Terms and Conditions
1. Your Relationship with SIRTAF.net
1.1 SIRTAF Inc. (referred to as “SIRTAF” below) is a corporation organized and existed under the laws of the State of Tennessee with principal place of business at (address), United States. Your use of any products, software, services and web sites, including but not limited to products, apps, software, services and web sites from http://www.sirtaf.net,or https://he, and http://rce (referred to collectively and together with all sub-domains and domains operated by SIRTAF thereof and without limitation as the “Service” or “Services”) is subject to the terms of a legal agreement between you and SIRTAF. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing your agreement with SIRTAF will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Service”, “Universal Terms”, “Conditions,” or “Terms”.
1.3 Your agreement with SIRTAF will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Terms of Service form a legally binding agreement between you and SIRTAF in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You agree and accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by SIRTAF in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that SIRTAF will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with SIRTAF, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 If you use SIRTAF on behalf of a business, you agree that you are thereby binding that business to the Terms.
2.5 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Language of the Terms
3.1 If SIRTAF has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with SIRTAF.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by SIRTAF
4.1 SIRTAF has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of SIRTAF itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 SIRTAF is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SIRTAF provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that SIRTAF may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SIRTAF’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SIRTAF when you stop using the Services.
4.4 You acknowledge and agree that if SIRTAF disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while SIRTAF may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by SIRTAF at any time, at SIRTAF’ discretion.
5. Use of the Services by You
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SIRTAF will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SIRTAF, unless you have been specifically allowed to do so in a separate agreement with SIRTAF.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with SIRTAF, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 Unless licensed by SIRTAF in a separate agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the Services, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.
5.7 You agree not to copy/collect content in the Services via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
5.8 Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts.
5.9 You agree not to post content that is prohibited by any of SIRTAF policies or rules.
5.10 You agree not to abuse SIRTAF flagging or reporting processes.
5.11 You agree not to collect user information from the Services or interfere with the Services.
5.12 You agree SIRTAF may moderate the access/use of the Services in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) SIRTAF is not liable for moderating or not moderating, and (3) nothing SIRTAF say or do waives our right to moderate, or not.
5.13 You agree that SIRTAF has no responsibility to you or to any third party and your use of the Services is at your own risk.
5.14 You agree that you are solely responsible for (and that SIRTAF has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SIRTAF may suffer) of any such breach.
6. Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to SIRTAF for all activities that occur under your account.
7. Privacy and Your Personal Information
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SIRTAF (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SIRTAF or by the owners of that Content, in a separate agreement.
8.3 SIRTAF reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that SIRTAF has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which SIRTAF may suffer) by doing so.
9. Proprietary Rights
9.1 You acknowledge and agree that SIRTAF (or SIRTAF’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by SIRTAF and that you shall not disclose such information without SIRTAF’s prior written consent.
9.2 Unless you have agreed otherwise in writing with SIRTAF, nothing in the Terms gives you a right to use any of SIRTAF’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 Other than the limited license set forth in Section 11, SIRTAF acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with SIRTAF, you agree that you are responsible for protecting and enforcing those rights and that SIRTAF has no obligation to do so on your behalf.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by SIRTAF, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from SIRTAF
10.1 SIRTAF gives you a personal, worldwide, royalty-free, limited, revocable, non-assignable and non-exclusive license to use the software as part of the Services (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SIRTAF, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, display, distribute, license, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by SIRTAF, in writing.
10.3 Unless SIRTAF has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content License from You
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give SIRTAF a perpetual, irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling SIRTAF to display, distribute and promote the Services.
11.2 You agree that this license includes a right for SIRTAF to make such Content available to other companies, organizations or individuals with whom SIRTAF has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that SIRTAF, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SIRTAF to take these actions.
11.4 You confirm and warrant to SIRTAF that you have all the rights, power and authority necessary to grant the above license.
12. Software Updates
12.1 The Software which you use may automatically download and install updates from time to time from SIRTAF. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SIRTAF to deliver these to you) as part of your use of the Services.
13. Ending Your Relationship with SIRTAF
13.1 The Terms will continue to apply until terminated by either you or SIRTAF as set out below.
13.2 If you want to terminate your legal agreement with SIRTAF, you may do so by (a) notifying SIRTAF at any time and (b) closing your accounts for all of the Services which you use, where SIRTAF has made this option available to you. Your notice should be sent, in writing, to SIRTAF’ address which is set out at the beginning of these Terms.
