The Street Source Terms for
Use of Services
This Web site (referred to as "SSM") is offered to
you, the user, by Street Source ("SSM") conditioned on your
acceptance, without modification, of the terms, conditions, policies and
notices contained herein. Your use of SSM constitutes your agreement to all
such terms, conditions, policies and notices (the "Agreement"). The
Agreement is applicable only to SSM and not other sites on the World Wide Web
owned or operated by Street Source, its subsidiaries, affiliates and
related entities ("Street Source Family"). Street Source may
change, add or remove any part of this Agreement, or any other terms associated
with the use of SSM, at any time, by posting a notice of such changes. Any changes
shall become part of the Agreement and shall apply as soon as such a notice is
posted. By continuing to use SSM after the notice is posted, you are indicating
your acceptance of those changes.
SSM
is only for your personal use. You may not sell or exchange anything you copy
from SSM or use it for any business or commercial purpose. As long as you
comply with the terms of this Agreement, SSM grants you a non-exclusive,
non-transferable, limited right to enter, use, perform and display SSM and
everything on it. You agree not to interrupt or attempt to interrupt the
operation of SSM in any way.
PRIVACY POLICY
1.
Your Personal Information
A.
Do you have to provide personal information to interact with SSM or any other
part of SSM?
- You can visit SSM as a guest
while remaining anonymous by not providing any personal information
(although you may not be able to access all of the features and
functionality of SSM if you do not register with SSM). In some cases, SSM
may automatically collect information about you that is not personally
identifiable. Examples of this type of information include the type of
Internet browser you are using, the type of computer operating system you
are using, the domain name of your Internet service provider and/or the
Web site from which you linked to SSM site or advertisement.
B.
What kind of personal information will SSM ask you to provide and why?
- In order to register for SSM,
we require you to provide us with the following personal information: your
name, full e-mail address, country of residence, zip/postal code,
birthdate and gender. You can opt whether or not to provide the following
additional personal information when registering for SSM: your education
level, marital status, income level and the number of children in your
household.
- Other kinds of personal
information will be required for sweepstakes, contest registration and
other features of Street Source.
- REMEMBER : SSM
will not collect any personal information about you unless you provide it
to us voluntarily.
- ALSO, REMEMBER:
Personal information voluntarily disclosed by you within SSM's chat areas,
message boards or during game play can be collected by other users of such
services and may result in unsolicited messages.
C.
How does SSM use your personal information?
- SSM's internal use: We use
the information we collect to learn what you like and improve this Web
site and our other products. We send e-mail to our members who want to
receive e-mail from us. However, if you don't want to receive e-mail from
us, you can "opt out" of receiving it at the time you register
as a member on SSM or each time we request information from you.
- Sharing of Information with
Third Parties: We will not give any of your personal information to any
third party without your express approval. The only personal
information we will ask you if you want us to share with third parties is
your name and e-mail address. If you don't want us to share your name and
e-mail address, you can tell us that by clicking on "No" in the
box at the time you register as a member on SSM or each time we request
information from you or at other points.We sometimes share aggregated (not
personal) information with third parties about our user base, but that
information does not include any individually identifiable material.
D.
What are "Cookies" and how are they used?
- Cookies are small files that
may be downloaded to your computer to help the operator of a Web site
understand your usage patterns on that site. They may also improve the
performance of a site for an individual by storing on your computer such
items as user passwords, computer configuration, browser type, etc.
Most
browsers are set to accept cookies without any action required by the user. You
can alter that default setting by clicking the help button and following the
instructions for your browser. However, if you set your browser not to accept
cookies, some parts of SSM may not work correctly for you.
E.
What happens to my personal information when I link from SSM to another site
such as an advertiser's site?
- Other Web sites are linked to
SSM, including those of advertisers whose ads appear on SSM. Those sites
may have different privacy policies.
- If you click on a hyperlink
or an advertisement, you will be leaving SSM and you may go to a site
where different information is collected about you. SSM does not know, and
is not responsible for, what other Web sites do with your personal
information.
FOR
KIDS:
- If you are under 18 years of
age, you need to let your parent or guardian know about SSM's privacy policy
and get his/her permission before giving us any of your personal
information, even information required for SSM registration.
- Also, get your parent's or
guardian's permission before using the message board or chat features of
SSM.
- Don't post your real name on
a Web site, and never tell anyone online anything private about yourself
or your family, including your phone number and address. Use screen names
at all times.
