Stashmatic.com - The Community Collector Database

Stashmatic Terms of Service

Updated October 2006

Welcome to Stashmatic LLC's on-line community and related services (the "Services"). Stashmatic LLC and its affiliates and subsidiaries ("Stashmatic" or "we") provide the Services to you subject to the following Terms and Conditions (this "Terms of Service"), which you must read and accept in its entirety before using our Services. By checking the box on the Stashmatic Registration Information screen, or by accessing or using the Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree to the terms and conditions of these Terms, do not access or use the Service. Stashmatic will not and does not make the Service available to you unless you agree to these Terms. Once accepted by you, this Terms of Service is a legally binding document.

We may update, modify, or otherwise change this Terms of Service from time-to-time, particularly when we add, remove, or modify features of the Service, and we make these changes to this Terms of Service without prior notice to you. Those updates, modifications, and changes will be binding on you from the time that we post them. You can always review the most current version of this Terms of Service on our website, and we urge you to do so on a regular basis. Any changes that we make to this Terms of Service will be binding on you even if you fail to read them. It's your responsibility to read this Terms of Service and keep apprised of all changes to it.

1. Our Service
Our Service includes a broad range of features, and these features will vary from time-to-time. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve our current Service will be subject to this Terms of Service. Although we do not charge for using our Service, we reserve the right to charge for your use of the Service (or any portion of it) in the future and, regardless of whether or not we charge for our Service, you must obtain access to the World Wide Web at your own cost in order to use our Service.

2. Eligibility and Your Registration Obligations
You must provide truthful, complete information (the "Registration Information") on our online registration form. You also must update the Registration Information as appropriate in order to keep the Registration Information truthful and complete. If you provide us with any Registration Information or other information that isn't truthful, complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to your account. If you share your password with any other person, then you assume complete responsibility for that use of our Service, including, without limitation, your obligations in Sections 3 and 4 of this Terms of Service. We reserve the right to refuse use of our Service (or any portion of it) by you or any third party.

3. Content on the Service
All information, data, text, software, music, sound, photographs, graphics, video, messages, statements, opinions and other information or materials that you find at www.Stashmatic.com and that does not originate directly from Stashmatic (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the party from whom that Content originated. This means that you, and not Stashmatic, are fully responsible, and are legally liable, for all Content that you upload, download, post, make available, or otherwise transmit (via e-mail, e-card or otherwise) on the Service. We don't assume any obligation to review or control the Content posted by users of the Service or otherwise, nor do we, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of any such Content. In addition, visitors to our website and other users of our Service may have access to Content that you upload, post, or otherwise make available and might copy, modify, or exploit it. We will not be liable, and we disclaim all liability, in connection with any such use of any Content by visitors to or users of our Service.

While using the Service, you may be exposed to Content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any Content and your exposure to any Content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such Content. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the Service or any Content posted to, downloaded from, or otherwise made available through the Service, whether that Content is posted to, downloaded from, or otherwise made available through the Service by you, another user or any other third party or Stashmatic.

The community of users of the Service may include moderators, many of who may not be affiliated in any way with Stashmatic and may be users of the Service just like you. Without limiting the generality of the preceding two paragraphs, (a) if you participate in moderated message boards, then you may receive Content from the message board moderators, (b) we don't assume any obligation to review or control any Content posted on the message boards, nor do we, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of any such Content, and (c) we will not be liable, and we disclaim all liability, in connection with any harm, loss or damages of any amount or type arising from your access to, or use of, such Content.

Please be aware that Stashmatic users may create categories of Content that content adult or mature content. You must be at least 18 years of age to access such Content.

