These Terms of Use are updated regularly. Please review them.

Last updated: November 3, 2016

Introduction

Welcome to Sagekat! These terms of use (“Terms of Use”, “Terms”) govern your access to and use of www.sagekat.com (the “Sagekat Website”) and Sagekat, owned and controlled by Philtre LLC (“Philtre”), and any other services that Philtre provides (including websites, features, content, applications, emails, information, communications, interactive services and tools; collectively, “Services”, “Service”). Regardless of the device or means that you (the “user”, “visitor”, “you”, “your”) use to access the Services, these Terms of Use govern your use of the Services.

Before using the Sagekat Website or any other of the Services offered by Philtre, read the Terms of Use carefully. BY JOINING OR ANY TIME YOU ACCESS OR USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THE CURRENT TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS, OUR PRIVACY POLICY, OUR EDITORIAL POLICY AND RESTRICTIONS, OR OUR GUIDELINES AND RULES, YOU ARE NOT PERMITTED TO USE THE SERVICES. Our Terms of Use have the same force and effect as an agreement in writing. In the event of any conflict between the Terms and any other provisions set forth on the Sagekat Website or elsewhere in the Services, these Terms of Use will prevail. Please read these terms carefully, and keep a copy of them for your reference. You should also review the Terms of Use anytime you use the Services, as we may, from time to time, make and effect revisions or amendments to these Terms of Use without notice.

 

Third Party Websites and Services

>Third Party Links

The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Philtre and Philtre is 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. Philtre is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Philtre of the site or any association with its operators.

>Third Party Websites

We also engage with you on third-party websites and their associated apps including https://www.facebook.com/askSAGEKAT, https://twitter.com/askSAGEKAT, https://www.instagram.com/asksagekat/ and https://www.pinterest.com/askSagekat/ (“Third Party Websites”). Our Terms of Use provide rules and regulations (“Rules”) and guidelines (“Guidelines”) for our Services as well as services that involve Third Party Websites. Philtre does not control those Third Party Websites, and our Terms of Use, Rules and Guidelines do not apply to companies that Philtre does not own or control, or to the actions of people that Philtre does not employ or manage. Accordingly, you should inform yourself of the terms of use of such Third Party Websites.

>Third Party Services

Certain products, functionality and services delivered by third-party websites and organizations (“Third Party Services”) are made available via the Services. By using any product, service or functionality originating from the Services (including from the Sagekat Website or Sagekat’s social media accounts), you hereby acknowledge and consent that Philtre may share such information and data with any third party with whom Philtre has an agreement to provide the requested Third Party Services on behalf of users of the Services.

 

Connecting Your Third Party Accounts

You will be able to connect your Philtre account to certain of your third-party accounts (for instance, Facebook, Disqus and Instagram). By connecting your Philtre account to any of your third-party accounts, 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 or applications). If you do not want information about you to be shared in this manner, do not use this feature.

 

Responsibility for Your Account

You must register with the Sagekat Website, completing the registration process and providing a username and password and any other required information, in order to be permitted to use select Services, such as certain features and areas of the Sagekat Website. 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 Philtre is not responsible for third-party access to your account that results from theft or misappropriation of your account. Philtre and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Eligibility

You are not permitted to use the Services, including the Sagekat Website, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Services.

Philtre does not knowingly collect, either online or offline, personal information from persons under the age of 13.

 

Restrictions on Rights to Use

The Services may include bulletin board services, chat areas, news groups, forums, communities, personal/user web pages, calendars, areas for user-submitted product reviews, ratings, photos, videos, questions, feedback and discussion, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree to use the Sagekat Website and other Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Sagekat Website or other Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure.

By way of example, and not as a limitation, you furthermore agree that when using the Sagekat Website or others of the Services, YOU WILL NOT:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or curtail their ability to enjoy the Services;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, offensive to anyone based on race, ethnicity or sexual identity, hateful, obscene, pornographic, indecent or unlawful topic, name, material or information;
  3. Submit material that encourages conduct that could be considered a criminal offense, gives rise to civil liability, violates any law or is otherwise inappropriate;
  4. 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;
  5. Submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from their rightful owner to post the material and to grant Philtre all of the license rights granted herein;
  6. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages;
  8. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  9. 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;
  10. Impersonate another person;
  11. 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 Services;
  12. Modify, translate or reverse engineer any portion of the Services;
  13. Access the Sagekat Website or any of our other Services via any automated system, including but without limitation, “robots”, “spiders”, “offline readers”, etc., or take any action that imposes, or may impose as determined in our sole discretion, an unreasonable or disproportionately large load on our servers;
  14. Publish falsehoods or misrepresentations that could damage Philtre or any third party;
  15. Violate any code of conduct or other guidelines which may be applicable for any of the Services;
  16. Bypass any measures we use to prevent or restrict access to or use of the Sagekat Website or others of the Services, including hacking into secured or non-public areas, circumventing any geo-blocking mechanisms or otherwise;
  17. Harvest or otherwise collect information about others, including email addresses, user IDs and member names, without their consent;
  18. Violate any applicable laws or regulations.

