Fear of commitment
Welcome to the Secretandsurprises website at Secretandsurprises.com ("Site") which is owned by Secretandsurprises, LLC ("SAS"). This Site is operated by SAS, and all materials on the Site (the "Materials") are owned by or subject to a right of use by SAS. The Site may include Materials owned by third parties and posted on the Site by virtue of a license, grant or some other agreement for use between the third party and SAS.
Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@Secretandsurprises.com.
You may access the Site for its intended normal use. You may not use any device, software, routine or agent to interfere or attempt to interfere with the proper working of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure.
Children should always get permission from their parents before using the Internet and before sending any information about themselves (such as their names, email addresses, postal addresses and telephone numbers) over the Internet to SAS or to anyone else. We won't knowingly allow anyone under 13 to register with our Site or to provide any other PII through the Site without having first obtained parental permission to do so. If you are under 13, please do not register to use our Site or provide us with any PII without having first obtained parental permission to do so.
Some features and services on the Site require a user name and password for access. You are responsible for maintaining the confidentiality of your password and for use of the Site under your user name, password and other personal account information (whether by you or others). If you become aware of any unauthorized use of your user name, password or other personal account information, you agree to notify us immediately by sending a request to the Site administrator at info@Secretandsurprises.com.
While SAS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on the Materials contained in this Site at your own risk. The Site, and all Materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that SAS does not warrant that the Site is fit for any particular purpose; that the functions contained in the Materials will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; or that the Site is accurate, error free or reliable.
Further, you acknowledge that SAS, its parents and affiliates, together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
While visiting the Site, you may be redirected to certain non-SAS sites. For example, we may provide links to other websites containing information or tools that may be useful to you in making or defending an Accusation. We do not endorse, and are not responsible for, the content and accuracy of these sites. We also do not warrant that these sites are free from any claims of copyright, trademark or other infringement of the rights of third parties, or that such sites are free of computer viruses. We are also not responsible for the content of any site linked to our site.
If you link to our Site or incorporate User Content from our Site into your website as permitted above, you should not falsely imply or state that we sponsor, endorse or are otherwise affiliated with your website, unless you have obtained our express authorization to make such representation.
Although SAS has control over the technology, tools, images, instructional videos and supporting language that it places into the Site (the "Site Features"), the Site’s purpose is to present features that enable Users to create content and to debate the respective merits and demerits of the arguments they set forth for resolution. Accordingly, the Site Features are intended to be neutral, and if at any time it appears that SAS is making comment, offering an opinion or in any other way entering into the debate, SAS specifically disclaims the intent to engage in such conduct. Where appropriate, SAS may accept suggestions by Site Users and/or third-parties on how best to remain neutral in offering its interactive web service.
SAS will provide neutral "content creation" tools for the benefit of its Users, and may incorporate technology and instructions or links to helpful information and tools designed to make the User’s experience simple, clear, productive, educational and enjoyable. However, SAS does not warrant that these Site Features will function as intended, that the User experience will be error free, that any defects created by these Site Features will be corrected, or that these Site Features will produce the desired results.
One such Site Feature is the auto-generated email from the Accuser to the Accused, which may serve as the initial contact between the parties to the dispute so that resolution might be explored. If you are the Accuser, you should understand that when you initiate this Site Feature, an email will be sent to the Accused notifying him of your Accusation. If you are the Accused, you should understand that the auto-generated email was initiated by the Accuser as an effort to engage you in dispute resolution. This Site Feature will only initiate if the Accuser enters complete and accurate contact information for the Accused while uploading the Accusation. Further, SAS cannot guarantee that even if the contact information is complete and accurate, that the Accused will receive the email, or that the Accused will read and respond to the email even if received. SAS will not make any independent effort to contact the Accused or to place the Accused in contact with the Accuser aside from this neutral Site Feature.
The Site’s primary purpose is to enable an Accuser to make an Accusation of breach, failure of duty or performance, intentional misconduct or some other malfeasance committed against another, and for the Accused to respond and defend against the Accusation. Through the participation of other Site Users who may review and evaluate the evidence set forth in prosecution and defense of the Accusation made, the Site seeks to encourage resolution of the disputed claims, and perhaps simultaneously, of related or similar matters affecting the community.
To achieve this purpose, the Site is designed to provide you with the opportunity to state your Accusation verbally and to support it through the upload of documentary evidence, photographs, and videos, and for other Site Users to provide commentary, feedback, ideas for resolution, private messages and other user content. Site Users are also offered the chance to vote for the party in the dispute whom they feel should receive some relief. (All of this shall be collectively known as "User Content").
