Terms & Conditions
Jan 2, 2005 Uncategorized
This Website User Agreement governs your (“subscriber”, “you” and “your”) use of this website and the relationship between you and SMA Distributing, Inc. (“Company”), owner of HolyShitMan.com
Your use of HolyShitMan.com (“Website”) is governed by this Website User Agreement (“Agreement”). Company reserves the right to update or change this Agreement at any time and for any reason without notice to you, and you agree that by continuing to use this Website after we make any changes to this Agreement and post them on the Internet, that you are bound by the then current version of this Agreement. By visiting or using this Website, you agree to the following:
1. Your act of visiting or using this Website has the same legal force and effect as a written contract with your written signature and that you won’t challenge the validity, enforceability or admissibility of this Agreement on the grounds that you agreed to it electronically. You also agree that you have had an opportunity to print a copy of this Agreement for your records.
2. The content of the Website is designed and intended for entertainment purposes only. You understand that NOTHING THAT IS SAID ON THIS SITE IS INTENDED TO BE TAKEN SERIOUSLY. You understand and agree that your use of this Website and any reliance you may place on any information on this website is solely at your own risk.
3. Certain portions of the Website may contain links to websites owned, controlled operated and sponsored by third parties (“Linked Sites”). Your use of the information and services on the Linked Sites will be governed by the user agreements that you will find on the Linked Sites. You should look for these as they contain important information regarding the uses and limitations of the various services offered via the Linked Sites.
4. You agree that the Linked Sites are not responsible in any way for the information provided by Company on this Website and that you therefore can have no claim or cause of action against the Linked Sites from any of the content or services provided by Company on this Website. In addition, Company and HolyShitMan.com are not responsible for the content on the Linked Sites.
5. YOUR USE OF THIS WEBSITE AND THE CONTENT AND THE LINKED SITES IS AT YOUR OWN RISK. YOU AGREE THAT THIS WEBSITE AND ITS CONTENT AND THE AND THE CONTENT ON THE LINKED SITES, ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ALSO UNDERSTAND AGREE THAT COMPANY, LINKED SITES AND WEBSITE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, SOFTWARE, CONTENT, AND INFORMATION INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. THERE ARE NO IMPLIED INDEMNITIES HEREUNDER.
6. Subscriber Conduct:
(A) Subscriber shall use website for lawful purposes only. Subscriber shall not post or transmit any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in company’s discretion restricts or inhibits any other Subscriber from using or enjoying website will not be permitted. Subscriber shall not use website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with website.
(B) Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Website are copyrighted as a collective work under the United States copyright laws. SMA Distributing Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SMA Distributing Inc. 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of HolyShitman.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted SMA Distributing Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants SMA Distributing Inc. the right to edit, copy, publish and distribute any material made available on website by Subscriber.
(D) The foregoing provisions of Section 6 are for the benefit of SMA Distributing Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. COMPANY AND THE LINKED SITES MAKE NO REPRESENTATIONS ABOUT THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE, CONTENT, SOFTWARE, OR INFORMATION ON THE WEBSITE OR THE LINKED SITES FOR ANY PURPOSE. COMPANY AND THE LINKED SITES ALSO DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THIS WEBSITE OR THE LINKED SITES. THERE IS NO WARRANTY THAT THIS WEBSITE, ITS CONTENT OR OUR EFFORTS, OR THE LINKED SITES, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
7. IN NO EVENT SHALL COMPANY AND/OR WEBSITE, OR ANY CONTRACTORS OR AGENTS OF COMPANY AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE LINKED SITES BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, EQUITY, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
8. You agree that exclusive jurisdiction for any claim or dispute against SMA Distributing, Inc. or its Linked Sites arising out of your use of this Website shall be governed by Michigan law without regard to its conflict of law principles, and that any such claim or action shall only be filed in the state or federal courts sitting in Oakland County, Michigan and you agree and expressly consent to the exercise of exclusive personal jurisdiction in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect
Thank you for checking out our site. If you have any questions, comments or concerns please feel free to contact us at Admin@holyshitman.com
Last Updated 1/02/2009 at 8:51 PM EST
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Privacy Policy
Jan 2, 2005 Uncategorized
Privacy Policy & Terms and Conditions
Privacy Policy
Thank you for visiting HolyShitMan.com, a SMA Distributing, Inc. site. Your privacy is important to us. To better protect your privacy, we provide this statement explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect
At holyshitman.com you are able to submit your email address to our newsletter or submit a comment with your e-mail address. If you enter in your email address into the comment section we may use your e-mail address listed to contact you regarding your comment. We do not share, give, sell or rent any personally identifiable information you provide with the exceptions noted below:
1. We may allow third parties to gain access to your information. These third parties will be contractually limited to use your personal information for the uses within this privacy agreement
Non-Persoanlly identifable information:
We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
If you choose to submit content for publication we may publish your screen name and other information you have provided to us.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our Web Site and applicable laws or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer personally identifiable information about you if we, or one of our business units, are acquired by, sold to, or merged with another company. Agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Statement by, for example, not using the information for any purpose other than to carry out the services they are performing for us.
We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.
Third parties
Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
If you have any comments, questions or concerns regarding how we use information on this site, feel free to contact us at admin@holyshitman.com
Last updated 1/01/2009 at 8:31 PM EST.
Tags: privacy policy