sureYnot claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.
sureYnot is designed to provide an environment and tools so that you can share your videos publicly with the world, with just yourself, or with your group. You are responsible for setting sharing permissions to control who can view and comment on your videos.
By submitting content to our site, you affirm that you own or have acquired all rights to your submission and content, are compliant with the DMCA, or are providing proper attribution, as defined by the Creative Commons License to its original source. You must not submit content to our site that is offensive, vulgar, pornographic, illicit, abusive, libelous or in violation of the laws in your jurisdiction or these Terms and Conditions. sureYnot reserves the right to reject or remove such content from the Website.
While sureYnot prohibits offensive and unlawful conduct and content on its Website and Service, you understand and agree that neither sureYnot nor its respective officers, directors, employees, contractors, and suppliers is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the sureYnot Service at your own risk.
If the primary purpose of your video is to promote a product, service, event, or website for a business, you must sign up to pay a monthly subscription fee of $9.95 or an annual subscription fee of $119.40. (Details and sign up instructions are available on our Advertising page). You cannot present commercial videos on sureYnot without a paid subscription first. Doing so will result in removal of your post(s) and immediate termination of your account.
ATTENTION MARKETERS: You will not engage in efforts of viral or "stealth marketing" on sureYnot.com without prior approval. If marketing activity for the promotion of any other commercial entity outside of this website is discovered without an active and current subscription, you agree that you are responsible for paying sureYnot.com $3.00 for each "view" of the video or audio file(s) in which your marketing messages or comments are contained. Your acceptance of these Terms and Conditions when joining sureYnot.com signifies your approval of these payment terms.
You must be at least 18 years of age to sign-up for sureYnot. See the Age/Ability to Accept Terms and Conditions section of this document for more details.
The open and real-time nature of an online community makes it impossible for sureYnot.com to vouch for the validity or honesty of the videos, audio files and comments ("User Content") from individual members. We are not responsible for any User Content posted, nor the consequences of viewing, listening or reading them. The views expressed in the User Content within the sureYnot online community are those of the authors, who accept total responsibility for the content of their posts. If you find any User Content on sureYnot.com to be offensive or objectionable, please flag the video or audio file. If it's a comment, click the "Report Abuse" link. If we determine that removal of a post or comment is necessary, we will make reasonable efforts to do so in a timely manner.
sureYnot.com will make every effort to ensure the proper operation of the website servers, website software, and the Internet connection to these servers, but cannot guarantee availability. sureYnot.com will make every effort to provide a free and open community environment within the boundaries of the Terms and Conditions that does not contain disruptive, pornographic, abusive, or threatening videos, audio files or comments, but cannot guarantee that all such posts will be found and removed within any specific timeframe.
You hereby agree to the following with regard to your use of the Website, Service or Software: In order to access some features of the Website, you will have to create an account.
• You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video and audio clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Content").
• You represent and warrant that all User Content that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner in compliance with Creative Commons), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
• You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
• You shall not share your password with any other person or post it on this or any other website.
• You shall notify sureYnot immediately of any breach of security or unauthorized use of your account.
• Although sureYnot will not be liable for your losses caused by unauthorized use of your account, you may be liable for the losses incurred by sureYnot or others due to unauthorized use.
• You shall not use the sureYnot Service for any illegal or unauthorized purpose.
• You shall not attempt to hack, destabilize or adapt the sureYnot Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with sureYnot.
• You shall not transmit worms, viruses or any code of a destructive nature to sureYnot or its users.
• You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service. Notwithstanding the foregoing, sureYnot grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. sureYnot reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
• Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the sureYnot Website or Service.
• You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Website, Services and Software and for paying all charges related thereto.
• Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively "Feedback") submitted to sureYnot shall become the property of sureYnot or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
• You shall not abuse, harass, threaten, harm or impersonate other sureYnot users, employees or contractors of sureYnot or any of its respective officers, directors, employees, contractors, and suppliers, at any time or for any reason.
