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TERMS AND CONDITIONS – SxS Network
www.sxsnetwork.com
Effective date: 1st December 2023
- Introduction
Welcome to SxS Network, a social media website that offers forums, classifieds, online store, and other features for SxS/UTV enthusiasts. SxS Network is owned and operated by SxS Network LLC, a company registered in Colorado, United States.
These terms and conditions (“Terms”) govern your access and use of the SxS Network website, located at [www.sxsnetwork.com], and any services, content, or features provided by or through the website (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Service.
In these Terms, “we”, “us”, “our”, or “SxS Network” refer to SxS Network LLC and its affiliates, and “you”, “your”, or “user” refer to any person who accesses or uses the Service, whether as a guest or a registered user. Some features of the Service may require you to create an account and provide certain information about yourself. You can learn more about how we collect, use, and protect your personal information in our Privacy Policy.
- Eligibility
The Service is intended for users who are at least 13 years of age and have the legal capacity to enter into a binding agreement with us. If you are under 13 years of age, you are not permitted to access or use the Service. If you are between 13 and 18 years of age, you may access and use the Service only with the consent and supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf. If you are accessing or using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You are responsible for complying with all applicable laws and regulations in your jurisdiction when accessing or using the Service. We may restrict or terminate your access to the Service if we believe that you are violating these Terms or any law or regulation, or if we are required to do so by law or court order.
- Account Registration
To access and use some features of the Service, you may need to create an account and provide certain information about yourself, such as your name, email address, password, and other details. You agree to provide accurate, complete, and current information when creating or updating your account, and to keep your account information confidential and secure. You are solely responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account or any breach of security. We are not liable for any loss or damage arising from your failure to protect your account or your account information.
You may not create more than one account, or create an account for anyone other than yourself without their permission. You may not use or attempt to use another user’s account without their authorization. You may not sell, transfer, or assign your account or any rights or obligations under these Terms to any third party without our prior written consent. We reserve the right to suspend or terminate your account at any time and for any reason, without notice or liability to you or any third party.
- User Content
The Service allows you to post, upload, submit, or otherwise make available various types of content, such as text, images, videos, audio, or other materials, on the website, such as in forums, classifieds, reviews, or other features (collectively, “User Content”). You retain ownership and rights to your User Content, but you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with the Service and our business, including for promotional purposes. You also grant us the right to use your name, username, or any other identifier that you provide in connection with your User Content, unless you request otherwise in writing.
You represent and warrant that you have the right and authority to post, upload, submit, or otherwise make available your User Content, and that your User Content does not infringe or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party, or any law or regulation. You also agree that your User Content will not contain any content that is unlawful, harmful, abusive, harassing, defamatory, libelous, invasive of privacy, hateful, discriminatory, or otherwise objectionable, or that contains any viruses, malware, or other harmful or malicious code or content.
We do not endorse, verify, or guarantee the accuracy, quality, or reliability of any User Content, and you acknowledge and agree that you are solely responsible for your User Content and the consequences of posting, uploading, submitting, or otherwise making available your User Content. We reserve the right to review, edit, remove, or disable access to any User Content at any time and for any reason, without notice or liability to you or any third party.
- Prohibited Conduct
You agree not to engage in any of the following prohibited conduct when accessing or using the Service:
- Impersonating any person or entity, or misrepresenting your identity or affiliation with any person or entity;
- Posting, uploading, submitting, or otherwise making available any User Content that is unlawful, harmful, abusive, harassing, defamatory, libelous, invasive of privacy, hateful, discriminatory, or otherwise objectionable;
- Posting, uploading, submitting, or otherwise making available any User Content that contains any viruses, malware, or other harmful or malicious code or content;
- Posting, uploading, submitting, or otherwise making available any User Content that infringes or violates any intellectual property rights, privacy rights, publicity rights, or other rights of any third party, or any law or regulation;
- Posting, uploading, submitting, or otherwise making available any User Content that solicits or promotes any illegal or unauthorized activity, or any commercial or political activity;
- Posting, uploading, submitting, or otherwise making available any User Content that contains any personal or confidential information of any third party, such as name, address, phone number, email, credit card number, etc.;
- Interfering with or disrupting the operation or security of the Service, or any network, server, or system connected to or used by the Service;
- Attempting to gain unauthorized access to or use of any account, data, or content of any other user or third party;
- Using any automated means, such as bots, scripts, or spiders, to access, scrape, crawl, or index the Service or any content on the Service;
- Using the Service for any purpose other than its intended purpose, or in any manner that violates these Terms or any law or regulation.
We may monitor, investigate, and report any suspected or actual violation of these Terms or any law or regulation to the appropriate authorities, and may cooperate with them in any legal action or proceeding. We also reserve the right to take any action that we deem necessary or appropriate to protect the Service, our rights, our property, or the rights or property of any third party, including but not limited to suspending or terminating your access to the Service, removing or disabling access to any User Content, disclosing your identity or information to any third party, or seeking injunctive or other equitable relief.
