Agreement between user and Somerset West
Note: These Terms of Service are effective as of March 8, 2016.
By accessing or using the Site or Services, or by posting any Member Content, whether you are or are not a registered user, you acknowledge that you have read, understood and agree to be bound by these Terms. Stuffuneed.com reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.
Somerset West Inc. reserves the right to change, add, or delete any portions of the Terms of Service from time to time, without liability or prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. If you do not agree to abide by these or any future Terms of Service, please do not access or use (or continue to access or use) the Website.
Stuffuneed provides users with various media sharing and communication tools, personalized and other content, and e-commerce. In order to access certain Services and features of the Site, and to post any Member Content on the Site, you must register to create an account ("Account"). You will be able to register and connect your stuffuneed.com account using third party accounts. By connecting your stuffuneed.com account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Stuffuneed is not responsible for third party access to your account that results from theft or misappropriation of your account. Stuffuneed and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us. When you sign in for the first time, your preferences will be set to automatically publish some social interactions to other social networks. However, you will be able to edit these preferences at any time under “Settings”.
You are limited to one account on Stuffuneed.com. We strictly prohibit multiple accounts for the same sole user or one account for multiple users and will not honor rewards from such accounts.
Use of communication services
The Site may contain comment threads, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Stuffuneed has no obligation to monitor the Communication Services. However, Stuffuneed reserves the right to review and approve materials posted to a Communication Service and to remove any materials in its sole discretion. Stuffuneed reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Stuffuneed reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stuffuneed's sole discretion.
Stuffuneed does not control or endorse the content, messages or information found in some Communication Services found on the Site and, therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries and are either owned by Stuffuneed or owned by others and licensed to us. All rights, title and interest in and to the Website and such Content remains with us or our licensors. You may not remove or alter any copyright, trademark, service mark or other proprietary rights notices contained in or accompanying the Site, Services or Site Content.
You agree not to access the Service by any means other than through the interface we provide via the Website for use in accessing the Service. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content except as expressly permitted in these Terms. Your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use Somerset West's intellectual property.
Stuffuneed does not claim ownership of the materials you provide to stuffuneed.com (including feedback and suggestions) or post, upload, input or submit to any stuffuneed.com Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Stuffuneed, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Stuffuneed is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in stuffuneed's sole discretion.
Members may post comments and other content so long as the content is not illegal, obscene, threatening, defamatory, vulgar or offensive, pornographic or contains nudity, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or impersonate any person or entity. We reserve the right (but not the obligation) to remove or modify content at any time with or without notice and regularly (however not always) review posted content.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Materials provided to Stuffuneed may be posted on any Stuffuneed web page.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Somerset West or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site, Site features or content, in whole or in part. Stuffuneed content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Stuffuneed and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Stuffuneed or our licensors except as expressly authorized by these Terms.
Links to third party sites/Third party services
The Site may contain links to other websites, advertisers, services, special offers, or other events or activities ("Linked Sites") that are not owned or controlled by Somerset West. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Stuffuneed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stuffuneed of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Stuffuneed domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers. You expressly relieve Somerset West from any and all liability arising from your use of any third-party website, service, or content.
Somerset West offers a reward program/programs to its users. We may from time to time and in our sole discretion, offer rewards concurrently and simultaneously, and may add, remove, or otherwise modify reward settings at any time.
The reward(s) that may be awarded are not transferable, redeemable for cash or exchangeable for any other reward.
In connection with the Site, Somerset West may provide Stuffuneed.com members referral credits when members invite their friends to join Stuffuneed.com. Referral Credits may be awarded to the referrer when their friends join and makes their first purchases.
Stuffuneed reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the terms of eligibility of its reward programs (or any part thereof) with or without notice.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. By submitting payment information to us, you hereby agree that you authorize us to charge your card (or any accepted form of payment) at our convenience but within thirty (30) days of payment authorization.
Methods of Payment, Credit Card Terms and Taxes
For products shipped internationally please note that the following may apply:
Manufacturer warranty may not be valid
Manufacturer service options may not be available
Product manuals, instructions and safety warnings may not be in destination country languages
The products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements;
The products may not conform to destination country electrical standards
You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from the Site the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Stuffuneed reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Stuffuneed upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
No Responsibility to Sell Mispriced Products or Services
Stuffuneed attempts to be as accurate as possible. However, Stuffuneed does not warrant that product descriptions or other content of any Stuffuneed Service is accurate, complete, reliable, current, or error free. Stuffuneed shall have the right to refuse, reduce or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Stuffuneed shall have the right to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged or other form of accepted payment has been processed. Any charges for a purchase that is canceled, will be refunded based on the payment method used at time of purchase or as store credit for the merchandise only.
Modifications to Prices or Billing Terms
STUFFUNEED RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR UPON E-MAIL TRANSMITTAL TO YOU.
Somerset west reserves the right, in its sole discretion, to permanently or temporarily terminate your access or create usage limits to the Site and the related services or any portion thereof at any time, without notice. Upon termination of this Agreement or your access to the Site or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STUFFUNEED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STUFFUNEED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STUFFUNEED.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stuffuneed as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express wish of the parties that this agreement and all related documents be written in English.
You agree to indemnify, defend and hold harmless Somerset West, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Somerset West reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Somerset West in asserting any available defenses.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SOMERSET WEST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
Visiting stuffuneed.com or sending emails to Stuffuneed constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. However we reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Changes to Terms
Somerset West reserves the right, in its sole discretion, to change the Terms under which stuffuneed.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
Somerset West does not take title to returned items until the item arrives at our warehouse. For more information about our Return Policy, please refer to our Customer Service section -> How to Order -> Returns, Changes & Cancellations.
How to contact Stuffuneed
Please send us any feedback, comments, suggestions, complaints or questions about these Terms by emailing us at firstname.lastname@example.org