• "Partner" shall mean any person, entity or organization with whom sureYnot enters into any kind of business transaction relating to the Service or User Content. Neither sureYnot nor any of its respective officers, directors, employees, contractors, and suppliers is responsible or liable for any unauthorized use of your account.
• You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
• You shall not 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 permission from their rightful owner to post the material and to grant sureYnot all of the license rights granted herein.
• You shall not broadcast or send any form of advertising, mass communication or solicitation to any sureYnot users.
• You understand that when using the sureYnot Website or Service, you will be exposed to User Content provided by other users and you agree that neither sureYnot nor any of its respective officers, directors, employees, contractors, and suppliers is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the sureYnot Website, please let us know.
• If you wish to distribute video for commercial purposes, you must become a paying subscriber. Details and sign up instructions are available on our Privacy page.
You retain your ownership rights to the User Content you upload to the sureYnot Website. sureYnot does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and sureYnot expressly disclaims any and all liability in connection with User Content.
You are responsible for your own User Content on the sureYnot Website and the consequences of posting or publishing it. By uploading User Content to the sureYnot Website, you hereby represent and warrant that:
• You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
• You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website and the Services.
• You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
• You shall make such permissions available to sureYnot and its respective officers, directors, employees, contractors, and suppliers upon request;
• Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
• You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of sureYnot.
You grant the rights hereunder whether or not your User Content is used by sureYnot, any other sureYnot users or sureYnot's respective officers, directors, employees, contractors, and suppliers. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of sureYnot or its respective officers, directors, employees, contractors, and suppliers (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held "in confidence" by sureYnot or its respective officers, directors, employees, contractors, and suppliers. sureYnot and its respective officers, directors, employees, contractors, and suppliers reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and sureYnot and its respective officers, directors, employees, contractors, and suppliers have no obligation to inform you of any decision to remove or not post such materials.
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms and Conditions. While sureYnot prohibits offensive and unlawful conduct and content on its Website and Service, you understand and agree that neither sureYnot nor its respective officers, directors, employees, contractors, and suppliers is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the sureYnot Service at your own risk.
You understand that User Content is made available to sureYnot users on an AS-IS, AS-AVAILABLE basis. Neither sureYnot nor its respective officers, directors, employees, contractors, and suppliers guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. sureYnot reserves the right to discontinue any aspect of the sureYnot Website or Service at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
sureYnot may provide you with an "Embeddable Player" feature to enable you to incorporate certain User Content hosted by the sureYnot Website which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided that you include a prominent link back to the sureYnot Website on all the pages containing the Embeddable Player. sureYnot shall have no responsibility or liability for the User Content its users post to other websites, and the removal of such content is the sole responsibility of those other websites.
The below specific and itemized rules not withstanding, all members are expected to participate with the same common every-day social graces used in civilized mixed company. Our desire is to foster an environment of civil decorum that enables our members to discuss highly provocative and intensely speculative topics without concern over personal attacks or insults.
All posts, comments, system email messages, videos, audio files, images, and other supported content that violate these Membership Guidelines or Terms and Conditions are subject to action that may include, but is not limited to, edits, removal, or account termination.
By becoming a member of sureYnot.com, you agree to the following:
You will not post any material that is knowingly false, misleading, or inaccurate. You will not solicit personal information from any member. You will not use information gathered from this website to harass, abuse or harm other people.
You will not post links to images or use avatars and signatures that are offensive, abusive, disruptive and/or hateful. You will not use images, avatars or link to images or domains that contain gore, mutilation, pornography or illegal (2e) content. Doing so will result in removal of your post(s) and immediate termination of your account.
You will not use profanity in your comments, and will neither post with language or content that is vulgar, obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content. You will also not use common alternative spellings or net-speak alternative for profane words.
You will not post any copyrighted material, material belonging to another person, nor link to any copyrighted material without providing proper attribution, as defined by the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License, to its original source.
