YOU SHOULD CAREFULLY READ THE FOLLOWING STEELMARKETUPDATE.COM TERMS OF SERVICE AGREEMENT (THE “TERMS OF SERVICE” OR “AGREEMENT”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OF STEELMARKETUPDATE.COM (THE “SITE” OR “SMU”). BY ACCESSING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THESE TERMS.
This policy covers how SMU treats personal information that SMU collects and receives, including information related to your past use of SMU services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that SMU does not own or control, or to people that SMU does not employ or manage.
SMU hereby grants to each User who has entered into an agreement with SMU a limited, non-exclusive, non-sublicensable and non-transferrable license to access the Content and Services on the Site and/or the Newsletter, as the case may be, pursuant to conditions set forth in this Agreement, and subject to your payment of all applicable fees as determined by SMU.
You may not use the Site, its Content or any of its Services, in any manner that is inconsistent with these Terms of Service. You further agree that you will not upload, post, e-mail, or otherwise transmit to the Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses, malicious programs (“malware”), or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
SMU is not required to pre-screen third party materials even if they appear on the Site. SMU is not the publisher or author of any information on the Site that is provided by third parties, and you acknowledge that SMU is not liable for any claims related to such information. SMU assumes no responsibility for third party services, and you agree to hold SMU harmless in relation to such services. The Site and/or Newsletter may have links and references to other third party websites and materials. SMU does not assume any responsibility for these websites or materials.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
B. SMU's designated Copyright Agent to receive notifications of claimed infringement is: [insert name, address, and email address]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SMU customer service. You acknowledge that if you fail to comply with all of the requirements of this Section VI, your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, SMU may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SMU's sole discretion.
SMU or its third party Content providers, if any, shall retain all worldwide Intellectual Property Rights in, on and to the Site and the Newsletter, including without limitation trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, HTML code, XML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and copyrights in any original work of authorship on the Site. Except as expressly stated on the Site, in the Newsletter, or in this Agreement, you may not copy, reproduce, modify, distribute, transmit, republish, display or perform for commercial use anything that you read, hear or see on the Site. Notwithstanding the foregoing, nothing in this Agreement or on the Site shall be interpreted to grant you an express or implied license to any Intellectual Property Rights of SMU.
SMU reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any Content or Service, hours of availability, software or equipment needed to access any Content or Service, effective with or without prior notice; provided, however, that material changes (as determined in SMU's sole and absolute discretion) will be disclosed as follows: SMU will provide you with notification of such changes through notifications on the Site, by email, postal mail, or other means reasonably calculated to ensure notice to you. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using SMU. Your continued use of SMU following any revision to this Agreement constitutes your complete and irrevocable acceptance of any such changes. SMU may change, modify, suspend or discontinue any aspect of the Site at any time. SMU may also impose limits on certain features or restrict access to part or all of the Site at any time without notice or liability.
This Agreement is effective until terminated. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. The provisions of Sections VI, X, XI, XIII, XIV and XV shall survive any termination of this Agreement.
SMU, INCLUDING ITS CONTENT AND SERVICES, ARE PROVIDED “AS IS” AND SMU DOES NOT WARRANT THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
NEITHER SMU NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE, ITS CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OF OR DAMAGE TO YOUR DATA; OR (C) INTERRUPTION OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SMU BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
SMU shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SMU, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SMU's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
In the event that you breach this Agreement, you hereby agree that SMU would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that SMU shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as SMU may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section XIV, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Service Agreement is the complete and exclusive statement of the agreement between you and SMU concerning the Site, its Content and Services, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, any other communications with regard thereto between you and SMU; provided, however, that this Agreement is in addition to, and does not supplant, the SMU Activation Agreement. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT MYUSE OF THE SITE, ITS CONTENT AND SERVICES, IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.