- Third Party Content and Services
The SxS Network website and its features may contain or provide access to content, products, services, or features provided by or through third parties, such as vendors, advertisers, sponsors, or other users (collectively, “Third Party Content and Services”). Third Party Content and Services are not owned, controlled, or endorsed by us, and we are not responsible or liable for any Third Party Content and Services, or for any loss or damage that may arise from your access or use of any Third Party Content and Services. You access and use Third Party Content and Services at your own risk and discretion, and you should review the terms and conditions and privacy policies of any third party before accessing or using their content, products, services, or features. Some Third Party Content and Services may be subject to additional fees, charges, or terms and conditions, which you are solely responsible for paying or complying with. You agree that we are not a party to any transaction or agreement between you and any third party, and that we have no obligation or liability to you or any third party in relation to any Third Party Content and Services. You also agree that we are not responsible or liable for any dispute, claim, or issue that may arise between you and any third party, and that you will resolve any such dispute, claim, or issue directly with the third party, without involving us.
- Dropshipping
The SxS Network website and its features may allow you to purchase products from third party vendors who use dropshipping services, such as Printful and SuperATV. Dropshipping is a method of order fulfillment where the vendor does not keep the products in stock, but instead transfers the order and shipment details to a third party supplier, who then ships the products directly to you. You acknowledge and agree that when you purchase products from third party vendors who use dropshipping services, you are entering into a contract with the vendor, not with us, and that we are not a party to or responsible for such contract. You also acknowledge and agree that the vendor is solely responsible for the quality, safety, legality, availability, and delivery of the products, and that we have no control over or liability for such matters. You agree to contact the vendor directly for any questions, complaints, or issues regarding the products, and to follow the vendor’s terms and conditions, return policy, and privacy policy. You agree not to hold us liable for any loss or damage that may arise from your purchase or use of the products, or from any actions or omissions of the vendor or the third party supplier. You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your purchase or use of the products, or your violation of any terms and conditions, return policy, or privacy policy of the vendor or the third party supplier.
- Classifieds
The SxS Network website and its features may allow you to post, browse, or respond to classified advertisements for various products or services related to SxS/UTV. You acknowledge and agree that when you post, browse, or respond to classified advertisements, you are entering into a contract with the advertiser, not with us, and that we are not a party to or responsible for such contract. You also acknowledge and agree that the advertiser is solely responsible for the quality, safety, legality, availability, and delivery of the products or services, and that we have no control over or liability for such matters. You agree to contact the advertiser directly for any questions, complaints, or issues regarding the products or services, and to follow the advertiser’s terms and conditions, return policy, and privacy policy. You agree not to hold us liable for any loss or damage that may arise from your purchase or use of the products or services, or from any actions or omissions of the advertiser. You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your purchase or use of the products or services, or your violation of any terms and conditions, return policy, or privacy policy of the advertiser.
- Intellectual Property Rights
The Service and all content, features, and functionality on the Service, including but not limited to text, graphics, logos, icons, images, videos, audio, software, code, data, and other materials (collectively, the “SxS Network Content”), are owned by or licensed to us, and are protected by United States and international intellectual property laws and treaties. We and our licensors reserve all rights, title, and interest in and to the Service and the SxS Network Content, and nothing in these Terms grants or transfers to you any ownership or rights in or to the Service or the SxS Network Content, except as expressly stated otherwise.
You may access and use the Service and the SxS Network Content for your personal, non-commercial use only, and subject to these Terms and any applicable
- Feedback and Suggestions
We welcome and appreciate your feedback, suggestions, comments, or ideas on how to improve the Service or the SxS Network Content (collectively, “Feedback”). You can submit your Feedback by contacting us through the website or by email. You agree that any Feedback you provide to us is voluntary, non-confidential, and does not create any fiduciary or contractual relationship between you and us. You also agree that we are free to use, disclose, reproduce, modify, distribute, or otherwise exploit any Feedback for any purpose, without any acknowledgment, compensation, or liability to you or any third party.