You will not use your membership at sureYnot.com for any type of recruitment to any causes whatsoever. You will not post videos, audio files, comments, or use the system email feature, to disseminate advertisements, chain letters, petitions, pyramid schemes, or any kind of solicitation for political action, social action, letter campaigns, or related online and/or offline coordinated actions of any kind.
You will not post content that is clearly outside of any of the categories listed on sureYnot.com nor deliberately post repeated irrelevant comments or copies of identical comments (also known as "flooding").
The dominant language of our users and moderation staff is English. In order to promote a smooth-running environment and fair enforcement of these Terms & Conditions, you agree not to post or comment in any language other than English.
You will not behave in an abusive, hateful and/or racist manner, and will not harass, threaten, nor attack anyone.
You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting. Doing so will result in removal of your post(s) and immediate termination of your account.
You will not use sureYnot.com for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems. You will also not link to sites that contains discussion of such material. Doing so will result in removal of your post(s) and immediate termination of your account.
You will not create multiple user accounts and "talk to yourself".
You will not engage in an organized collaboration with other members to disrupt group topics or interrupt the flow of normal collaborative discussion. Doing so will result in removal of your post(s) and immediate termination of your account.
Posting of illicit activities; specifically the use of mind-altering drugs and substances, engaging in computer hacking, promoting criminal hate, pornography, discussing sexual relations with minors, and furtherance of financial schemes and scams are strictly forbidden. You will also not link to sites or online content that contains content, discussion or advocacy of such material. Any post mentioning or advocating personal use of illicit mind-altering drugs will result in immediate account termination.
You will not use the private email system to send mass messages to multiple member accounts. All email messages are subject to these terms and conditions, violations will result in immediate account termination. You also agree that email messages are confidential. You will not post or publically display email messages received from sureYnot.com staff or any other members, in any way, without the written permission of the author.
You will not use this online community to organize "attacks" on other social networks, online communities, forums, boards, blogs, or discussion groups, and similarly, you will not organize such attacks against this online community. Doing so will result in removal of your post(s) and immediate termination of your account.
Explicit or overt displays of affection towards other members seen by staff as being disruptive to sureYnot.com are strictly forbidden.
Your videos are your own. sureYnot.com claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.. sureYnot.com has the authority to decide to display your postings or not, and modify your posts to remove offensive material, modify your post title to accurately reflect content, remove vulgar comments, remove insults or delete any other content deemed inappropriate, at our discretion.
You will not copy material from sureYnot.com to post on other websites or quote in offline research in a manner that does not comply with the Creative Commons Licence.
By posting on sureYnot.com, you grant sureYnot.com and its parent organization the right to seek enforcement and legal remedy for any and all discovered usage violations falling under the DMCA and the Creative Commons content deed.
Free use limited to Non-Commercial use. If the primary purpose of your video is to promote a product, service, event, or website for a business, you must contact sureYnot.com to pay a monthly subscription fee of $9.95 or an annual subscription fee of $119.40. (Details and sign up instructions available on our Advertising page). You cannot present commercial videos on sureYnot without a paid subscription first. Doing so will result in removal of your post(s) and immediate termination of your account.
ATTENTION MARKETERS: You will not engage in efforts of viral or "stealth marketing" on sureYnot.com without prior approval. If marketing activity for the promotion of any other commercial entity outside of this website is discovered, you agree that you are responsible for paying sureYnot.com $3.00 for each "view" of the video or audio file(s) in which your marketing messages or comments are contained. Your acceptance of these Membership Guidelines and Terms and Conditions for joining sureYnot.com signifies your approval of these payment terms.
As sureYnot.com is provided as a free service for non-commercial use, in part through the income of our advertising, you agree not to use "ad-blocking" software or similar built-in web browser options designed to obfuscate or block online advertising while using the website.
At all times, you agree to remain solely responsible for anything found within your posts, comments, images, audio files, and videos and agree to indemnify and hold sureYnot.com harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, any material you submit, post to or transmit through sureYnot.com, your use of sureYnot.com, your connection to sureYnot.com, your violation of these terms and conditions, or your violation of the rights of another.
