Last updated: April 26, 2017
Saturate operates this site and provides the social networking tools and services that allow individual users to create customized online personal profiles. The services offered by Saturate include access to any Saturate-branded URL (the “SATURATE Website”) and other features (e.g., Blog, Resource site, video embedded players) made available by SATURATE from time to time, the opportunity for users to create and upload their own content on the SATURATE Website, and any other features, content, or applications offered from time to time by SATURATE in connection with this site (collectively, the “SATURATE Services”). The SATURATE Services are hosted in the U.S.
This Agreement includes SATURATE’s policy for acceptable use of the SATURATE Services and Content (as defined in Section 6.1 below) posted on or through the SATURATE Services as well as your rights, obligations, and restrictions regarding your use of the SATURATE Services and Content posted on or through the SATURATE Services. In order to participate in certain SATURATE Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from SATURATE. Unless otherwise provided by the additional terms and conditions applicable to the SATURATE Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
SATURATE may modify this Agreement from time to time, and such modification shall be effective upon posting by SATURATE on the SATURATE Website. Your continued use of the SATURATE Services after SATURATE posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.
Please choose carefully the information that you post on or through the SATURATE Services and that you provide to other Users. Your SATURATE profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products, or services provided by other SATURATE Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and SATURATE assumes no responsibility or liability for this material. If you become aware of misuse of the SATURATE Services by any person, please click on the “Contact SATURATE” link at the bottom of the SATURATE Website pages.
- General. SATURATE has the right, but not the obligation, to monitor any activity and content associated with this site. SATURATE may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the SATURATE Services at any time. SATURATE expressly reserves the right to remove, screen, or edit any content that SATURATE deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated third-party copyright, SATURATE may permanently suspend your registration for and use of the SATURATE Services. SATURATE may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.
- Eligibility. Use of the SATURATE Services and registration to be a Member for the SATURATE Services (“Membership”) is void where prohibited. By using the SATURATE Services, you represent and warrant that (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the SATURATE Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe that you are over 18 years of age and represent yourself as under 18.
- Term. This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the SATURATE Services or are a Member. You may terminate your Membership at any time, for any reason, by e-mailing firstname.lastname@example.org. SATURATE may terminate your Membership at any time for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement, including Sections 5 to 17, will remain in effect.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SATURATE immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Use by Members. The SATURATE Services are for the personal use of Members only. The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by SATURATE. SATURATE reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SATURATE Services, including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the SATURATE Website, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. SATURATE reserves the right to take appropriate legal action for any illegal or unauthorized use of the SATURATE Services.
- Proprietary Rights in Content on the SATURATE Website
- SATURATE does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, software scripts and applications, or any other materials (collectively, “Content”) that you post on or through the SATURATE Services. After posting your Content to the SATURATE Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the SATURATE Services, you hereby grant to SATURATE a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in furtherance of SATURATE’s mission and SATURATE’s sole and absolute discretion, including without limitation distributing part or all of the SATURATE Website in any media formats and through any media channels.
- The license that you grant to SATURATE is non-exclusive (meaning that you are free to license your Content to anyone else in addition to SATURATE); fully paid and royalty-free (meaning that SATURATE is not required to pay you for the use on the SATURATE Services of the Content that you post); sublicensable; and worldwide (because the Internet and the SATURATE Services are global in reach).
- By uploading or otherwise posting any Content to the SATURATE Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the SATURATE Services or otherwise have the right to grant the license set forth in this Section 6; (ii) the posting of your Content on or through the SATURATE Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and (iii) you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through the SATURATE Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the SATURATE Services.
- The SATURATE Services contain Content of SATURATE (“SATURATE Content”). SATURATE Content is protected by copyright and other laws, and SATURATE owns and retains all rights in the SATURATE Content and the SATURATE Services. SATURATE hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SATURATE Content (excluding any software code) solely for your personal use in connection with viewing the SATURATE Website and using the SATURATE Services.
- The SATURATE Services contain Content of Users and other SATURATE licensors. Except as provided within this Agreement and subject to SATURATE’s copyright policy you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SATURATE Services.
- SATURATE performs technical functions necessary to offer the SATURATE Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the SATURATE Services.
- Content Posted.
- SATURATE may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of SATURATE violates this Agreement or which may be offensive or illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SATURATE assumes no responsibility for monitoring the SATURATE Services for inappropriate Content or conduct. If at any time SATURATE chooses, in its sole discretion, to monitor the SATURATE Services, SATURATE nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the SATURATE Services, any material or information that you transmit to other Members, and your interactions with other Users.
