exemplary, statutory, punitive, suspected, and/or unsuspected) arising from and/or in any way related to the use and/or existence of any and all such third-party cookies.
Your computing equipment may have the capacity to refuse and/or stop the use of cookies; please check with its manufacturer for instructions.
C. Relationships to Third Parties
You accept and agree that Steve’s Weave and/or SWI may use third-party service providers to help process purchases and/or to monitor the interests of all Steve’s Weave users (including you).
Please bear in mind that Steve’s Weave, and/or people and/or other entities who or that use Steve’s Weave, may provide links to other websites; when you click on any of these links, you discontinue your visit to Steve’s Weave and leave SWI. You accept and agree that SWI is in no way responsible for any and all of the content on and accessible via any and all of these other websites; neither is SWI responsible for the security of any and all of your personal information when you access and/or use any of these other websites. Further, these other websites may have privacy and/or security standards and/or practices that are different than those of Steve’s Weave. You accept and agree that SWI has no control and no governing ability over the privacy and/or security standards and or/practices of any other website(s), and that SWI is not, and will never be, in any way responsible for the privacy and/or security standards and/or practices of any other website(s), including, but not limited to, what they do with any personal information that they obtain about you. SWI believes it is a good idea for users of websites to read those websites’ privacy policies.
You accept and agree that by posting, uploading, linking, e-mailing, and/or otherwise contributing content to Steve’s Weave, all such content shall be considered public; as such, you accept and agree that all such content is and shall be accessible and viewable by any and all third parties and that it may be referred to, displayed by, archived by, and/or be accessible via search engines, web feed resources, and/or other websites (including, but not limited to, Bing, Yahoo, MSN, Google, Altavista, and/or archive.org) and that it may be in the cache of any or all of those search engines, in feeds, and/or in other websites as part of cobranding agreements. You further accept and agree that it is the sole and exclusive responsibility of each of those search engines, web feed resources, and/or websites to update and/or remove any and all such content from their indexes and/or from their cache. You accept and agree that SWI is not, and will never be, liable, in any way, for any and all information made available on and/or via any and all search engines and/or processes and/or by and/or via any and all websites that carry content originating at, or transmitted via, SWI and/or Steve’s Weave.
D. Use of Your Information
You accept and agree that we may use any information that you upload, link, and/or otherwise communicate to and/or with us for certain reasons, including, but not limited to: to help users with technical problems; to provide better service to users; to help in managing traffic on Steve’s Weave; to monitor any user activity; to manage any user accounts; and/or to implement and/or enforce SWI’s TCU. Further, as a means of better understanding what may be your preferences for receiving advertising and/or other content and/or services, we may share certain information that we have gleaned with third-party service providers; examples include your browser capabilities and/or your operating system.
E. Information and its Security
In order to protect and safeguard the information you upload to Steve’s Weave, SWI has implemented various security measures. Still, no information transmitted electronically is 100% secure. Accordingly, you accept and agree that any and all of the content and/or information on and/or associated with Steve’s Weave (including any and all content posted on, uploaded to, sent to, linked to, and/or in any other way transmitted to Steve’s Weave by you) can never be uploaded, displayed, transmitted, collected, or stored, etc., with 100% security. You accept and agree that SWI is not liable in any way for any theft, copying, misuse, loss, mistransmission, alteration, and/or other breaches of safety of any personal and/or other information and/or content (including, but not limited to, any theft, copying, misuse, loss, mistransmission, alteration, and/or other breaches of safety of any personal and/or other information and/or content posted by, uploaded by, sent by, linked to and/or with, and/or in any other way communicated to Steve’s Weave by you); this further includes, but is not limited to, any and all breaches of safety committed by and/or involving any third parties.
F. Registering and Notifications
At present, you must register in order to post or reply to listings on Steve’s Weave. From time to time, we may send you notices pertaining to Steve’s Weave and/or other subjects, including, but not limited to, advertisements, promotions, and information, as well as notifications regarding changes to our services and/or to our policies. Also, we may send you legally required notifications.
G. Disclosing Information
You accept and agree that SWI may disclose information about any of its users (including you) as a result of any legal and/or regulatory requirements (including, without limitation, in response to warrants, court orders, discovery requests, service of process requirements, and/or subpoenas).
