Terms and Conditions
A Special Notice about Children
Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of, your parents or guardians.
In general, you may visit many pages of the Website without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit the Website and analyze this data for trends and statistics, but individual users will remain anonymous unless they voluntarily tell us who they are.
Sometimes (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or participate in contests, sweepstakes, or promotions) we will ask you to provide personal information about yourself, such as your name, shipping/billing addresses, telephone number, e-mail address, credit card information, birth date, gender, occupation, or personal interests. We also maintain a record of your online purchases. Whether or not you choose to provide the information we request is entirely up to you. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers, and content on the Website.
Collection and Use of Personal Information
If you choose to provide information to us through our online registration, you may be asked to provide us with personal information, including your name, address, postal address and telephone number, your e-mail address, a password, and other identifying information (such as your mother’s maiden name, city of birth, or pet name). If you choose to purchase a product from us, we will collect additional personal information, including your billing address, shipping address, and credit card number and expiration date in order to process your purchase properly. We also may ask you for personal information when you ask us for information, subscribe to a Steam Crow service or publication, or download information.
Your personal information enables us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your particular interests. We also use your personal information to help identify you if you lose your password and to help you quickly find information on the Website. In furtherance of these objectives, Steam Crow collects the following personal information:
Registration Information: At the time you register to become a Registered User of the Website, you will be asked to complete a registration form which requires you to provide information such as your name, address, phone/fax number, email address and other personal information as well as information about your business (“Registration Information”).
Publishing Information: If you submit any information to MonsterScouts.com to be published on the Website through the publishing tools, including but not limited to Personal Profile(s) and any discussion forum, then you are deemed to have given consent to the publication of such information so long as they do not pertain to personal information (“Publishing Information”).
Buyer Information: We record and retain records of buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns, buyer behavioral patterns, buyer contact details, buyer profiles and so forth (“Buyer Information”).
Payment Information: If you establish a credit account with us or our providers or if you purchase a product or service from MonsterScouts.com or other Registered Users of the Website or other vendors available through the Website, we may collect additional information, including billing information, credit card numbers and expiration dates and tracking information from checks or money orders (“Payment Information”).
Account Activities Information: We record and retain the records of your Account activities when you use the MonsterScouts.com services. If you make sale and purchase transactions online through MonsterScouts.com’s web-based transaction platform, we also collect information related to such transactions including the types and specifications of the goods, pricing and delivery information, any trade dispute records (“Account Activities Information”).
Statistical Information: In addition, we gather statistical information about our Website and Users, such as IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions, unique visitors and so forth (“Statistical Information”)
Marketing Information: From time to time, we gather information about our Users and prospective users during trade shows, marketing events and other functions for follow up marketing purposes (“Marketing Information”).
Personal Information: From time to time, our corporate Users may disclose personal data deliberately or inadvertently including without limitation to personal identifiers such as name, email addresses, telephone number, facsimile number and IP address of individuals in the course of using the Site (“Personal Information”).
If you believe that any of your personal information is incorrect, or has been changed since your registration at the Website, please send an e-mail message to email@example.com explaining the correction or change and provide any relevant confirmation or reference number.
Some consumers may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer.
Do We Share Your Information?
We will share your personal information with our partners and with third-party independent contractors for purposes of: (1) performing functions on behalf of Steam Crow, such as processing credit card transactions; (2) providing you with product offers via e-mail or postal mail; and (3) tracking information generated through the Website. Our partners and third-party independent contractors are obligated contractually not to use or share your personal information for unauthorized purposes. In furtherance of these objectives, Steam Crow may use your personal information in the following ways.
General: We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site’s content, layout and service specifically for you. We may use your Collected Information to service your Account with us, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We may use your Collected Information to facilitate proper operation of our Site and business activities of its Users including without limitation to facilitation of effective communication between buyers and suppliers and marketing activities of Users. We do not otherwise sell, rent, trade or exchange any personally-identifying information of our Users. We may provide your Collected Information to our affiliates and service providers under contract (such as customer care) to support the operation of the Site and our services. We may share certain aggregate information based on analysis of Collected Information with our partners, customers, members, advertisers or potential Users. We may use your Collected Information to execute marketing campaigns, promotions or advertising messages on behalf of third parties; however, in these circumstances, your Collected Information will not be disclosed to such third parties unless you respond to the marketing, promotion or advertising message.