- Content/Activity Prohibited. SATURATE prohibits the use of the SATURATE Services to post or transmit Content that is illegal or depicts illegal activity. The following are examples of the kind of Content that is illegal or prohibited to post on or through the SATURATE Services. SATURATE reserves the right to investigate and take appropriate action against anyone who, in SATURATE’s sole and absolute discretion, violates this provision, including, without limitation, removing the offending Content from the SATURATE Website, terminating the Membership of such violators, and/or reporting violators to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that in the sole and absolute discretion of SATURATE:
- is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is derogatory toward or disparaging;
- exploits people in a sexual or violent manner;
- contains excessive violence or offensive subject matter or contains a link to an adult Website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes without prior written consent from SATURATE;
- includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person; or
The following are examples of the kind of activity that is illegal or prohibited on the SATURATE Website and through use of the SATURATE Services. SATURATE reserves the right to investigate and take appropriate legal action against anyone who, in SATURATE’s sole and absolute discretion, violates this provision, including, without limitation, reporting such individuals to law enforcement authorities. Prohibited activity includes but is not limited to:
- criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, illegal gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, infringing others’ intellectual property rights (including but not limited to copyright, trademark, and patent infringement), or theft of trade or industrial secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the SATURATE Services. You may not transmit any chain letters or junk e-mail to other Members. In order to protect our Members from such advertising or solicitation, SATURATE reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that SATURATE deems appropriate in its sole discretion.
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the SATURATE Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
- covering or obscuring SATURATE content on your personal profile page or any SATURATE page via HTML/CSS or any other means;
- any automated use of the system, including but not limited to using scripts to post comments or upload Content;
- interfering with, disrupting, or creating an undue burden on the SATURATE Services or the networks or services connected to the SATURATE Services;
- impersonating or attempting to impersonate a SATURATE staff member or representative or another Member, person, or entity;
- using the account, username, or password of another Member at any time, disclosing your password to any third party, or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the SATURATE Services in order to illegally abuse or harm another person or entity, or attempting to do the same;
- displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the SATURATE Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the SATURATE Services in a manner inconsistent with any and all applicable laws and regulations.
- Protecting Copyrights and Other Intellectual Property. SATURATE respects the intellectual property rights of others, and requires that our Users do the same. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. SATURATE has the right to terminate the Membership of infringers.
- Notice of Claimed Infringement. If you believe that your work has been copied and posted on or through the SATURATE Services in a way that constitutes copyright infringement, please send Saturate a notification of claimed infringement with all the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the SATURATE Services (providing the URL(s) of the claimed infringing material will in most cases satisfy this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Notification of claimed infringement can sent to the following e-mail: email@example.com . We may provide your notice (including any contact details displayed in the complaint) to the poster of the work.
- Counter-Notification. If you believe that Content you posted on or through the SATURATE Services and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or their agent or pursuant to the law to post such Content, you may send a counter-notice containing the following information to the email address above: (a) identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled (providing the original URL(s) of the material satisfies this requirement); (b) your full name, address, telephone number, e-mail address, and the username of your SATURATE account; (c) a statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; (d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Federal District Court for the District of Columbia, if your address is outside the U.S.), and a statement that you will accept service of process from the person who provided notification of the alleged infringement or their agent; and (e) your physical or electronic signature.
Saturate may send a copy of it to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who originally posted the material, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SATURATE’s sole and absolute discretion.
- Member Disputes. You are solely responsible for your interactions with other SATURATE Members. SATURATE reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
- Any Content posted by Users on or through the SATURATE Services will be publically viewable on the SATURATE Website as soon as that information is submitted. By posting Content on or through the SATURATE Services, you waive any privacy expectations that you may have with respect to the Content posted.
- Disclaimers. SATURATE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE SATURATE SERVICES, WHETHER CAUSED BY USERS OF THE SATURATE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE SATURATE SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SATURATE. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY MEMBERS ON THE SATURATE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. SATURATE IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY SATURATE. INCLUSION OF ANY LINKED WEBSITE ON THE SATURATE SERVICES DOES NOT NECESSARILY IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY SATURATE. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. SATURATE TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE SATURATE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. SATURATE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SATURATE SERVICES. SATURATE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER OR MEMBER COMMUNICATION. SATURATE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE OR THE FAILURE OF ANY E-MAIL OR PLAYERS BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SATURATE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SATURATE SERVICES. UNDER NO CIRCUMSTANCES SHALL SATURATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SATURATE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SATURATE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SATURATE SERVICES, WHETHER ONLINE OR OFFLINE. THE SATURATE SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND SATURATE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SATURATE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SATURATE SERVICES.
- Limitation on Liability. IN NO EVENT SHALL SATURATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SATURATE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SATURATE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SATURATE FOR THE SATURATE SERVICES DURING THE TERM OF MEMBERSHIP.
- Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Washington State, without regard to its conflict of law provisions. You and SATURATE agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in Seattle, Washington, to resolve any dispute arising out of the Agreement or the SATURATE Services.
- Indemnity. You agree to indemnify and hold SATURATE, its affiliates, and their respective officers, agents, employees, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party because of or arising out of your use of the SATURATE Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the SATURATE Services causes SATURATE to be liable to another.
- Other. This Agreement is accepted upon your use of the SATURATE Website or any of the SATURATE Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and SATURATE regarding the use of the SATURATE Services. The failure of SATURATE to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.