Philtre has no obligation to monitor the Communication Services. However, Philtre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Philtre reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Philtre 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 Philtre’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Philtre does not control or endorse the content, messages or information found in any Communication Service and, therefore, Philtre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Philtre spokespersons, and their views do not necessarily reflect those of Philtre.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Your Submissions or Other Materials Provided

Philtre does not claim ownership of the materials you provide to the Sagekat Website or other Philtre Services (including feedback and suggestions) or post, upload, input or submit to the Sagekat Website, any other of the Services or any associated services (collectively “Submissions”, Submission”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Philtre, 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. Philtre is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Philtre’s sole discretion.

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, and thereby authorize Philtre to use all intellectual property and other rights thereto to enable inclusion and use of the Submission content in the manner contemplated by the Sagekat Website, other Services and these Terms of Use.

 

No Unlawful or Prohibited Use/Intellectual Property

>Our Content

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Use. As a condition of your use of the Services, you warrant to Philtre that you will not use the Sagekat Website or other Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Sagekat Website or other Services or interfere with any other party’s use and enjoyment of the Sagekat Website or other Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sagekat Website or other Services.

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 Website or for any other of the Services, is the property of Philtre 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 content, in whole or in part, found in the Services. Philtre content is not for resale. Your use of the Services 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 Philtre 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 Philtre or our licensors except as expressly authorized by these Terms.

>Your Submissions

We respect the intellectual property rights of others. Our policy is to remove any User Submissions or other content that violates copyright law, suspending access to the Services (or any portion thereof) of any user who uses the Services in violation of copyright law. In accordance with Digital Millennium Copyright Act (the “DMCA”), we have procedures in place for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice marked URGENT to: hello@sagekat.com subject: COPYRIGHT INFRINGEMENT. If you do not have access to email, please call (415) 795-4300 to be provided the appropriate physical mailing address.

You must be the owner of the copyright interest or the person authorized to act on their behalf, and your written notice must provide:

  1. Identification of the copyrighted work(s) that you claim has been infringed upon;
  2. The location(s) within the Services of the material that you claim is infringing;
  3. A statement by you that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
  4. Your name, address, telephone number and email address (if available);
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  6. Your electronic signature, as the owner of the copyright interest or the person authorized to act on their behalf (a scan is acceptable).

** ALSO NOTE ** If the alleged copyright infringement is taking place on a product page on the Sagekat Website, within the user-submitted materials, you can simply click the flag icon beside the submission in question to bring it to our attention for review and removal.

 

International Users

The Service is controlled, operated and administered by Philtre from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sagekat Website or any of the other Services in any country, or in any manner, prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Philtre, its officers, directors, employees, affiliates, agents and third parties, for any losses, costs, liabilities and expenses (including arbitration fees, reasonable attorney’s fees or other legal fees or penalties) relating to or arising out of your use of or inability to use the Services, any user postings or other submissions made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Philtre 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 Philtre in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the State of California USA within San Francisco County. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.

 

Class Action Waiver

Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

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. PHILTRE LLC AND/OR ITS SUPPLIERS, AFFILIATES, CONTRIBUTORS AND OTHER PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PHILTRE LLC AND/OR ITS SUPPLIERS, AFFILIATES, CONTRIBUTORS AND OTHER PARTNERS 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. PHILTRE LLC 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHILTRE LLC AND/OR ITS SUPPLIERS, AFFILIATES, CONTRIBUTORS OR OTHER PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHILTRE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Philtre reserves the right, in its sole discretion, to terminate your access to the Sagekat Website and the rest of the Services and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Philtre as a result of this agreement or use of the Services. Philtre’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Philtre’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Philtre with respect to such use. 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Philtre with respect to the Sagekat Website and the rest of the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Philtre with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Indemnity

You agree to indemnify and hold harmless Philtre and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including arbitration fees and other legal penalties and fees, resulting from any violation by you of these Terms of Use. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

Changes to Terms

Philtre reserves the right, at its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. Philtre encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Philtre welcomes your questions or comments regarding the Terms.

Email Address:

hello@sagekat.com

 

Effective as of November 03, 2016

 

Also check out our:

Privacy Policy & Security >

Editorial Policy & Restrictions/Disclaimer >

 

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