Awesemo.com LLC (d/b/a Stokastic) is pleased to provide to you its website, applications, content, products, tools, features, and services (“Services”). These Terms of Service (“Terms”) govern your use and our provision of the Services. You access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.
- Contract between You and Us
This is a contract between you and Awesemo.com LLC, an Illinois Limited Liability Company located at 240 E. Illinois, Suite 905, Chicago, IL, USA. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
We may amend these Terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Services. If you do not agree to any change to these Terms, you must discontinue using the Services. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.
We may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, Stokastic does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by Stokastic is ultimately a decision vested in Stokastic’s sole discretion.
- The Services
THE SERVICES ARE INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE ON WHICH YOU SHOULD RELY, AND THEY CANNOT BE USED FOR SUCH PURPOSES.
The Services are our copyrighted property or the copyrighted property of our licensors, licensees, sponsors, or partners, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors, licensees, sponsors, or partners. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you.
Disclaimers and Limitation on Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
YOU AGREE THAT Stokastic, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF OUR SERVICES.
The Services contain, among other things, information, materials, and content (collectively, “Content”) that is made available for your convenience and entertainment. Content may be provided by third parties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY CONTENT. YOU AGREE THAT Stokastic, INCLUDING ITS EMPLOYEES, AFFILIATES, OFFICERS, MEMBERS, AGENTS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM CONTENT.
The Services are not to be used for or in conjunction with any illegal activities. The Services are intended for informational and entertainment purposes only. YOU AGREE THAT Stokastic, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. WE DO NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.
Changes to the Services
The Services are constantly evolving and will change over time. If we make a material change to the Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Services
We do not allow unauthorized uses of the Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity’s use or enjoyment of any Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by Stokastic (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Stokastic and you, all right, title and interest in and to Our Content will at all times remain with Stokastic and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks of Stokastic.
Limited Use; Restrictions On Use
You are permitted to use Our Content and/or our Services for lawful non-commercial purposes as provided in these Terms only; any other use or misuse of Our Content is strictly prohibited. Stokastic grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without right to sublicense, under the following conditions: you shall not, without Stokastic’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute Our Content, or modify or re-use all or part of Our Content, (b) use any tradename, trademark, or brand name of Stokastic in metatags, keywords and/or hidden text, (c) create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way, and (d) use our Services, Our Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Stokastic, the Owner, or any third party referenced therein. Stokastic reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in Our Content. Except as expressly provided herein, nothing in our Services shall be construed as conferring any license under Stokastic’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Stokastic may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Commercial Use of Service
If you are using our Content and/or Services on behalf of a company, entity, or organization, (collectively, a “Commercial Entity)”) you represent and warrant that: (a) You are an authorized representative of the Commercial Entity, and that you have the authority to bind the Commercial Entity to these Terms of Service; (b) You have read and understand these Terms of Service; and (c) You agree to these Terms of Service on behalf of the Commercial Entity. Use of our Content and/or Services is with the permission of Stokastic, which may be revoked at any time, for any reason, in Stokastic’s sole discretion.
Limitations on Commercial Use
A Commercial Entity will only use Our Content and/or our Services for the Permitted Use. Any purpose or use not specifically authorized herein is prohibited unless otherwise agreed to in writing by Stokastic. Commercial Entity will not, directly or indirectly: (a) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available our Content and/or Services; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source of our Content and/or Services or methods used to compile the same, in whole or in part; (c) remove any proprietary notices included with Our Content and/or Services; (d) publish, enhance, or display any compilation or directory based upon information derived from Our Services and/or Content; (e) use Our Content and/or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (f) use any of our Confidential Information or intellectual property to build a creative or competitive service; or (h) repackage, redistribute, or sell Our Content and/or Services.
- Your Content and Account
User Generated Content
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your age, your contact information for notices and other communications from us, and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide, including your age and contact information.
We may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
The security, integrity and confidentiality of your personal information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification.
- Paid Transactions
Some Services require paid subscriptions to access. Sales of subscriptions are made by Stokastic. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
From time to time, we may offer a free trial subscription for certain Services. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
In some instances, Stokastic may transfer you to websites that are operated by third parties to complete your transaction, and in that case, different or additional sale terms may apply, which you should read when they are presented to you.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Cancellation
When you subscribe to the Services, you have the right to cancel your contract at any time through your Account Dashboard.
The rates and charges imposed by us for subscriptions are set at our discretion and subject to change. If you pay a periodic subscription fee for any Services, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.
- Third-Party Competitions
In certain situations, Stokastic may sponsor a competition that is hosted or offered by a third-party. We do not control the operation of competitions hosted by third-parties. Because Stokastic has no control over those third-parties, you acknowledge and agree that Stokastic is not responsible for the operations of any third-parties or the availability of any third-parties’ external sites or resources. Furthermore, Stokastic does not endorse and is not responsible or liable for any offerings, content, advertising, products, or other materials on or available from such third-parties. You further acknowledge and agree that Stokastic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the operation of any contests hosted or offered by any third-parties, or the use of or reliance on any content, goods or services available on or through any third-party.
- Additional Provisions
Submissions and Unsolicited Ideas Policies
In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
240 E. Illinois St, Ste. 905
Chicago, IL USA
Email: [email protected]
We will respond expeditiously to claims of copyright infringement committed that are reported to our designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
Binding Arbitration and Class Action Waiver
You and Stokastic agree to arbitrate all disputes between you and Stokastic or its affiliates, except disputes relating to the enforcement of Stokastic’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Stokastic empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Stokastic must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Thomas Kennedy, Stokastic LLC, 240 E Illinois St, Ste. 905, Chicago, IL 60611, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Stokastic will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Stokastic do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and Stokastic agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Stokastic will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Illinois, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last updated: January 31, 2018