Last updated: November 3, 2016
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
>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.
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:
- 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;
- 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;
- Submit material that encourages conduct that could be considered a criminal offense, gives rise to civil liability, violates any law or is otherwise inappropriate;
- 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;
- 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;
- 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 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;
- Impersonate another person;
- 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;
- Modify, translate or reverse engineer any portion of the Services;
- 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;
- Publish falsehoods or misrepresentations that could damage Philtre or any third party;
- Violate any code of conduct or other guidelines which may be applicable for any of the Services;
- 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;
- Harvest or otherwise collect information about others, including email addresses, user IDs and member names, without their consent;
- 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.
No Unlawful or Prohibited Use/Intellectual Property
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.
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: email@example.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:
- Identification of the copyrighted work(s) that you claim has been infringed upon;
- The location(s) within the Services of the material that you claim is infringing;
- 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;
- Your name, address, telephone number and email address (if available);
- 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
- 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.
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.
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.
Class Action Waiver
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.
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.
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.
Philtre welcomes your questions or comments regarding the Terms.
Effective as of November 03, 2016
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