4. Prohibited User Conduct
In using the Service, you may not:

upload, post, transmit (via e-mail, e-card, or otherwise), or otherwise make available any Content, or select any member name, that:

violates any right of any party;
is abusive, harmful, threatening, harassing, vulgar, obscene, hateful, pornographic, or racially or ethnically objectionable, or violates the privacy of a third party;
violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.);
upload, post, make available, or otherwise transmit serial numbers for software for the purpose of illegally registering or validating software;
is disruptive to Stashmatic's Internet community or to Stashmatic's business or business relationships; or
you don't have a right to make available under any contractual or fiduciary relationship (including, without limitation, confidential information of others, including information learned during employment or consulting relationships or pursuant to non-disclosure agreements, and inside information as that term is understood under applicable securities laws).

upload, post, transmit (via e-mail, e-card, or otherwise), or otherwise make available any material that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
upload, post, transmit (via e-mail, e-card, or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Service that we may designate for such purposes;
upload any adult, mature, or pornographic content except in specially designated “mature” categories of the Service.
engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
disguise the origin of any Content uploaded to, posted on, transmitted, or otherwise made available on or through the Service, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
impersonate any person or entity, including, without limitation, a Stashmatic official, employee, or representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;
modify, obscure, or eliminate the Stashmatic frame set, banner advertising, or any other content or information that originates from Stashmatic;
monitor, gather, or copy Content or any Stashmatic items available on the Service by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
attempt to harm minors in any way;
promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating Crush websites;
collect or harvest screen names; collect or store personal data about other users; or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
interfere with or disrupt the Service, or servers or networks connected to the Service, or violate any requirements, policies, regulations, or procedures of networks connected to the Service;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
provide links to websites, networks, Content, or resources that themselves violate the letter or spirit of this Terms of Service, or promote the violation of this Terms of Service or make available tools or information whose primary use constitutes a violation of the letter or spirit of this Terms of Service;
use your web pages or directory as storage for remote loading or as a door or signpost to another web page, whether inside or outside a Stashmatic website;
develop hidden pages or images (those not linked to from another accessible page), or restrict access to any pages other than through password protection mechanisms provided and approved by Stashmatic;
interfere with the operation or design of any elements that Stashmatic may add to users' pages, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind; or,
engage in commercial activities on the Service without enrolling in Stashmatic-approved affiliate programs, if any. Such prohibited commercial activities include, without limitation, soliciting for advertisers or providing a link to a commercial website outside of a Stashmatic-approved program.
use any information obtained from this Service in order to harass, abuse, or harm another person, or, offline, in order to contact, advertise to, solicit or sell to any user without such user’s prior explicit consent.

5. Content Submitted to the Service
We don't claim ownership of the Content that you make available on the Service. You represent and warrant that you own all necessary rights, title, and, interests in and to any and all Content that you post, upload, transmit, or make available as a part of the Service, consistent with your use of such Content and consistent with your grant of rights to Stashmatic under this Terms of Service. You acknowledge and agree that any Content you make available on the Service will be accessible by other Stashmatic users. By making the Content available as a part of the Service, you grant Stashmatic a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, modify, adapt, publish, and otherwise exploit the Content by all means and in all media, now known or hereafter devised for any purpose. For clarity, you retain all of your ownership rights in any Content you make available on the Service.

Stashmatic reserves the right (but is not obligated) to monitor, edit, disclose or record any type of Content for adherence to these Terms of Service. Stashmatic may exercise these rights if required, in the course of normal operations and maintenance of the Service, or by law or in the good faith belief that such action is necessary to: (i) comply with the law or with legal process served; (ii) protect and defend the rights of Stashmatic or others; or (iii) act in an emergency to protect the personal safety of our users or the public or to protect the operation or integrity of the Stashmatic infrastructure. STASHMATIC HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

6. Your Communications with Stashmatic
When you send e-mails to us or submit feedback on one of the Service’s online forms, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. International Availability of this Website and Content
The Internet spans the world. Because of this, you must comply with all applicable local laws, rules, and regulations, whether those of other countries or of the individual states within the United States, regarding online conduct, acceptable Content, and your use of the Service. In addition, you must comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country from which you use the Service, including, without limitation, any and all restrictions on encryption technology.