13.3 SIRTAF may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) SIRTAF is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom SIRTAF offered the Services to you has terminated its relationship with SIRTAF or ceased to offer the Services to you; or
(D) SIRTAF is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by SIRTAF is, in SIRTAF’ opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect SIRTAF’ rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SIRTAF have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions under Sections 4, 5, 8, 9, 10, 11, 14, 15, 16, 20, and 22 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. DISCLAIMER OF WARRANTIES
14.1 TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SIRTAF OFFERS THE WEBSITES AND SERVICES AS-IS AND AS-AVAILABLE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SIRTAF DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SIRTAF’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIRTAF DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. SIRTAF MAKES NO PROMISES, WARRANTIES, OR REPRESENTATION AS TO THE SERVICES, INCLUDING ITS COMPLETENESS, ACCURACY, AVAILABLITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY. ANY RISK OF USING THE SERVICES IS ASSUMED BY YOU.
15. LIMITATION OF LIABILITY
15.1 EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL SIRTAF, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE SIRTAF PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SIRTAF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SIRTAF PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
YOU AGREE THAT SIRTAF IS NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH SIRTAF SERVICES. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
SIRTAF IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
SIRTAF IS NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF ANY THIRD PARTY PAYMENT PROCESSORS.
SIRTAF IS NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SERVICES WHICH PREVENT ACCESS TO OUR SERVICES TEMPORARILY OR PERMANENTLY.
16.1 You shall indemnify and defend SIRTAF and SIRTAF Parties against any claims (i) resulting from the use of the Services; (ii) that any Content infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, intellectual property, trade secrets or licenses; or (iii) arising from or relating to your failure to comply with this Agreement.
16.2 You shall indemnify and hold harmless SIRTAF and the SIRTAF Parties against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the Services, including but not limited to, out of your violation of any representation or warranty contained in this Agreement. In the event of a claim such as one described in this paragraph, SIRTAF may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though SIRTAF had proceeded with a trial.
17. Copyright and Trade Mark Policies
17.1 It is SIRTAF’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of SIRTAF’ policy can be found at the Digital Millennium Copyright Act (DMCA).
18.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by SIRTAF on the Services are subject to change without specific notice to you.
18.3 In consideration for SIRTAF granting you access to and use of the Services, you agree that SIRTAF may place such advertising on the Services.
Should there be fees associated with the use of the Services, you authorize SIRTAF to charge your account for the fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for Content we remove. We may refuse transactions, postings or Content, which may place a hold on your account.
20. Other Content and Sites
20.1 The Services may include hyperlinks to other web sites or content or resources. SIRTAF may have no control over any web sites or resources which are provided by companies or persons other than SIRTAF.
20.2 You acknowledge and agree that SIRTAF is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
20.3 SIRTAF takes no responsibility for third-party content (including, without limitation, copyright infringements, any viruses or other disabling features), nor does SIRTAF have any obligation to monitor such third-party content. SIRTAF reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the Terms of Service. SIRTAF also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SIRTAF, its users and the public. SIRTAF will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Service.
20.4 You acknowledge and agree that SIRTAF is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20.5 When you post or otherwise create or provide User-Generated Content through the SIRTAF Services or on a third party site through the use of SIRTAF Applications or Services, your User-Generated Content may be governed by that site’s user agreement. By accepting these Terms of Service, you acknowledge that there are times when these Terms of Service may not apply to your User-Generated Content, the Services and all areas of the Site and hereby expressly relieve us from any and all liability arising in connection with your use of any third party website.
21. Changes to the Terms
21.1 SIRTAF may make changes to the Terms from time to time. When these changes are made, SIRTAF will update this Terms page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Services.
21.2 You understand and agree that if you use the Services after the date on which the Terms have changed, SIRTAF will treat your use as acceptance of the updated Terms.
21.3 You are responsible for periodically checking for changes to the Terms.
22. General Legal Terms
22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
22.2 The Terms constitute the whole legal agreement between you and SIRTAF and govern your use of the Services (but excluding any services which SIRTAF may provide to you under a separate written agreement), and completely replace any prior agreements between you and SIRTAF in relation to the Services.
22.3 You agree that SIRTAF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
22.4 You agree that if SIRTAF does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SIRTAF has the benefit of under any applicable law), this will not be taken to be a formal waiver of SIRTAF’s rights and that those rights or remedies will still be available to SIRTAF.
22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
22.6 You acknowledge and agree that each member of the group of companies of which SIRTAF is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
22.7 The Terms, and your relationship with SIRTAF under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and SIRTAF agree to submit to the exclusive jurisdiction of the courts located within the county of Davidson, Tennessee to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SIRTAF shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22.8 Forum of Dispute, any dispute arising from or relating to these Terms or our provision of services to you must be resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, SIRTAF may make a motion to dismiss your claim, which you must consent to, disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.