- Disclaimer of Warranties
THE SERVICE AND THE SXS NETWORK CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, RELIABILITY, OR PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE OR THE SXS NETWORK CONTENT WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR NEEDS, OR THAT THE SERVICE OR THE SXS NETWORK CONTENT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS IN THE SERVICE OR THE SXS NETWORK CONTENT WILL BE CORRECTED, OR THAT THE SERVICE OR THE SXS NETWORK CONTENT WILL BE UPDATED, MAINTAINED, OR SUPPORTED. WE DO NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR AVAILABILITY OF ANY THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE. WE DO NOT WARRANT THAT ANY TRANSACTION OR AGREEMENT BETWEEN YOU AND ANY THIRD PARTY WILL BE COMPLETED, SATISFACTORY, OR ENFORCEABLE. WE DO NOT WARRANT THAT ANY USER CONTENT IS TRUE, ACCURATE, COMPLETE, OR RELIABLE. WE DO NOT ENDORSE, VERIFY, OR GUARANTEE ANY USER CONTENT, THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE SERVICE AND THE SXS NETWORK CONTENT, AND YOUR RELIANCE ON ANY USER CONTENT, THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE, ARE SOLELY AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR ACCESS OR USE OF THE SERVICE AND THE SXS NETWORK CONTENT, OR YOUR RELIANCE ON ANY USER CONTENT, THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “SXS NETWORK PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR THE SXS NETWORK CONTENT, OR YOUR RELIANCE ON ANY USER CONTENT, THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY SXS NETWORK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF US AND THE SXS NETWORK PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR THE SXS NETWORK CONTENT, OR YOUR RELIANCE ON ANY USER CONTENT, THIRD PARTY CONTENT AND SERVICES, OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY OR THROUGH THE SERVICE, EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY EVEN IF THE REMEDIES AVAILABLE TO YOU UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification
You agree to indemnify, defend, and hold harmless us and the SxS Network Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with (a) your access or use of, or inability to access or use, the Service or the SxS Network Content, or your reliance on any User Content, Third Party Content and Services, or any products, services, or features offered by or through the Service; (b) your violation of these Terms or any law or regulation, or your infringement or violation of any rights of any third party; © your User Content or any Feedback you provide to us; or (d) any dispute, claim, or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Termination
We may terminate or suspend your access to or use of the Service, or any part thereof, at any time and for any reason, without notice or liability to you or any third party. You may also terminate your account and stop using the Service at any time and for any reason, by contacting us through the website or by email. Upon termination of your account or access to the Service, you will lose all access to your account and any User Content, and we may delete or disable access to any User Content at our sole discretion. We will not be responsible or liable for any loss or damage that may result from the termination of your account or access to the Service, or the deletion or disabling of access to any User Content. Any provision of these Terms that by its nature or express terms should survive, will survive such termination or suspension.
- Modifications
We may modify, update, or discontinue the Service or the SxS Network Content, or any part thereof, at any time and for any reason, without notice or liability to you or any third party. We may also modify, update, or amend these Terms at any time and for any reason, by posting the revised Terms on the website or by notifying you by email or other means. You are responsible for reviewing the Terms periodically for any changes. Your continued access or use of the Service or the SxS Network Content after the posting or notification of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop accessing or using the Service or the SxS Network Content.
- Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, to resolve any legal matter arising from these Terms or your access or use of the Service or the SxS Network Content. You and we waive any objection to the venue or jurisdiction of such courts.
- Arbitration and Class Action Waiver
You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or your access or use of the Service or the SxS Network Content (collectively, “Disputes”) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. You and we agree that arbitration is the exclusive and final remedy for resolving any Disputes, and that neither you nor we will initiate or participate in any lawsuit, court action, or class action in relation to any Disputes. You and we agree that the arbitrator shall have the authority to award any relief that would be available in a court, except that the arbitrator shall not have the authority to award any relief that is contrary to these Terms. You and we agree that the arbitrator’s decision shall be final and binding, and that judgment on the award may be entered in any court having jurisdiction. You and we agree that the arbitration shall be conducted in Denver County, Colorado, unless you and we agree otherwise in writing. You and we agree that the arbitration shall be confidential, and that neither you nor we will disclose any information or evidence related to the arbitration, except as required by law or as necessary to enforce the arbitrator’s award. You and we agree that any claim or cause of action arising out of or related to these Terms or your access or use of the Service or the SxS Network Content must be filed within one year after such claim or cause of action arose, or else such claim or cause of action will be permanently barred.
You and we agree that any arbitration shall be conducted on an individual basis, and not on a class, collective, consolidated, or representative basis. You and we agree that the arbitrator shall have no authority to join or consolidate claims or parties, or to adjudicate any claim or issue on behalf of or against any class, collective, consolidated, or representative group. You and we agree that any claim or issue that is subject to arbitration under these Terms must be arbitrated on an individual basis, and not on a class, collective, consolidated, or representative basis. You and we agree that this arbitration and class action waiver is an essential part of these Terms, and that if this arbitration and class action waiver is found to be unenforceable, then the entire arbitration provision in this Section 15 shall be null and void, and neither you nor we will be entitled to arbitrate any Dispute.
- Notices
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. You agree that such notices shall be effective and sufficient upon the earlier of (a) the date of transmission or posting, or (b) the date of receipt or acknowledgment by you. You agree to keep your contact information current and accurate, and to promptly notify us of any changes. You may provide us with notices by contacting us through the website or by email.
- Assignment
You may not assign or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise, without your consent, to any affiliate or successor, or in connection with a merger, acquisition, reorganization, or sale of assets.
- Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Service and the SxS Network Content, and supersede and replace any prior or contemporaneous agreements, understandings, or representations, whether written or oral, regarding the Service and the SxS Network Content.
- Contact Us
If you have any questions, comments, or concerns about these Terms or the Service, please contact us through the website or by email at mail@sxsnetwork.com. We will respond to your inquiries as soon as possible.