Registration Information: We may use your Registration Information to provide services that you request or to contact you regarding additional services about which MonsterScouts.com determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Site. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring and marketing decisions.
Publishing Information: All of your Publishing Information will be publicly available on the Site and therefore accessible by any internet user. Any Publishing Information that you disclose to MonsterScouts.com becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.
Payment Information: MonsterScouts.com will share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, MonsterScouts.com may use Payment Information to determine your credit-worthiness and, in the process of such determination, MonsterScouts.com may make such Payment Information available to banks or credit agencies. While MonsterScouts.com has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or misuse. MonsterScouts.comshall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of Payment Information, including credit card information.
Account Activities Information: We use Account Activities Information to provide the services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Site and services. We may also use Account Activities Information to determine your credit-worthiness.
Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Website, and to enhance our Website and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, we do not provide personally-identifying information without your permission.
Buyer Information: We use Buyer Information to provide value-added services to our members including without limitation to providing buying pattern and buying behavioral data to our members to facilitate marketing initiatives and decision making.
Personal Information: Should Personal Information be disclosed for business purposes in the course of using our Website and services, such Personal Information may be used to provide value-added services to our members to facilitate including without limitation marketing initiatives and contacts. Uses of any Personal Information by any of our members are subject to privacy laws in the respective jurisdictions of our members. Each of our members is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Website and Services are in compliance with the same. Each of our members is expressly prohibited from using any Personal Information for illegal activities including without limitation to spamming.
Steam Crow also may disclose your personal information to comply with a court order, subpoena, search warrant, or other legal process; to comply with legal, regulatory, or administrative requirements of any governmental authorities; to protect and defend Steam Crow, its subsidiaries and affiliates, and their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; to enforce the Terms and Conditions of Use of the Website; to prevent imminent physical harm; and in the event that we find that your actions on the Website violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for specific products or services.
You may “Opt out” by providing us written notice identifying which communications you choose not to receive by writing us at: Steam Crow, LLC,7233 W. Cottontail Ln, Peoria, AZ 85383. You may alternatively let us know by contacting us through the Website.
If you choose not to give us your personal information at all, you can still access the Website; however, you will not be able to access areas that require registration or personal information.
Steam Crow contracts with a third party to maintain and host the Website. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.
Steam Crow does not provide the technologies used to build the Website, and therefore, neither recommends nor endorses the same. Any information regarding identified technologies, including their capabilities limitations, and applications, should be sought directly from their manufacturers. Steam Crow hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties.
Links to Other Materials
The Website contains links to other websites. These links are an accommodation to the respective third-party website owners and for your convenience. Websites linked to and from the Website are not necessarily under the control of Steam Crow, and Steam Crow shall have no responsibility or liability whatsoever for the content or privacy practices of any linked websites, or any link or linking program at any time. You should read and understand Steam Crow’s policies with respect to such third-party links, as stated in the Terms and Conditions of Use of the Website.
The Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. All credit card information utilizes state-of-the-art [Secure Socket Layer (SSL)] encryption technology [and is Secure Electronic Transaction (SET) compliant].
Effective Date and Changes
Website Terms and Conditions of Use
Welcome to www.MonsterScouts.com (the “Website” or “Site”). Steam Crow, LLC provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This document is a legally binding agreement between you as the user(s) of the Website (sometimes referred to as “you”, “your”, “member” or “User” hereinafter) and Steam Crow, LLC (Steam Crow, LLC may hereinafter be referred to as “Steam Crow,” “Steam Crow LLC,” “Monster Scouts,” “MonsterScouts.com,” “us,” “we,” and “our”). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website.
If you visit the Website, you accept these terms and conditions of use.
The Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Steam Crow intends to make such products or services available in such countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. MonsterScouts.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing. You acknowledge and agree that MonsterScouts.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Website. By continuing to use the Services or the Website, you agree that the amended Terms will apply to you.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. As a condition of your access to and use of the Website or Services, you agree that you will comply with all applicable laws and regulations when using the Website or Services. You agree to use the Website or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Website (the “Website Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with MonsterScouts.com, or otherwise commercially exploiting the Website Content. Systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MonsterScouts.com is prohibited. Use of any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of MonsterScouts.com and/or any other User nor to gain unauthorized access to such computer systems or networks. You agree not to undertake any action which may undermine the integrity of MonsterScouts.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
Users must be registered on the Website to access or use some Services (a registered User is also referred to as a “Member” below). Except with MonsterScouts.com’s approval, one User may only register one member account on the Website. MonsterScouts.com may cancel or terminate a User’s member account if MonsterScouts.com has reasons to suspect that the User has registered or controlled two or more member accounts. Further, MonsterScouts.com may reject User’s application for registration for any reason, in its sole and absolute discretion. Upon registration on the Website, MonsterScouts.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. The Member agrees to notify MonsterScouts.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account. Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member. The Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to MonsterScouts.com or other Users of the Website. The Member shall indemnify MonsterScouts.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits and reasonable attorney’s fees and costs) suffered as a result of the multiple use of your account. The Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, MonsterScouts.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Website and Services for business purposes only; (c) if any individual, you are over the age of eighteen (18), and (d) the address you provide when registering is the principal place of business of your business entity. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Website or your use of any Service or the member account. Each Member represents, warrants, and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Website or Service is true, accurate, current, and complete, and (b) you will maintain and promptly amend and supplement all information and material to keep it true, accurate, current and complete.
Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights. Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall: (a) be true, accurate, complete and lawful; (b) not be false, misleading or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements; (f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; and/or (g) not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms.
Each Member further represents, warrants and agrees that you shall: (a) carry on your activities on the Website in compliance with any applicable laws and regulations; (b) conduct your business transactions with other users of the Website in good faith; (c) carry on your activities in accordance with the Terms and any applicable Additional Agreements; (d) not use the Services or Website to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); (e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; (f) not engage in spamming or phishing; (g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities; (h) not involve attempts to copy, reproduce, exploit or expropriate MonsterScouts.com’s various proprietary directories, databases and listings; (i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (j) not involve any scheme to undermine the integrity of the data, systems or networks used by MonsterScouts.com and/or any user of the Website or gain unauthorized access to such data, systems or networks; and/or (k) not engage in any activities that would otherwise create any liability for MonsterScouts.com or our affiliates.
Member acknowledges and agrees that MonsterScouts.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Website. MonsterScouts.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Each Member agrees to indemnify MonsterScouts.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Website or Services, or from your breach of the Terms. Each Member further agrees that MonsterScouts.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Website, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. MonsterScouts.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with MonsterScouts.com in asserting any available defenses.
Transactions Between Buyers and Sellers
Through the Website, MonsterScouts.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. MonsterScouts.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Website subject to the terms of the MonsterScouts.com Transaction Services Agreement. However, for any Services, MonsterScouts.com does not represent either the seller or the buyer in specific transactions. MonsterScouts.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Because user verification on the Internet is difficult, MonsterScouts.com cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Website or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that MonsterScouts.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. User agrees to provide all information and materials as may be reasonably required by MonsterScouts.com in connection with your transactions conducted on, through or as a result of use of the Website or Services. MonsterScouts.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify MonsterScouts.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
License and Website Access
Steam Crow LLC grants you a non-exclusive, nontransferable, revocable limited right and license to access and make personal use of the Website and the material provided hereon for your personal, non-commercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with expressed written consent of Steam Crow LLC.
This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Steam Crow. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Steam Crow or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Steam Crow’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Steam Crow. Any unauthorized use terminates the permission or license granted by Steam Crow.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MonsterScouts.com so long as the link does not portray Steam Crow, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Steam Crow or any of its affiliates as part of the link without the express, written consent of Steam Crow.
Reviews, Comments, Communications, and Other Content
Steam Crow and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Steam Crow reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Steam Crow and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Steam Crow and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Steam Crow, its related entities and its affiliates for all claims resulting from content you supply.
From time to time, Steam Crow may monitor and edit or remove any activity or content, but it has no obligation to do so. Steam Crow takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Steam Crow employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.
Member Content Submission Agreement
Please read this Member Content Submission Agreement carefully because it is a part of the Terms and Conditions and represents your legally binding agreement with us (“Submission Agreement“) regarding your submission (and our display and distribution) of content to the Website via certain technology, functionality and/or features we make available to you so you can upload and post such content for display via the Website (collectively, the “Member Content Submission Features“), and this Submission Agreement applies regardless of what type of device you use to submit content to the Website.
