Dear user, this document represents an agreement ('user agreement' or 'agreement') between TheStoreClosing.com ('we', 'our,' 'us') and you. The agreement sets the terms of your use of the TheStoreClosing.com website and services ('TheStoreClosing.com') that include discussion boards, messaging, TheStoreClosing.com mobile, and TheStoreClosing.com social media sites. This agreement is meant to encourage a fair and tolerant place for discussion, news, ideas, people, links and entertainment.
General TheStoreClosing.com User Agreement Clauses
User access to TheStoreClosing.com
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (a) block or suspend your access to TheStoreClosing.com, (b) terminate, block or suspend Your Account and/or (c) remove any of your User Content from TheStoreClosing.com. We reserve the right to administer and monitor TheStoreClosing.com, and your use of TheStoreClosing.com means you agree to such administration and monitoring. At the same time, we do not guarantee we will monitor at all.
TheStoreClosing.com is for your personal, lawful use
TheStoreClosing.com is designed and supported for personal use only. You may not use TheStoreClosing.com to break any law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
TheStoreClosing.com is for socializing, ideas and entertainment
TheStoreClosing.com is intended to be a place for socializing, user provided news, information and idea exchange, and entertainment. We are not responsible for any decisions you make based on something you read on TheStoreClosing.com
TheStoreClosing.com is not a marketplace
TheStoreClosing.com is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone. You may not use TheStoreClosing.com to conduct transactions for any illegal goods or services and you may not use TheStoreClosing.com to advertise any products or services.
TheStoreClosing.com does not provide user account creation capability.
Content on TheStoreClosing.com
TheStoreClosing.com contains graphics, text, audio, software, code, website compilation, photographs, images, video, website 'look and feel,' and advertisements supplied by us or our licensors, which we call 'TheStoreClosing.com content.' TheStoreClosing.com content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. We grant you the right to access our content in the manner described in this agreement. You may not otherwise make unauthorized use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display TheStoreClosing.com content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You retain the rights to your copyrighted content or information that you submit to TheStoreClosing.com ('user content') except in cases we outline below. By submitting user content to TheStoreClosing.com, you grant TheStoreClosing.com a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trade secret, trademark or any other personal or proprietary right of any other party.
TheStoreClosing.com does not endorse user content
We take no responsibility for, we do not implicitly or expressly endorse, and we do not assume any liability for any user content submitted by you to TheStoreClosing.com.
TheStoreClosing.com and links
Your participation on TheStoreClosing.com
You also agree to follow the TheStoreClosing.com Site Rules. These guidelines are intended to keep people safe, protect kids, keep TheStoreClosing.com running, and to encourage personal responsibility for what you do on TheStoreClosing.com.
Spam is not welcome
You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam (e.g., self-promotion). Cluttering TheStoreClosing.com with this sort of content reduces the quality of the TheStoreClosing.com experience for others. We reserve the right to define spam on a case by case basis – the comments will be moderated in accordance with this.
You implicitly and explicitly agree not to interrupt the serving of TheStoreClosing.com, introduce malicious code onto TheStoreClosing.com, make it difficult for anyone else to use TheStoreClosing.com due to your actions, attempt to manipulate votes or TheStoreClosing.com’s systems, or assist anyone in misusing TheStoreClosing.com in any way.
Children and TheStoreClosing.com
TheStoreClosing.com is not directed at people under the age of 13, and TheStoreClosing.com does not knowingly collect any personal information from such people.
TheStoreClosing.com will respond to legitimate requests under the Digital Millennium Copyright Act ('DMCA'). We retain the right to remove user content on TheStoreClosing.com that we deem to be infringing the copyright of others. If you become aware of user content on TheStoreClosing.com that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to TheStoreClosing.com. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent using our support contact page.
Please send the following information:
- The physical or electronic signature of the owner of the copyright (or the person authorized to act on the owner's behalf);
- Identification of the copyrighted work claimed to have been infringed on TheStoreClosing.com, or a representative list of such works;
- The URL of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably adequate to permit us to locate the material;
- Your name, address, email address and telephone number;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is fully accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
ADDITIONAL LEGAL CONSIDERATIONS
Please read the following information carefully. Each of the sections below applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
All the things you do and all the information you submit or post to TheStoreClosing.com remain your responsibility. You will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold TheStoreClosing.com, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of TheStoreClosing.com, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of warranties
TheStoreClosing.com is provided and served 'as is' and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your device, loss of use, or loss of your user content. We do not guarantee that TheStoreClosing.com will always work properly.
Limitation of liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use TheStoreClosing.com, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state. You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of TheStoreClosing.com.
We want you to enjoy TheStoreClosing.com, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns via our support contact page.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Orange County, California.
Severability and enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this user agreement
This user agreement is the entire agreement between you and us concerning TheStoreClosing.com. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the TheStoreClosing.com website. By continuing to use TheStoreClosing.com after a change to this agreement, you agree to those changes.';