8. Indemnity
You agree to indemnify, defend, and hold Stashmatic (which includes Stashmatic's affiliates, subsidiaries, agents and service providers) harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Content, your use of the Service, and/or your violation of this Terms of Service.

9. Absolute Right to Suspend or Terminate Your Use of the Service
We may, in our sole discretion, (a) suspend or terminate your account, (b) remove any Content, and (c) terminate or modify all or any portion of the Service. We may exercise these rights for any reason or no reason, all without notice or liability to you or anyone else.

10. Third Party Items
Any interactions, correspondence, and business dealings that you have with any other users of the Service or any advertisers and other third parties (collectively, "Third Parties") found on or through the Service, or your participation in any promotions or offered by a Third Party, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such activities, are solely and entirely between you and the Third Party. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind that you may incur as a result of any such dealings.

11. Links to Other Website and Resources
We may provide links through the Service to other World Wide Web websites or resources that are not owned or controlled by Stashmatic (collectively, the "Third Party Resources"). We don't maintain such Third Party Resources, nor do we have any control over them. We don't endorse, approve, or sponsor any Third Party Resources, or any content, advertising, information, materials, products, services, or other items available from them (collectively, the "Third Party Materials"). We disclaim all liability for the availability, performance, accuracy, source, quality, integrity, and decency of the Third Party Resources and Third Party Materials, and the compliance of the Third Party Resources and Third Party Materials with any standard or law. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Materials or Third Party Resources.

12. Our Privacy Policy
Under our Privacy Policy, which is hereby incorporated into this Terms of Service, we may disclose to third parties certain aggregate information contained in your Registration Information or related information. We won't, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce this Terms of Service, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information, please see our full Privacy Policy.

Note to International Visitors: This site and the servers that make this site available are located in the United States and personal data you submit to us may be further transferred by us outside the U.S. or your country of residence. Most countries, including the United States, have not formally been determined to operate under specific laws deemed "adequate" by the European Union (EU) for the transfer of personal data. Stashmatic, however, respects your privacy, and will handle your personal data in accordance with our Privacy Policy. By accepting this Terms of Service, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in this Terms of Service and our Privacy Policy. To update your contact information and preferences on how we contact you, or access the personal information we hold about you, visit your account profile page.

13. Investigations; Cooperation with Law Enforcement
Stashmatic reserves the right to: (a) investigate any suspected breaches of its website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this Terms of Service, (c) involve and cooperate with law enforcement authorities in investigating any such matters, and (d) prosecute violators of this Terms of Service to the full extent of the law.

14. Stashmatic and Third Party Proprietary Rights
Except as expressly authorized in writing by Stashmatic or, where applicable, Third Parties, you agree not to, in whole or in part, copy, duplicate, create derivative works based on, modify, sell, distribute, lease, loan, rent, grant a security interest in, or reverse engineer the Service or any software used in connection with the Service or any content or other materials made available to you on or through the Service. Stashmatic grants to you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not access the Service by any means other than through the interface that's provided by Stashmatic for use in accessing the Service.

15. No Responsibility. You, as the user of the Service, assume full responsibility for the selection and use of the Service and for the access, use and results obtained from the Service.

Stashmatic assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Service. Stashmatic is not liable for any lost data resulting from the access, use and operation of the Service and/or the enforcement of these Terms. The entire risk arising out of the use or performance of the Service remains with you. Stashmatic urges all users to maintain their own back up versions of any Contributions they submit to the Service.
If your use of this Service results in the need for servicing or replacing property, material, equipment or data, Stashmatic is not responsible for those costs. No agent or representative has the authority to create any warranty regarding this Service on behalf of Stashmatic.
Stashmatic does not assume any liability for the content of any material provided on this Service. Reliance on any information presented on this Service is at your own risk. Stashmatic reserves the right to change or discontinue any aspect or feature of this Service at any time.
Stashmatic disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Service or otherwise related to your use of the Service. Stashmatic is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Service. Without limiting the foregoing, you may report the misconduct of users and/or advertisers or sponsors, referenced on or included in the Service to Stashmatic. Stashmatic may review your claim and take any actions it deems appropriate, in its sole discretion.

16. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU'LL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STASHMATIC OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.

17. Limitations of Liability
WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY STASHMATIC); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE TO YOU. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.

18. Services Relating to Financial Matters; No Reliance on Content
If you intend to create, join, subscribe to, or purchase any service or product through or in connection with the Service, then you must be particularly mindful of the disclaimers and the limitations of liability in this Terms of Service. Neither the Service and nor any Content included as a part of the Service may be relied upon in connection with any securities trading or investment purposes. We will not be responsible or liable under any circumstances for any trading or investment decisions made based on any use of the Service or Content.

19. Reporting Abuse
We encourage you to report to us, at service@stashmatic.com, any suspected violations of this Terms of Service, particularly as they relate to misuses of intellectual property and illegal or inappropriate behavior. Please be advised that Stashmatic is subject to the protections of the Digital Millennium Copyright Act, specifically 17 U.S.C. § 512. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that complies with Stashmatic's Procedure for Alleging Copyright Infringement.

20. Stashmatic is only a Venue
Our Site acts as an open marketplace for users to buy, sell and negotiate the purchase and sale of goods with other users. Stashmatic only provides a service and is not involved in any transaction between buyers and sellers who use our Site. There are risks that You assume when dealing with foreign nationals or those who may be acting under false pretenses. You agree that all of these risks are borne by You, and not Stashmatic. Stashmatic does not control the behavior of users on the Site or the information provided by other users that is made available through our Site. As a result, Stashmatic does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally Stashmatic does not guarantee the ability or intent of users to fulfill their obligations in any transactions. FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!

21. Safe Trading
Because user authentication on the Internet is difficult, Stashmatic cannot and does not confirm each user’s purported identity. Thus, we have established a feedback system to help You evaluate the user with whom You are dealing. We also encourage You to communicate directly with potential buyers or sellers through the features available on our Site.

22. Listing Restrictions
Stashmatic prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation.

23. Selling
You must have the legal authority to sell the goods that You are listing for sale on our Site. You must describe Your item and all terms of sale in Your listing. If You accept an offer, You are obligated to complete the transaction with the other party unless (i) the transaction is prohibited by law or this Agreement, or (ii) the buyer materially modifies the terms and conditions of the buyer’s offer. An offer to sell may be retracted at any time prior to its acceptance.

24. Buying
If You make an offer and the offer is accepted (or You use our Buy It feature), You are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. An offer to buy may be retracted for any reason at any time prior to acceptance by the seller.

25. General Provisions
This Terms of Service, along with the Privacy Policy and the Terms and Conditions of Website Use, constitutes the entire agreement between you and Stashmatic and governs your use of the Service, superseding any prior agreements, if any, between you and Stashmatic, including, without limitation, any prior versions of this Terms of Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Stashmatic services, Third Party Resources, and Third Party Content. Any controversy or claim relating to this Terms of Service and the Services not otherwise resolved between you and Stashmatic will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Terms of Service and the Services must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Stashmatic relating to your access to, or use of, the Services (including, without limitation, the Content) in accordance with this paragraph will be instituted in state or federal court in Raleigh, North Carolina. Accordingly, you consent to the personal jurisdiction of the courts in Wake County, North Carolina with respect to all matters relating to your access to or use of the Services and waive your rights to removal or consent to removal. This Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Stashmatic to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Stashmatic's operations, and/or Stashmatic's products or services caused by your act or failure to act. Stashmatic's failure to exercise or enforce any right or provision of this Terms of Service will not constitute a waiver or relinquishment of such right or provision, or any other right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and the other provisions of this Terms of Service will remain in full force and effect.

© 2009 Stashmatic, LLC All Rights Reserved.