- If you win a contest that has
a prize, your parent or guardian will have to mail or fax us a signed note
at the address or fax number listed in the rules for the specific contest
that says it was OK for you to enter, and tells us they will accept the
prize for you.
- You will be told to ask a
parent before you pay for anything on SSM if you are under 18. (If you buy
anything online, you or your parents may send it back within thirty days
if you don't open it.)
- Some areas of this Web site
may have special rules for children under the age of 18. When you are in
those areas you must follow those rules.
FOR
PARENTS:
Parents
or guardians are encouraged to spend time online with their children to become
familiar with the types of content available on SSM and the Internet in
general. Parents should regularly oversee their children's use of e-mail and
other online communications and transactional features. Control tools are
available from online services and software manufacturers that can help provide
a safe online environment for kids. You can find out about software that
protects your children at the Direct Marketing Association's home page at:
http://www.the-dma.org. If your child has used your credit card on SSM without
your permission, contact us immediately at MembershipHelp@StreetSource.com.
If a child has provided us with personally identifiable information, a parent
or guardian of that child should contact us by sending an email to MembershipHelp@StreetSource.com
if he/she would like this information deleted from our records. We will use
reasonable efforts to delete the child's information from our existing files.
SSM COMMUNICATION FEATURES
SSM's
communication features (e.g., SSM, Message Boards, etc) are free services provided
to members of SSM. By using any of SSM's communication features, you agree to
be bound by the following terms and conditions. If you do not wish to be bound
by these terms, then please do not use them. You understand that all messages
appearing in SSM's communication features are the sole responsibility of those
persons posting the message. This means that you, and not SSM, are entirely
responsible for all information and material that you post there. SSM has no
obligation to monitor or supervise SSM's communication features, and expressly
disclaims any representation that it will monitor or supervise them, but also
expressly reserves the right to monitor or supervise them in its sole
discretion. SSM does not control the content of any postings in SSM's
communication features and does not guarantee the accuracy, integrity or
quality of anything within them. You understand that by using SSM's
communication features, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will SSM be liable for any
errors or omissions in any postings or for any loss or damages of any kind
incurred as a result of the use of any information contained within SSM's
communication features. You acknowledge that they are forums for public and not
private communications. SSM retains the right to terminate SSM membership of
any SSM member who violates the following Rules of Conduct. Also, please
carefully review SSM's policies concerning submission of creative ideas,
suggestions and materials, located in Section 4 of SSM's General Terms and
Conditions.
1. Rules of
Conduct
You
agree not to do any of the following while on SSM:
1. transmit
any message, information, data, text, software or graphic files, or other
materials ("Content") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may
be invasive of another's right of privacy or publicity, hateful, racially,
ethnically or otherwise objectionable;
2. impersonate
any person or entity, including but not limited to, a SSM official, forum
leader, guide or host or falsely state or otherwise misrepresent your
affiliation with a person or entity;
3. post or
transmit any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
4. post or
transmit any Content that contains a virus or corrupted data;
5. delete any
author attributions, legal notices or proprietary designations or labels that
you upload to a SSM communication feature;
6. use SSM's
communication features in a manner that adversely affects the availability of
its resources to other users (e.g., excessive shouting [use of all caps] or
flooding [continuous posting of repetitive text]);
7. post or
transmit any unsolicited advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid
schemes" or any other form of solicitation;
8. intentionally
or unintentionally violate any applicable local, state, national or
international law, rule or regulation; and
9. upload or
transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party.
By
submitting (e.g., uploading) Content to a SSM communication feature, you
automatically grant SSM the royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed. In
addition, you warrant that any and all so-called "moral rights" in
the Content have been waived.
SSM
and its designees shall have the right, but not the obligation, in their sole
discretion to edit, refuse to post, or remove any Content posted in SSM's
communication features. Without limiting the foregoing, SSM and its
designees shall have the right to remove any Content that is in violation of
the provisions hereof or otherwise objectionable. You agree to indemnify and
hold SSM harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your violation of these
terms and conditions or your violation of any rights of another.
2.
Links
The
Message Boards may provide and users may include in messages, links to other
Web sites or resources. SSM is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. SSM shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services
available on such external sites or resources.
GENERAL TERMS AND CONDITIONS
1.