If you upload or transmit User Content, you grant to SAS a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reuse, edit, modify, translate, create derivative works from (including products), display, reproduce, publish, broadcast, stream, upload, download, and in all ways distribute and disseminate such User Content, in whole or in part, throughout the world in all media. You further grant to SAS the right to use your name and likeness and/or the name and likeness submitted with such User Content, without the requirement of payment and waiving all privacy and publicity rights you may have to the publication and dissemination of your name and likeness.
You agree that any User Content that you submit shall be considered non-proprietary and non-confidential. SAS shall have no obligations of any kind with respect to any User Content and shall be free to use, display, reproduce, distribute and disseminate any User Content for any purpose whatsoever, without limitation. You also agree that SAS shall be free to use any ideas, concepts or techniques embodied in the User Content for any purpose whatsoever, including, but not limited to, producing, developing and marketing news stories, television programs, films, Internet programming or content of any kind, products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any User Content uploaded or sent to us by you.
With respect to any User Content, SAS is merely a distributor of such Content. You understand and agree that SAS has the right in its sole discretion, but not the obligation, to monitor, edit, and remove any posted User Content, but at the same time assumes no liability for any such User Content. SAS specifically disclaims having conducted or employed any independent investigation into the accuracy, trustworthiness, veracity, completeness or usefulness of any User Content, and makes no warranty that any User Content is worthy of reliance by you or any third party for any purpose. It is expressly your responsibility to evaluate the accuracy, trustworthiness, veracity, completeness or usefulness of the User Content presented.
Consequently, SAS is not responsible for the opinions, accusations, judgments, criticisms, recommendations, advice or other statements (collectively, the "Statements") within the User Content. SAS does not endorse any User Content or any Statements expressed therein, and SAS expressly disclaims any and all liability that arises therefrom. The Statements are those of the Site Users submitting the User Content, who are solely responsible for them. SAS asserts the protections of The Communications Decency Act, 47 USCA §230, which insulates the provider of an interactive computer service from liability for the content provided by its Site Users or other third-party content providers.
You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. By using this Site, you agreeto accept such risks and you agree that we are not responsible for the acts or omissions of our Site Users. We may now or in the future provide you a mechanism or click button to allow you to report any User Content that you find objectionable. But please understand that in so doing, we do not guarantee that any such User Content will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete any User Content that you find objectionable. The Communications Decency Act, 47 USCA §230.
Notwithstanding, SAS does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and SAS will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights. SAS reserves the right to remove such User Content without prior notice.
Intellectual Property Rights
All Materials contained in this Site are protected by copyright and trademark and must only be used by you for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use, and you must keep all copyright, trademark and other proprietary notices attached to the downloaded material.
Requests for permission to reproduce or distribute Materials found on this Site can be made by contacting SAS in writing at:
Secretandsurprises, LLC 4516 Lovers Lane #104 Dallas, Texas 75225
You are also strictly prohibited from creating works or materials that derive from or are based on the Materials contained in this Site, including, without limitation and by way of example only, business letterhead and cards and other business documents, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
If you believe that any of the Materials contained in this Site infringes your copyright, you should notify SAS of your copyright infringement claim in accordance with the following procedure. SAS will process notices of alleged infringement which it receives and will take appropriate action as required by The Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:
Susan Shelton 4516 Lovers Lane #104 Dallas, Texas 75225
Telephone: 214.526.8830 Fax: 214.526.8834 E-mail: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 USCA §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. 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 at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Public Nature of Statements /Anonymity
You should be aware that the postings you make on this Site are public, that your statements and uploads will be distributed on the Internet and viewable by the public through the World Wide Web.