You accept and agree that SWI may also disclose information about any of its users (including you) if SWI has the good-faith belief that such disclosure is reasonably necessary for any of the following reasons: to enforce SWI’s TCU and/or privacy policy; to respond to a claim or claims that something posted on Steve’s Weave, and/or any other content in any way related to Steve’s Weave, violates any law(s) and/or any right(s) of any third parties; and/or to protect the rights, property, and/or personal safety of SWI, Steve’s Weave, its users, and/or the general public.
If much or all of SWI’s assets are sold to or merged into another company, we will attempt to notify you of this. You accept and agree that the acquiring company shall be given, without your consent, access to your personal information.
H. Privacy Changes, and Notification
SWI may change its privacy policy and/or practices at any time. You accept and agree that any and all such changes will be applicable to any and all subsequent access to, and/or use of, Steve’s Weave, by you and/or by any and all other parties acting on your behalf, and that you are solely responsible for reviewing SWI’s privacy policy with reasonable frequency, for reasons that include, but are not limited to, checking for changes to it. You accept and agree that SWI has no obligation to notify you of any changes to SWI’s privacy policy, though SWI may, at its sole discretion, attempt to do so.
I. Disputes
As a reminder: any and all disputes regarding your privacy are fully subject to all of SWI’s TCU.
26. MISCELLANEOUS
You accept and agree that all of the above and below (i.e., the TCU) constitutes the full and exclusive agreement and understanding between you and SWI, and that this may be modified only by a written and signed agreement between you and SWI’s CEO. You accept and agree that no third-party beneficiary and/or beneficiaries exist to the TCU beyond any SWI Personnel who are explicitly named above as such. You accept and agree that all of the above and below (i.e., the TCU) entirely supersedes any and all prior written and/or oral agreements, proposals, discussions, and/or negotiations between you, and/or anyone acting on your behalf, and SWI.
"STEVE’S WEAVE" and "SWI" are trademarks of SWI and are protected by United States and international laws. You accept and agree that the TCU do not authorize you to use "STEVE’S WEAVE," "SWI," or any similar and/or related indicia for any use or uses pertaining to environmental advertising, environmental advocacy, internet advertising, social networks, online forums, online communication services, or any related use, and/or for any other use that is likely to confuse, mislead, and/or deceive the public as to any connection, relatedness, association, affiliation, origin, sponsorship, approval, and/or endorsement by or with SWI.
You accept and agree that any and all legal involvements – including, but not limited to, causes of action, claims, lawsuits, and/or disputes (regardless of theory) – between you and SWI stemming from, referring to, and/or in any way related to Steve’s Weave, Steve’s Weave’s TCU, and/or any and all content and/or links seen on and/or accessed via Steve’s Weave shall be governed by the laws of the State of Delaware; you further accept and agree that any and all such involvements will be conducted without regard to conflict and/or choice of law principles; you further accept and agree that any and all such involvements will solely be brought in courts situated within the county of New Castle, Delaware, and you accept and agree to submit to the exclusive and personal jurisdiction of these courts.
In addition, you accept and agree that any cause of action or claim that you file must be filed within one (1) year of when such cause of action or claim arose and/or accrued, and that if you do not file such cause of action or claim within this one (1) year you will be barred, permanently, from doing so, regardless of any existing, future, and/or prior statute, law, and/or other argument that indicates, or may indicate, any limit and/or denial of this time restriction. However, SWI may, at its sole discretion, file any and all cause(s) of action permissible by the applicable statute of limitations in force under Delaware law.
You accept and agree that if a court of competent jurisdiction finds any provision and/or provisions of SWI’s TCU to be unenforceable, invalid, and/or illegal, the enforceability, validity, and legality of all other provisions in these TCU shall not be impaired or affected in any way, and all shall remain in full force and in full effect. If any provision(s) of this TCU is or are found by a court of competent jurisdiction to be inapplicable and/or invalid (including, but not limited to, for the reason that such provision[s] is or are inconsistent with laws in force in another jurisdiction), you accept and agree that the court should endeavor to give effect to the intentions set out in the provision(s). You accept and agree that any delay, untimeliness, and/or failure of SWI to exercise and/or enforce any right(s) and/or provision(s) included in this TCU shall not, and will never, constitute a waiver and/or abrogation of any and all such right(s) and/or provision(s), and that the exercise by SWI of any of its remedies under these TCU will be without prejudice to its other remedies under these TCU, or otherwise.
You accept and agree that all aspects and provisions of these TCU that by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
CONTACT
You can contact us about SWI’S TCU via our Contact form.