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At its discretion, Sgrouples may cancel accounts of users who violate the Terms of Service. Sgrouples reserves the right to view private sites and private posts ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. Sgrouples reserves the right to remove objectionable content without notice. We can remove any content or information you post at Sgrouples if we believe that it violates our Terms of Service.
Sgrouples reserves the right to ban sites and users that do not comply with our Terms of Service. Users may not be notified when this occurs. Banned users may contact Sgrouples Customer Support for more information. Please comply with the rules in our Terms of Service.
Due to storage limitations and expenses, Sgrouples reserves the right to close and delete any user account that has not been logged in for a period of 12 months or more. Sgrouples will notify any such users by email if they have been inactive for greater than 11 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at Sgrouples or how to download their content onto their personal computers. Sgrouples will give one final notice at least 48 hours prior to deleting an account.
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of Sgrouples (“User Submissions”) are owned by the party contributing such content. As a user of Sgrouples, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using Sgrouples you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Sgrouples is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Sgrouples is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using Sgrouples.
While we have the right to monitor activity and content associated with Sgrouples, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using Sgrouples, you may be exposed to content that you find offensive or objectionable in your communities. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Sgrouples, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Sgrouples; ii) unauthorized access to or alteration of your communications with or through Sgrouples, or iii) any other matter relating to Sgrouples. Any business transactions which may arise between users from their use of Sgrouples are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Sgrouples Content"); and (b) Sgrouples' trademarks, logos, and brand elements ("Marks"). The Site and Services, Sgrouples Content, and Marks are all protected under U.S. and international laws. Sgrouples, My Cloud, Check It Out, the Sgrouples logo, and other Sgrouples logos and names are trademarks of Sgrouples. You agree not to display or use these trademarks in any manner without our prior written permission.
Under no circumstances will Sgrouples be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Mateo County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Sgrouples to enforce any right or provision of these Terms will not prevent Sgrouples from enforcing such right or provision in the future.
Sgrouples reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.