Terms of Service
1. Acceptance of Terms
Welcome to Sidengo, LLC's ("Sidengo", "We", or "Us", indistinctively) website creation and embedding service (the "Service" or "Services", indistinctively). Your use of the Service is subject to these Terms of Service ("Terms"). We reserve the right to update and change these Terms from time to time without notice to you. These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. Unless we expressly note otherwise, these Terms incorporate and supercede any other terms associated with the files and applications available on the domain www.monsterbeatsspiderman.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Sidengo. If You (the "User") do not agree to these Terms, do not use the Service.
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Sidengo. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in these Terms.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of these Terms will be prosecuted to the fullest extent of the law in the federal and state courts located in New York.
The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
3. Content and Conduct Rules and Obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Sidengo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
(n) use the Service as a forwarding service to another web site;
(o) solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
(p) exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples content;
(q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
(r) upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
(s) create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
(t) upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
(u) access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden
We retain the right to terminate any account or user who has violated any of the above prohibitions. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
4. Fees and Payments
A valid credit card is required for subscribing to any plan that is not The Free plan.
All accounts start off in The Free plan. When the User upgrades from The Free Plan and subscribes to a paid plan, the subscription will be charged for immediately through the User's valid credit card provided.
The Service is charged for automatically on a recurring basis, either monthly or yearly depending on the billing interval of the User's subscription, through the User's valid credit card on file.
The User may cancel his or her subscription at any time. If a User cancels his or her subscription, the subscription will remain active until the end of the current subscription period, at which point the following things will happen: the User's subscription will be cancelled and not renewed, the User's subscription will be set to The Free plan, the User will be charged for any pending invoice items (including, but not limited to, pending proration charges), and the User's payment information will be deleted.
Failure to make payment within 5 days of invoice will result in a cancelation of the account's subscription and being downgraded to The Free plan as described in the pricing section of this website.
We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
Sidengo will not, under any circumstances, issue cash refunds. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the Service.
5. Trademarks and Copyrights
User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
User warrants that its content does not infringe any third party copyrights or patents.
6. Website Account and Security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
7. Your Rights in Your Account
Sidengo does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.
8. Sitename and Email Conflicts
Sidengo has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, Sidengo is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized Sitename or Email (e.g. that of a brand, media organization, or company) you agree to forfeit that Sitename or Email should the rightful owner protest your claim. With no prior notice, Sidengo reserves the right to delete any and all uploaded assets, including text and images, and re-assign the Sitename and/or Email to the authenticated claimant.
Upon User's request, Sidengo will register an Internet domain name or renew the User's registration of an existing domain name (the "Domain Name"), on behalf of User, with a registrar selected by Sidengo (the "Registrar"). The Registrar for the Services shall be DNSimple, and all new registrations and subsequent renewals of those registrations will be subject to the DNSimple's terms and conditions, located at https://dnsimple.com/terms (the "Registrar Terms").
Your use of the services provided by Sidengo serves as your consent to the terms of this Terms. Sidengo will update this Terms from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Terms changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Terms.
Registration Period and Renewals
Domain registrations are for a period of twelve (12) months. When the registration period is over, the registered domain will be auto-renewed for additional 12 month periods and Sidengo will charge you the corresponding amount. On the day prior to the renewal date of your domain name, we will attempt to renew your services for an additional year. If we are unable to charge you for the domain renewal through you current billing information we will not be able to renew your domain registration. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the domain registration before the renewal date by sending us an email to: firstname.lastname@example.org.
Free Domain Name
Beginning on October 16, 2012, Sidengo may provide one (1) free domain name registration for a period of one (1) year with a new purchase of a monthly or annual subscription plan, except with The Free plan. The domain name will be registered in your name and is yours to keep. Sidengo cannot assure domain name availability. This offer is not valid on domain renewals or transfers. The free domain name applies only to certain TLD's (.com, .net, .org, .us, and .biz) when signing up for a new plan. Should your account become inactive during the first 30 days of the domain registration year, any account credit you receive may be reduced by $12 for that year's domain registration. You may not transfer a domain name within 90 days of registration. Domain name registration orders are subject to these Terms.
Billing and Registrant Contact Information
You are responsible for maintaining accurate and current billing information, any inaccuracy in the billing or contact information may result in unsuccessful domain renewals, for which you are solely responsible. You are responsible for including your full and real name, postal address, e-mail address, and telephone numbers for the contact information of your domain name registration record.
Recovering a domain after expiry
Sidengo is not responsible for recovering any domains after expiry. If you forfeit a domain name for non-payment, Sidengo will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that Sidengo may charge the credit card you have on file with Sidengo to recover any amounts outstanding on your account.
11. Service Reliability and Warranties
Sidengo makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's, use of Sidengo services are at User's sole risk. Neither Sidengo, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Sidengo service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Sidengo Service, unless otherwise expressly stated in these Terms.
Sidengo also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Sidengo is at the User's own risk, and Sidengo specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against Sidengo are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Sidengo for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the Sidengo Twitter account.
Under no circumstances will Sidengo bear any responsibility for any damages arising as a consequence of such unavailability.
12. Limited Liability
The User shall defend, indemnify, save and hold Sidengo (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to the User, its agents, employees or assigns.
The User shall defend, indemnify and hold harmless Sidengo (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall Sidengo (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing Sidengo's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Sidengo's records, programs or services. This paragraph shall apply to all content and functionality of Sidengo's Services.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to Sidengo during the current month.
Such limitations shall apply to Sidengo total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Sidengo may terminate the Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of these Terms or the intellectual property protections applicable to these Services. Sidengo may also seek legal prosecution of any violations of law or these Terms and the User agrees to personal jurisdiction by the Courts in the State of Texas.
Upon notice of termination of Services by Sidengo to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, Sidengo has the right to delete all data, files, or other information that is stored in the User's account for any reason.
The Sidengo Team