Fee-Based SSM Games
Some
contents and/or services on SSM may be offered to you on a fee basis. If you
elect to purchase fee-based content and/or services and transmit to SSM a
purchase request, you warrant that your use of the particular credit card is
authorized and that all information that you submit is true and accurate
(including, without limitation, your credit card number and expiration date),
and you agree to pay all fees you incur. Any account name and password supplied
to you in connection with fee-based content and/or service you purchase is
personal to you and the members of your household, and you may not transfer or
make available your account name and password to others, including, without
limitation, your co-workers. Any distribution by you of such account name and
password may result in cancellation of the fee-based content and/or service
without refund and in additional charges based on unauthorized use.
2.
Copyright and Trademark Notices
A.
All contents of this Web Site are: Copyright� 1999-2009 Street Source. and/or
its parent and affiliated companies (the "Street Source Family")
and/or its suppliers, StreetSource, . All
rights reserved. SSM is for the personal, non-commercial use of users.
B.
Street Source and the StreetSource.com logo are trademarks of
Street Source. SSM, StreetSource.com, StreetSource and its logo are
trademarks or servicemarks of Street Source. All other product and company
names appearing on StreetSource.com or any other website controled by
Street Source are the tradenames, trademarks or registered trademarks of
their respective owners.
3.
Intellectual Property
SSM,
including, without limitation, all communication features of SSM, contains
copyrighted material, trademarks and other proprietary information including,
without limitation, text, software, photographs, video, graphics, music and
sound, and the entire contents of SSM and each area contained therein are
copyrighted as a collective work under the United States copyright laws. SSM
owns a copyright in the selection, coordination, arrangement and enhancement of
such content. You may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the
content contained on SSM (including, without limitation, content that SSM enables
you to download) without the express written permission of SSM and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark, legend or copyright notice shall be made. The
downloading of copyrighted material from SSM is allowed by you only for your
own use. You acknowledge that SSM and/or third-party content providers remain
the owners of all materials posted on SSM, and that you do not acquire any of
those ownership rights by downloading copyrighted materials.
4.
Submissions
A.
SSM is pleased to hear from its customers and welcomes your comments regarding
SSM's online services. Unfortunately, however, SSM's long-standing company
policy does not allow us to accept or consider creative ideas, suggestions or
materials other than those it has specifically requested. We hope you will
understand that it is the intent of this policy to avoid the possibility of
future misunderstandings when projects developed by SSM's professional staff
might seem to others to be similar to their own creative work. Accordingly, we
must, regretfully, ask that you do not send us any original creative materials
such as game ideas or original artwork. While we do value your feedback on our
services and products, we request that you be specific in your comments on
those services and products, and not submit any creative ideas, suggestions or
materials.
B.
If at our request you send certain specific submissions (e.g., postings to a
SSM communication feature or contests) or, despite our request that you not
send us any other creative materials, you send us creative suggestions, ideas,
notes, drawings, concepts or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain,
the property of SSM. None of the Submissions shall be subject to any obligation
of confidence on the part of SSM, and SSM shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing, SSM shall
exclusively own all now known or hereafter existing rights to the Submissions
of every kind and nature, in perpetuity, throughout the universe and shall be
entitled to unrestricted use of the Submissions for any purpose whatSSMver, commercial
or otherwise, without compensation to the provider of the Submissions. You
waive any and all moral rights in any such Submissions as well as any claim to
a right of credit or approval.
5.
Software Available on this Web Site
A.
Any software that is made available to download from this Web site
("Software") is the copyrighted work of SSM and/or the StreetSource,
LLC Family and/or suppliers. Use of the Software is governed by the terms of
the end-user license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). End users shall not install or
use any Software that is accompanied by or includes a License Agreement unless
the end user first agrees to the License Agreement terms. For any Software not
accompanied by a license agreement, the following shall constitute the License
Agreement: SSM hereby grants to you, the user, a personal, non-transferable
license to use the Software for viewing and other use of this Web site in
accordance with these terms of use, and for no other purpose. Please note that
all Software, including, without limitation, all HTML code contained in this
Web site, is owned by SSM and/orthe Street Source Family and/or suppliers
and is protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
B.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
SSM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.
DISCLAIMER OF LIABILITY
A.
NEITHER SSM, THE Street Source Family, NOR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON SSM,
NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY
WARRANTY WHATSSMVER, INCLUDING, WITHOUT LIMITATION, THAT SSM WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF SSM OR AS TO THE ACCURACY, RELIABILITY,
QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR
THROUGH SSM, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF SSM.
B.
SSM AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF SSM, INCLUDING, WITHOUT
LIMITATION, ALL COMMUNICATION FEATURES OF SSM, IS AT YOUR SOLE RISK.
7.
