LOADEDPRESS.COM BETA TERMS OF PRODUCT

Welcome to the beta version of LoadedWordPress (the “PRODUCT”). The terms set forth below (the “Agreement”) govern your use of the Product. By using or operating the Product, whether or not you register for the Product, you expressly agree to be bound by this Agreement and to follow all its terms and any applicable laws and regulations governing the Product. If you do not agree with any of the following terms, your sole recourse is not to use the Product. If you have any questions about these Terms of Use, contact SourceFuse LLC at support@appstacks.com

  1. Priority. This Agreement, in combination with LoadedWordPress Privacy Policy (available at http://www.loadedpress.com/community/privacy-policy/) set forth the terms and conditions under which SourceFuse LLC makes the Product available to you.
  2. Acceptable Use of the Product.

    3. SourceFuse does not allow any of the following content, or links to such content, to be published on the Product:

    1. Content of a pornographic, sexually explicit, or violent nature.
    2. Content of an illegal nature (including stolen copyrighted material).
    3. Pirated software sites, including cracking programs or cracking program archives.
    4. Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.

    Users posting any of the above content on their sites will be notified using User’s current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, SourceFuse will suspend the Products of the member account until a resolution is met between SourceFuse LLC. and the User. A repeated violation of this Policy may cause cancellation of Product without refund of any fees.
    In addition, SourceFuse LLC does not allow any of the following:

    • Users may not use the service as a remote storage server only.
    • Users may not access the Product through automated methods. Use of robots or other computer code which calls the Product, except where explicitly allowed, is absolutely forbidden.
    • Users must exercise caution when hosting large downloads (>10MB). SourceFuse LLC reserves the right to refuse to host any large downloadable files.

    Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Product.
    In addition, you agree that you will not:

    • Interfere or attempt to interfere with the proper working of the Product, the SourceFuse LLC servers or any activity being conducted on the SourceFuse LLC servers.
    • Collect personally identifying information about other SourceFuse LLC customers or use information obtained from or through the Product for the purpose of direct marketing, spamming, or unsolicited contacting of other SourceFuse LLC customers, or other impermissible activities, including, without limitation, activities that violate anti-spamming laws and regulations.
    • Use any software or intellectual property for which you do not have an appropriate license.
    • Use the Product to promote, facilitate or permit gambling.
    • Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of SourceFuse LLC or its affiliates for any purpose, including, without limitation, phishing or pharming.
    • Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
    • Violate, misappropriate, or infringe the rights of any third party.
    • Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.

    Support Obligations. This Agreement does not commit SourceFuse LLC to any support obligations to you in connection with the Product. Such obligations, if any, will be specified in a separate agreement between you and SourceFuse LLC.

  3. No Warranty. THE PRODUCT IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE PRODUCT AT YOUR OWN RISK. SOURCEFUSE LLC ITS OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PRODUCT OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. Some states do not allow the exclusion of some warranties, so the above exclusions may not apply to you.
  4. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SOURCEFUSE LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT, WHETHER OR NOT SOURCEFUSE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SOURCEFUSE LLC BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
  5. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against SourceFuse LLC and its officers, directors, employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Product. If you are a California resident, you waive your rights under California Civil Code s. 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
  6. Modifications of Terms. SourceFuse LLC shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Product. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date on the first page.
  7. Violations of Terms. In addition to any legal remedies that SourceFuse LLC may have for your violation of the terms of this Agreement, SourceFuse LLC shall also have the right in its sole discretion to suspend or terminate your access to the Product.
  8. Compliance with Laws. You agree while using the Product to comply with all applicable laws and regulations. If you operate a commercial Web site or an online Product directed to children under the age of 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children’s Online Privacy Protection Act (“COPPA”).
  9. Termination. Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party.
  10. Hold Harmless and Indemnity. You agree to hold harmless and indemnify SourceFuse LLC, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Product, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, SourceFuse LLC will provide you with written notice of such claim, suit or action.
  11. No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without SourceFuse LLC’s prior written consent. Any such purported assignment or delegation by you without SourceFuse LLC’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by SourceFuse LLC at its sole and absolute discretion.
  12. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
  13. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. SourceFuse LLC’s failure to act with respect to a breach by you or others does not waive SourceFuse LLC’s right to act with respect to subsequent or similar breaches. The failure of SourceFuse LLC to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its provisions on the conflict of laws. This Agreement constitutes the entire agreement between SourceFuse LLC and you with respect to the subject matter hereof.