Prohibited Uses of the Site
You agree that in viewing, browsing, accessing or using the Site, you will not:
* Post or transmit User Content or engage in activities that violate or infringe the rights of others, including their rights of privacy and publicity, copyright, trademark, service mark, trade secret, patent or other intellectual or proprietary rights;
* Post or transmit User Content or engage in activities that are offensive, vulgar, profane, obscene or indecent, threatening, abusive, hateful, false, libelous or defamatory in any way, including User Content or activities that violate, or encourage others to violate, any law;
* Post or transmit User Content or other Materials or engage in activities that promote racism, bigotry, hatred, property damage or physical harm of any kind against any group or individual, that could be harmful to minors, or that harass or advocate harassment of another person;
* Post or transmit User Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or provide or creating computer viruses;
* Post or transmit User Content that contains restricted or password-only access pages, or hidden pages or images;
* Post or transmit User Content that contains a virus or any other harmful component;
* Publish falsehoods or misrepresentations that could damage SAS or any third party;
* Restrict others from using the Site;
* Attempt to gain unauthorized access to the Site or any of its Site Features by means such as hacking, mining, or other means not intentionally made available through the Site;
* Misrepresent yourself or your affiliation with any person or entity;
* Represent that SAS endorses or supports the Statements in your User Content;
* Harvest or otherwise gather other people’s Personally Identifiable Information, including names and email addresses, through the Site;
* Ask minors for their Personally Identifiable Information, including names and email addresses, or seek to exploit minors through communications initiated through the Site;
* Collect User Content or other Materials available on the Site using any unauthorized means, including, without limitation, scraping, indexing, "bots," or other automated methods of gathering content, without our express written consent.
Notwithstanding the foregoing, unless SAS indicates otherwise, SAS grants the operators of public search engines permission to use spiders to copy User Content from the Site for the sole purpose of creating publicly available searchable indices of the Materials. SAS reserves the right to revoke such permission at any time. * Circumvent, disable or otherwise interfere with security-related features of the Site or Site Features that prevent or restrict use or copying of any User Content or other Materials or enforce limitations on use of the Site or any Materials therein;
* Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
* Take any action that imposes an unreasonable or disproportionately large load on our hardware and software infrastructure;
* Except in permitted areas of the Site, and only in compliance with all applicable rules and policies pertaining to advertising on the Site (as supplied by SAS in a separate agreement), (a) advertise or solicit users to buy or sell products or services or make any contributions, including, but not limited to, posting or transmitting chain letters, charity requests, petitions for signatures, spam and junk mail, and (b) use the Site for commercial purposes or engage in commercial activities without SAS’s prior written consent, including, but not limited to, contests, sweepstakes, barter and pyramid schemes.
Advertisements and Site User Business Transactions
The Site may now or in the future offer opportunities on the Site for commercial merchants, other advertisers of products and services, and interactive Site Users to buy and sell items of personal and real property, services, employment opportunities and other commodities. Unless specifically stated otherwise, SAS is never a party to any transaction between buyers and sellers on the Site. We accept no liability for any error or omission with respect to any advertisement placed on the Site or transaction occurring through the Site. Further, when you deal with a third-party merchant through our Site, you are subject to its terms and conditions and policies. For information about a merchant, its products, services, privacy policies, and any other applicable terms and conditions, contact that merchant directly or visit that merchant’s website. SAS is not responsible for any damages that you incur or any claims you may have arising out of your purchase or use of any products or services from, or your dealings with or reliance on, third parties through the Site.
If we, at our option, choose to accept responsibility for an error or omission, such as, by way of example only, if we fail to accurately display an advertisement or contribute to an error in communication between the parties to a transaction, in no event shall our acceptance of responsibility in the single instance be an admission of responsibility in any other instance, and any damage arising therefrom shall be limited to actual damages incurred as a direct and proximate result of our conduct, and nothing more.
Limitation of Liability
As a Site user, you agree to defend, indemnify and hold harmless SAS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or occurring as a result of your misconduct in connection with the Site: (1) your actual or alleged negligent, reckless, intentional or willful misuse of this Site; (2) your breach or alleged breach of this Agreement; and (3) your infringement or alleged infringement of the copyright, trademark, proprietary or other rights of third parties.
Termination SAS reserves the right to immediately terminate your use of, or access to, this Site at any time if SAS decides in its sole discretion that you have breached this Agreement or any relevant law, rule or regulation, or you have engaged in conduct that SAS considers to be inappropriate or unacceptable.
Cure Right / Limitation of Action
Before seeking legal recourse for any harm you believe you have suffered from your access to the Site, you agree to inform us and to give us thirty (30) days to cure the harm. Thereafter, you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any action.
Governing Law / Venue
All disputes, differences, and controversies arising under and in connection with this Agreement shall be settled and finally determined by arbitration in Dallas, Texas according to the rules of the American Arbitration Association now in force or hereafter adopted.
In the event any dispute arising hereunder or in connection with the Site cannot be finally resolved by arbitration as set forth in the preceding paragraph, you agree to be governed by, and this Agreement construed in accordance with, the laws of the State of Texas, notwithstanding any Conflicts of Laws principles to the contrary. You agree to submit to the exclusive jurisdiction of the courts of the State of Texas or, if appropriate, the United States District Court for the Northern District of Texas, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding, or to proceed as a class or group.
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