LIMITATION OF LIABILITY
A.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF SSM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
B.
IN NO EVENT WILL SSM, THE Street Source Family OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES
CONTAINED ON SSM, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY
TO USE SSM, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY
YOU OF SSM OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE
DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION
WITH SSM OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO SSM, EVEN IF SSM WAS PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
C.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SSM
PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING SSM IS MADE BY YOU,
THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES,
IF ANY, PAID BY YOU FOR USE OF SSM.
D.
NEITHER SSM NOR THE Street Source Family ENDORSES OR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE,
DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON SSM, INCLUDING, WITHOUT
LIMITATION, ALL COMMUNICATION FEATURES OF SSM, BY ANYONE OTHER THAN AUTHORIZED
SSM EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES
WILL SSM, THE Street Source Family OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON SSM,
OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR
THROUGH SSM, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF SSM.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH SSM,
INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF SSM. PLEASE SEEK
THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
E.
NEITHER SSM NOR THE Street Source Family ENDORSES, WARRANTS OR GUARANTEES
ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH SSM AND NEITHER SSM NOR
THE Street Source Family WILL BE A PARTY TO OR IN ANY WAY MONITOR 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.
8. Notice
SSM
may give notice to you by means of a general notice on SSM, electronic mail to
your e-mail address on record in SSM's account information (if you are a SSM
Member), or by written communication sent by first class mail, postage prepaid,
or overnight courier to your address on record in SSM's account information (if
you are a SSM Member). You may give notice to SSM by electronic mail to MembershipHelp@StreetSource.com
9.
Termination
Either
SSM or you may terminate this Agreement at any time. Fees paid for any subscription
term or pay-per-use are paid in advance and are not refundable in whole or in
part. You may terminate this Agreement at any time by not using SSM. We can
terminate the Agreement by asking you to stop using SSM, and, if necessary, by
preventing your access to SSM. Upon termination of this Agreement, you shall
have no further rights to use SSM or its services. Your only right and remedy
with respect to any dissatisfaction with SSM is to terminate this Agreement,
including, without limitation, any dissatisfaction with (i) any terms and
conditions of this Agreement, or any policy or practice of SSM in operating
SSM, (ii) content available through SSM, or any change therein, or (iii) the
amount or type of fees or billing methods, or any change thereof. Without
limiting the foregoing, SSM shall have the right to terminate this Agreement
with you, effective immediately, and/or terminate or temporarily suspend your
access to all or any part of SSM, without notice, in the event of any conduct
by you which SSM, in its sole discretion, considers to be unacceptable, or for
conduct that SSM believes is a violation of the terms and conditions contained
herein or any policies or guidelines posted by SSM on SSM, or for other conduct
which SSM believes, in its sole discretion, is harmful to SSM, other SSM
Members or other users of SSM. SSM reserves the right to deny registration of
any individual as a SSM Member and to deny access to SSM to any individual. All
of the Sections of the General Terms and Conditions of this Agreement survive
termination of this Agreement.
10.
Indemnification
You
agree to indemnify and hold harmless SSM, the Street Source Family and all
of their respective officers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, "Indemnified
Parties") from and against any and all liability and costs including,
without limitation, attorneys' fees and costs, incurred by the Indemnified
Parties in connection with any claim arising out of (i) any breach by you of
the Agreement or the foregoing representations, warranties and covenants or
(ii) your use of SSM, including, without limitation, all communication features
of SSM.
11.
Taxes
You
may be required to report as taxable income the value of any prizes received by
you. To collect a prize, you will be required to provide a valid Social
Security number or other tax identification number and any other information
reasonably required by SSM. SSM and/or any sponsor who provides a particular prize
may report the value of the prize to Federal and/or state taxing authorities.
12.
Jurisdictional Issues
This
site is controlled and operated by SSM from its offices within the State of
Idaho, United States of America. SSM makes no representation that materials in
this site are appropriate or available for use in other locations. Those who
choose to access SSM from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Software from SSM is further subject to United States export
controls. No software from SSM may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
13.
Miscellaneous
This Agreement constitutes the entire agreement
between SSM and you with respect to the subject matter hereof, and supersedes
all previous agreements between the parties with respect to such subject
matter, whether written or oral. This Agreement shall be construed in
accordance with the laws of the State of Idaho, without regard to Idaho's
principles of conflict of laws. You hereby consent to personal jurisdiction by
the state and federal courts sitting in the State of Idaho. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not affect the interpretation of this
Agreement. If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions.