Petersen Ventures LLC ("S2KI") welcomes you. S2KI provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.s2ki.com/about/terms. In addition, when using particular S2KI owned or operated services, you and S2KI shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Commercial Posting Policy) are hereby incorporated by reference into the TOS.
S2KI provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for S2KI to provide the Service. You also understand and agree that the Service may include certain communications from S2KI, such as service announcements or administrative messages and that these communications are considered part of S2KI membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new S2KI properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that S2KI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that S2KI has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or S2KI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, S2KI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). S2KI is concerned about the safety and privacy of all its users, particularly children. For this reason, persons under the age of 16 are not permitted to create an account or use the Services. You certify that you are at least 16 years of age.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at /about/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by S2KI and its affiliates.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify S2KI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. S2KI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not S2KI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. S2KI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will S2KI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that S2KI may or may not pre-screen Content, but that S2KI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, S2KI and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by S2KI or submitted to S2KI, including without limitation information in S2KI Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that S2KI may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of S2KI, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by S2KI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
S2KI does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant S2KI the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of S2KI properties that are intended by S2KI to be available to the general public. By way of example, publicly accessible areas of the Service would include S2KI Message Boards and portions of S2KI Galleries that are open to both members and visitors. However, publicly accessible areas of the Service would not include S2KI services intended for private communication such as Private Messages or portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by S2KI.
You agree to indemnify and hold S2KI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your S2KI I.D.), use of the Service, or access to the Service.
You acknowledge that S2KI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on S2KI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that S2KI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that S2KI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that S2KI reserves the right to modify these general practices and limits from time to time.
S2KI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that S2KI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that S2KI may, under certain circumstances and without prior notice, immediately terminate your S2KI account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your S2KI account includes (a) removal of access to all offerings within the Service, including but not limited to Email, Chat, Message Boards and Galleries, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that termination for cause shall be made at S2KI's sole discretion and that S2KI shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that S2KI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because S2KI has no control over such sites and resources, you acknowledge and agree that S2KI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that S2KI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S2KI SHALL NOT BE LIABLE TO YOU 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 S2KI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
S2KI may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
The S2KI logo, S2K International, S2KI, MyS2K trademarks and service marks and other S2KI logos and product and service names are trademarks of Petersen Ventures LLC. (the "S2KI Marks"). Without S2KI's prior permission, you agree not to display or use in any manner, the S2KI Marks.
S2KI respects the intellectual property of others, and we ask our users to do the same. S2KI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat offenders. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
S2KI's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Petersen Ventures LLC, 970 W. Valley Pkwy #417, Escondido, CA 92025, USA
By phone: +1 (647) 244-8519
By email: info@s2ki.com
Entire Agreement. The TOS constitutes the entire agreement between you and S2KI and governs your use of the Service, superseding any prior agreements between you and S2KI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other S2KI services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and S2KI shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and S2KI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.
Waiver and Sever-ability of Terms. The failure of S2KI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your S2KI account is non-transferable and any rights to your S2KI I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.