PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: November 18, 2017
Note: Both Stuffstr and Sellalong are services and mobile applications provided exclusively by Stuffstr, PBC.
Welcome to Stuffstr. Please read on to learn the rules and restrictions that govern your use of Stuffstr’s services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Stuffstr.com website at http://www.stuffstr.com/terms and Stuffstr mobile applications (each an “Application”), by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Stuffstr?
In order to use Stuffstr in conjunction with a third party site or service, such as a retailer or reseller (“Third Party”), you may be required to have an account with such Third Party (“Third Party Account”). A Third Party Account provides you with information regarding the relationship and any transactions that have occurred with or relating to a Third Party. For example, your account with a retailer may provide information regarding items you have purchased from that retailer and how much you paid for those items. We may receive and use certain information associated with your Third Party Accounts, as explained below. If you do not have an account with a participating Third Party, you will be prompted to create one before you can access that Third Party through the Services.
Information you provide to us may be governed by Third Party terms and conditions and/or privacy policies (“Third Party Terms”). We encourage you to read any applicable Third Party Terms, and you agree that your use of the Services will at all times be in compliance with any such Third Party Terms.
Separately, you may be required to sign up for an account with Stuffstr, and select a password and user name (“Stuffstr User ID”). If you do, you promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Stuffstr User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not of legal age, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for any use of the Services in a way that breaks the law.
You are responsible for any activity associated with your account, including the sharing of your account or password. You are also responsible for the sharing of your accounts or passwords in regards to any Third Party Accounts.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Stuffstr);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Stuffstr account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Stuffstr?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Stuffstr’s) rights.
You understand that Stuffstr owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Stuffstr or to other users?
Anything you post, upload, share, store, or otherwise provide directly or indirectly through the Services is your “User Submission.” User Submissions may include the following:
- Account credentials for the Services.
Any Content you contribute to the Services, such as messages and communications with other users, product reviews, and photographs.
For all User Submissions, you hereby grant Stuffstr a license to translate, modify (for technical purposes, for example, to make sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. Some User Submissions are viewable by other users. If you share a User Submission other than Third Party Data on the Services, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Stuffstr the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Stuffstr users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
When you access a Third Party Account through the Services, your password to that Third Party Account is never shared with or seen by Stuffstr. When using an Apple iPhone, your password will be stored using your private Apple iCloud Keychain. Further, Stuffstr facilitates your ability to access Third Party Data through your Third Party Account, but never accesses this data directly. For the purpose of providing the Services, you voluntarily share your Third Party Data with Stuffstr, and authorize Stuffstr to use and store your Third Party Data strictly for the purpose of providing the Services. If, through the Services, you permit Stuffstr to sell or dispose of products or other items on your behalf via a third party website or service, you authorize Stuffstr to facilitate such sale or disposal, and hereby grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to use your User Submissions to facilitate such resale or disposal with the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person. You agree that you will take all actions required or requested by Stuffstr in order to enable facilitation of such resale or disposal, including, for example, shipping products or other items to a third party buyer within the required time frame. You further agree that you will comply with Stuffstr’s guidelines for third party website sales as outlined in our Sellers’ Guide, which is hereby incorporated by reference and may be updated from time to time at Stuffstr’s discretion, available at http://www.stuffstr.com/sellers. YOU ACKNOWLEDGE AND AGREE THAT WHEN STUFFSTR IS FACILITATING SALE OR DISPOSAL OF YOUR PRODUCTS, STUFFSTR IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE WEBSITE OR SERVICE. Stuffstr is not responsible for any Services-related issues.
You also grant Stuffstr a license to access and use your User Submissions for internal purposes to operate and improve our Services for our users, and build and operate new services.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide.
Finally, you understand and agree that Stuffstr, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”) as it relates to online service providers, like Stuffstr, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please go to http://www.stuffstr.com/copyright. You can learn more about the DMCA at http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act.
Who is responsible for what I see and do on the Services?
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
You acknowledge that Stuffstr operates independently from any third parties, including any participating Third Parties. Stuffstr has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Stuffstr will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Similarly, you acknowledge that the Third Parties accessible through the Services operate independently from one another. Each Third Party has no control over, and assumes no responsibility for, the actions of any other Third Party that you interact with through the Services. For example, if you use the Services to resell, donate, or otherwise dispose of any product you have purchased from a participating retailer, you understand that such retailer has no association with, and thus has no obligations with respect to, such disposal through the Services and/or a reseller.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Stuffstr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Stuffstr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Stuffstr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Will Stuffstr ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
Does Stuffstr cost anything?
The Stuffstr Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
What if I want to stop using Stuffstr?
Stuffstr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Stuffstr has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any information you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Stuffstr.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use Stuffstr applications available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the Application via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Apple Application:
Both you and Stuffstr acknowledge that the Terms are concluded between you and Stuffstr only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, nonexclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, noncommercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Stuffstr, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Stuffstr, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Stuffstr acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Stuffstr acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What if I use a Stuffstr application to access my email receipts?
You authorize Slice to access information maintained by identified third parties (e.g., the merchants that send you email receipts and related information), on your behalf as your agent. Solely to provide you the Slice Services, you grant to Slice a limited power of attorney, and appoint Slice, as your attorney-in-fact and agent, to access third-party websites, to retrieve, and use all information, data, text, messages, etc. that appear in your account related to your email receipts and related information ("Slice Content") with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You hereby grant to Slice a non-exclusive, worldwide, perpetual, limited and royalty-free right and license to exercise the copyright, trademark, patent, publicity, database, and all other intellectual property rights in the Slice Content, as well as the right to host, cache, route, transmit, store, copy, modify, reproduce, translate, use, reformat, excerpt, analyze, and create derivative works of the Slice Content solely in connection with performance of the Slice Services.
What else do I need to know?
Warranty Disclaimer. Neither Stuffstr nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Stuffstr hereby disclaims any warranty, express or implied, including any warranty related to the accuracy, completeness, or non-infringement of information supplied to Stuffstr from any Third Party. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Stuffstr or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY STUFFSTR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL STUFFSTR (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO STUFFSTR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Stuffstr, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Stuffstr’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND STUFFSTR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Stuffstr may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Stuffstr agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Stuffstr, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Stuffstr, and you do not have any authority of any kind to bind Stuffstr in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Stuffstr agree there are no third party beneficiaries intended under these Terms.