You will not attempt to access any protected sections of sureYnot.com, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the software or to obtain information beyond the allowed features of your account status. Doing so will result in immediate termination of your account.
You will, if asked by the administrator or a moderator, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste by the representatives of sureYnot.com.
sureYnot.com does not and cannot review all of the content of every video, audio file and comment posted and does not accept responsibility for the contents of any member content. We reserve the right to delete any video, audio file or comment for any reason whatsoever. Should you continue to post videos, audio files and comments that violate the Terms and Conditions of Use, your account may be terminated and your service provider(s) may be contacted about your behavior. Furthermore, sureYnot.com expressly reserves the rights under the law to take any other actions deemed necessary.
sureYnot.com also reserves the right to disclose any known personal information when required by law or in the good-faith belief that such action is necessary to conform to the law or comply with a legal process served on sureYnot.com, protect and defend the rights or property of the sureYnot.com domain, members or visitors to this domain, identify persons who may be violating the law, the legal notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.
sureYnot.com provides a venue for sharing videos and audio files and discussing those posts covering a wide variety of subjects, but does not endorse any particular theory, opinion, viewpoint, or position on any topic. Furthermore, though operating costs are supported by advertising and promotional revenue, sureYnot.com does not officially endorse or promote any commercial product or service.
sureYnot.com makes no claim or warranty, implied or otherwise, that guarantees the availability of the free or paid services offered under it's domain.
Violation of any aspect of the Terms and Conditions of Use are subject to our Actions for General Abuse and Violations. Or, in extreme cases, immediate banning of your username/IP from sureYnot.com and/or the removal of your email/password from the database. You agree that all disputes of any type, regarding any transgression or disagreement with the policies of sureYnot.com, the decisions of one of the moderators or administrative staff are final.
All members who use sureYnot.com should be aware of our Terms and Conditions. These are the benchmark by which we determine if any action must be taken against a member who violates the clear rules of conduct. If and when that happens, these steps will be followed.
When a new member violates the terms and conditions for the first known time, generaly an initial system email notice will be given. This notice will be from a staff member and the word "NOTICE" will appear in the subject line. However, please be aware that this step may be bypassed for either repeat offenders, serious violations, or longer term members.
Staff has the ability to warn members. Each warning carries a temporary suspension and lasts 72 hours. If a member receives more than 5 warnings, their account may be terminated.
If the above two steps have not resulted in improved participation on sureYnot.com, a final step of site ban and account termination will be imposed. Members who are banned in this way cannot access sureYnot.com. The member's IP address will be banned from the server and their account terminated by removal of their email/password from the database. Please be aware that exceptionally serious offenders and, those we determine are returning previously banned members, may receive this action as our first response.
These steps will always be followed by sureYnot.com's staff. However, because often times members are unaware of the "behind the scenes activities," it may not appear as though this is the case. But now that we have posted our sequence of disciplinary events, this should clear things up considerably.
This is a privately owned video and audio sharing community. sureYnot.com's administrators and senior moderator staff reserve the right to take action against any member who is deemed to be devoted purely to disruption, whose actions represent behavior contrary to community building, or whose content is contrary to the core ideals, categories or topics related to sureYnot.com. This action may include complete banning of your username and IP address. sureYnot.com reserves the right to eliminate or edit any content deemed inappropriate for the site. sureYnot.com reserves the right to establish limits on topics that may be posted if, in their opinion, the discussion of those topics attract an audience that is counterproductive to maintaining the ideals set forth in these Terms and Conditions of Use.
By joining sureYnot.com, you agree to honor these Membership Guidelines and Terms and Conditions for so long as your account status remains active.
Subject to these Terms and Conditions, sureYnot grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use the Software.
You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of sureYnot; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever; (iv) remove or alter any copyright and/or other proprietary notices contained on or in the Software; (v) use the Software for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes.
