Last Updated: December 9, 2019
The following Terms and Conditions governs the websites (including both mobile and online versions), and the online and mobile services (e.g., apps), of Stalkr, LLC (“Stalkr”). By accessing or using any Stalkr website or mobile application, or any content, product, services or feature available through a Stalkr website or mobile application (collectively the “Site”), you agree to abide by and be bound by the terms described below and by all terms, policies and guidelines incorporated by reference herein, as well as any additional terms and condiitons presented in connection with specific content, service or feature (collectively “Site Terms”).
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with Stalkr, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Stalkr for violations of these Site Terms.
2. Ownership of the Site and its Contents
The Site is owned by Stalkr. Unless otherwise indicated, all of the content featured or displayed on the Site ("Stalkr Content"), is owned by Stalkr, its licensors, or its third-party partners. All elements of the Site, including the Stalkr Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
3. Use of the Site
The Site and the Stalkr Content are intended for customers of Stalkr. You may not use the Site or the Stalkr Content for any purpose not related to your business with Stalkr. You are specifically prohibited from downloading, copying, or re-transmitting any or all of the Site or the Stalkr Content without, or in violation of, a written license or agreement with Stalkr and using the Site or the Stalkr Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
4. Copyright Infringement Policy
Stalkr respects the intellectual property of others. If you believe that your copyrighted work has been used in way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement: a physical or electronic signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; a statement that the complaining party “in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”; and, a statement that the “information in the notification is accurate,” and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The above information must be submitted as a written, faxed or emailed notification to the following designated agent:
Chris Kern, Stalkr LLC, 921 SW Washington St, Suite 330, Portland Oregon 97205
Fax: 310 598 1931, Email: [email protected]
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
The Stalkr logo, and any other product or service name or slogan contained in the Site are trademarks of Stalkr and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stalkr or the applicable trademark holder. You agree that you are not to use any of this intellectual property without the express written consent of the intellectual property rights holder.
From time to time the Site may include links to other web sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the web site(s). We have no responsibility for the content of the linked web site(s). Your participation, correspondence or business dealings with any third party found on or through the Site, regarding any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Stalkr shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You agree to defend, indemnify and hold harmless Stalkr, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Stalkr Content, or your violation of any rights of another.
THE SITE AND THE STALKR CONTENT, ARE PROVIDED "AS IS" AND STALKR AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. STALKR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE STALKR CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT STALKR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE STALKR CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE STALKR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Stalkr uses reasonable efforts to ensure the accuracy, correctness and reliability of the Stalkr Content, but we make no representations or warranties as to the Stalkr Content's accuracy, correctness or reliability.
9. Limitation of Liability
IN NO EVENT SHALL STALKR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE STALKR CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STALKR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STALKR' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STALKR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO STALKR FOR ACCESS TO OR USE OF THE SITE.
10. Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Stalkr Content shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Stalkr' intellectual property rights, Stalkr may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Stalkr reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
12. Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Stalkr. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
13. Changes to Site Terms
Stalkr reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.