When you submit User Content, or by using or attempting to use the User Content Submission Features, you are signifying your agreement with and acceptance of all terms and conditions of this Submission Agreement as well as the terms and conditions contained in these Terms and Conditions that govern your legal and contractual relationship with Steam Crow LLC.
We have the right to change the terms and conditions of this Submission Agreement at any time as described in our overall Terms and Conditions. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Member Content Submission Features, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Submission Agreement, including, without limitation, any changes we have made.
Submitting User Content
The term “User Content” means and refers to any and all content, media and materials you submit for posting on the Website using the User Content Submission Features, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. Portions of this Website may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities“) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, “Posts” or “Postings“). User Content is also considered a “Posting” and therefore, all terms and conditions contained within this section of the Terms and Conditions entitled “Postings” shall apply to all User Content you submit pursuant to the terms and conditions of this Submission Agreement for Posting to the Website.
Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. Instructions for uploading User Content can be found on the Website’s web page for the upload of User Content. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Website’s web page for the upload of User Content. In order to submit User Content, you will also need to meet our Age Requirements (see A Special Notice about Children above).
When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
Rights Granted to Steam Crow
In connection with all User Content you submit using the User Content Submission Features, you grant to Steam Crow LLC , the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site (regardless of the Device through which the Site may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Steam Crow LLC (collectively, the “Platforms“), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Steam Crow LLC , in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to Steam Crow LLC , these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting Steam Crow LLC, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Steam Crow LLC and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Steam Crow LLC, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Submission Agreement and granted to Steam Crow LLC, shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Steam Crow LLC on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither Steam Crow LLC, nor it’s agents, shall be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Steam Crow LLC may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Steam Crow LLC. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.
You hereby release Steam Crow LLC from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Steam Crow LLC, have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to Steam Crow LLC hereunder.
Steam Crow LLC has the right to license, authorize and/or otherwise enter into agreements and arrangements with any Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Submission Agreement, in whole or in part. To the extent Steam Crow LLC does so, when you submit User Content each Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to Steam Crow LLC hereunder and related thereto as if you had entered into this Submission Agreement with such Affiliate directly.
Steam Crow LLC reserves the sole and exclusive right to sell and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Website, the User Content Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Website, the User Content Submission Features, other Platforms or elsewhere.
Steam Crow and its affiliates attempt to be as accurate as possible. However, Steam Crow does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, Products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Steam Crow, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Steam Crow, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this website is the property of Steam Crow, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Steam Crow, or any entity or person in which Steam Crow, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Steam Crow.
One or more patents apply to the Website and to the features, products, and services accessible via the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, written consent of Steam Crow.
Steam Crow respects the intellectual property rights of others, and we ask our users to do the same. Listings of counterfeits, replicas, or other unauthorized items are prohibited on the Website strictly. Listings of offers to sell or purchase counterfeits, replicas, or other unauthorized items shall be subject to removal by MonsterScouts.com. The following actions may be used to deter suspicious listings: (a) Removal of listings upon receipt of intellectual property infringement claim against the same from intellectual property right holders; (b) Written notification to members responsible for listings subject to intellectual property infringement claim; (c) Termination of membership account in respect of repeated intellectual property infringement claims that members fail to submit valid counter-notification to refute infringement allegations against them In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Steam Crow’s designated agent for notice of claims of copyright infringement on the Website at the following address:
Steam Crow, LLC
ATTN: Copyright Agent
7233 W. Cottontail Ln, Peoria, AZ, 85383
Please note that this procedure is exclusively for notifying Steam Crow and its affiliates that your copyrighted materials have been infringed.
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agrees to indemnify and hold MonsterScouts.com harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
As a neutral e-commerce platform MonsterScouts.com does not adjudge conflicting intellectual property infringement claims. Any action taken by MonsterScouts.com shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from MonsterScouts.com and the Website.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by Steam Crow on an “as is” and “as available” basis. Steam Crow makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Steam Crow disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Steam Crow does not warrant that the Website, its servers, or e-mail sent from Steam Crow are free of viruses or other harmful components. Steam Crow will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Arizona, United States of America. By visiting the Website, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Steam Crow or its affiliates.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Peoria, Arizona, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Steam Crow’s intellectual property rights, Steam Crow may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
Website Policies, Modification, and Severability