You have no ownership rights in the Software or any related documentation. You acknowledge that the Software, including the related documentation and any new releases, modifications, and enhancements thereto, belong to our licensors if any, including all intellectual property rights therein. sureYnot’s licensors retain all right, title, and interest in and to the Software and any related documentation. You understand and agree that you shall gain no right, title, or interest in or to the Software by virtue of your Feedback and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto).
You understand and agree that portions of the Software or Service may include third party software that may be subject to a separate license agreement (not this license), that we have no responsibility or liability to you with respect to such third party software, and you agree to comply with and be bound by such separate license agreement. Use of the Service or Software may, in the future, require the installation of third party software which we may direct you to on our Website. This software is provided to you from the applicable third party and its use is subject to an end user license agreement with such third party and we will not be responsible for providing such third party software or its use.
sureYnot and its respective officers, directors, employees, contractors, and suppliers respect the intellectual property of others, and we ask you and all of our users to do the same. sureYnot may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sureYnot with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A link to the material that you claim is infringing is located on the Website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send this information to:
5251 N 17th St
Ozark, MO 65721
The content on the sureYnot Website, Service and Software, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, audio files, interactive features and the like ("sureYnot Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to sureYnot, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. sureYnot Content on the Website, Service and Software is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. sureYnot reserves all rights not expressly granted in and to the Website, Service and Software and the sureYnot Content. You agree to not engage in the use, copying, or distribution of any of the sureYnot Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the sureYnot Content for personal use, you must retain all copyright and other proprietary notices contained therein. You will not post any copyrighted material, material belonging to another person, nor link to any copyrighted material without providing proper attribution, as defined by the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License, to its original source. You agree not to circumvent, disable or otherwise interfere with security related features of the sureYnot website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the sureYnot website or the Content therein.
sureYnot reserves the right at any time to charge fees for access to new sureYnot content or services or to portions (or all) of the existing Website or Service. In no event will you be charged for access to any sureYnot content or service unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
YOU AGREE THAT YOUR USE OF THE SUREYNOT WEBSITE, SERVICE AND SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUREYNOT.COM, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND SOFTWARE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. SUREYNOT.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SUREYNOT WEBSITE, THE SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 SUREYNOT WEBSITE. SUREYNOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUREYNOT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUREYNOT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL SUREYNOT.COM AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUREYNOT WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER SUREYNOT.COM NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by sureYnot from its facilities in the United States of America. sureYnot makes no representations that the sureYnot Website is appropriate or available for use in other locations. Those who access or use the sureYnot Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Without limiting the above, you hereby release, discharge and hold harmless sureYnot and its respective officers, directors, employees, contractors, and suppliers (and each of their respective officers, directors, employees, contractors, and suppliers) (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your User Content, including without limitation any exploitation of your User Content, on any legal theory whatsoever (including, but not limited to, copyright infringement, DMCA infringement, Creative Commons infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).
You agree to defend, indemnify and hold harmless sureYnot and its respective officers, directors, employees, contractors, and suppliers, (and each of their officers, directors, employees, contractors, and suppliers), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in any way relating to: (i) your (or anyone using your account's) use of and access to the sureYnot Website, Service or Software; (ii) your (or anyone using your account's) violation of any term of these Terms and Conditions; (iii) your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright property, personal injury or privacy right; or (iv) any claim that (or anyone using your account's) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the sureYnot Service and Website.
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 and disclaimers may not apply to you. To the extent that sureYnot or its respective officers, directors, employees, contractors, and suppliers may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of sureYnot and its respective officers, directors, employees, contractors, and suppliers shall be the minimum permitted under such applicable law.
You acknowledge that sureYnot may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. sureYnot may at any time and from time to time modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Neither sureYnot nor its respective officers, directors, employees, contractors, and suppliers are under any obligation to preserve, provide access to or return to you any User Content. You agree that sureYnot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse Service to anyone or to terminate a user's account for any reason at any time.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by sureYnot without restriction.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Christian County Missouri and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, sureYnot may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.