The StreetSource, LLC Terms for Use of Services

This Web site (referred to as "SSM") is offered to you, the user, by StreetSource, LLC ("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 StreetSource, LLC, its subsidiaries, affiliates and related entities ("StreetSource, LLC Family"). StreetSource, LLC 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 StreetSource, LLC.
• 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@StreetSourceMag.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@StreetSourceMag.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© 1999-01 StreetSource, LLC. and/or its parent and affiliated companies (the "StreetSource, LLC Family") and/or its suppliers, StreetSource, 2141 W. Airport Way Suite 500, Boise, ID 83705. All rights reserved. SSM is for the personal, non-commercial use of users.

B. StreetSource, LLC and the StreetSourceMag.com logo are trademarks of StreetSource, LLC. SSM, StreetSourceMag.com, StreetSource and its logo are trademarks or servicemarks of StreetSource, LLC. All other product and company names appearing on StreetSourceMag.com or any other website controled by StreetSource, LLC 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 StreetSource, LLC 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 StreetSource, LLC 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 StreetSource, LLC 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 StreetSource, LLC 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 StreetSource, LLC 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 StreetSource, LLC FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH SSM AND NEITHER SSM NOR THE StreetSource, LLC 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@streetsourcemag.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 StreetSource, LLC 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