Last Modified: March 12, 2019
A. Your Account Information. By submitting a registration form or creating a password on the Site for an account (your “Account”), you represent to us that the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete. We or our designees and/or licensees may use your Account Information for promotional or marketing purposes until you revoke such authorization by notifying us at firstname.lastname@example.org.
B. Passwords. You are responsible for maintaining the confidentiality of your password and you are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact, authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it.
C. Permitted Uses. Use of your Account is limited to your own personal, noncommercial use only.
3. Billing Policies, Refunds, Overages, and Upgrades and Downgrades
- The fees for your Membership are billed in advance of each billing cycle.
- In the event you cancel your Membership, and a refund is required, you can reach us on the on-site chat, or email@example.com.
- If you upgrade your Membership level, you will be charged for the increased price of the upgraded Membership, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Membership, as provided at https://www.sara.agency/pricing, beginning with your next billing cycle.
- If you desire to downgrade your Membership level prior to the end of your subscription period, please provide written notice to firstname.lastname@example.org. The Membership downgrade will take effect the first billing cycle that occurs more than seven (7) days following your notice to us, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Membership may cause the loss of account content, features, or capacity. Sara Agency disclaims liability for any such loss.
- Any discounts applied to a previous subscription or Membership may not apply to a renewed subscription or Membership, including to any automatic renewals.
- Any questions involving upgrades or downgrades to your Membership can be directed to email@example.com.
F. Account Cancellation
6. Additional Terms and Click-Through Agreements; Third Party Websites.
B. Prohibited User Content. You may not post User Content on or through the Site that: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or contains a virus or other harmful component.
C. Responsibility for User Content. You are responsible for all User Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your User Content on the Site, where applicable. Posting your User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties. We will make reasonable efforts to prevent your User Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your User Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.
F. License to Use Your Content. By posting, sending or transmitting the User Content, you hereby grant us and our designees and/or licensees: a worldwide, fully paid, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, and you further specifically acknowledge and agree that you waive any and all intellectual property or other rights that you might otherwise claim in connection with any such use.
G. Removal of User Content from the Site. You may always ask that all of your User Content (including all Personal Information be removed entirely from our systems and your Account closed by notifying us at firstname.lastname@example.org. We cannot guarantee the complete deletion of your User Content and copies thereof from the Internet if it has been transmitted through our Services to any third party website, message board, blog or applications integrated with the Services.
H. Warranties. You represent and warrant that (i) you own all right, title and interest in your User Content or otherwise have the right to grant the license to the same, and (ii) the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
8. Ownership of Site and User Content.
A. User Content. We own and reserve all right, title and interest in the Site, including all of the software and code that comprise and operate the Site, and all of the content on the Site except your User Content. The Site and the content we and others provide are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.
9. Claims of Copyright Infringement. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing User Content or link.
10. Trademarks. The trademarks and service marks used or displayed on the Site ("Trademarks") are our registered and unregistered trademarks and those of their licensors or affiliates. You may not use any Trademarks displayed on the Site without our prior express written permission of us or the trademark owner.
11. Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
12. Third Party Sites. The Site may contain links to websites operated by other entities (such as We take no responsibility for your actions in connection with any third party website, nor are we responsible or liable to you for any action taken by a third party in connection with their website.). If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
13. DISCLAIMER OF WARRANTIES. THE SITE, THE SERVICES AND ANY CONTENT THEREON, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICES AND SITE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; (iv) THAT THE SERVICES OR SITE SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERRUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES; OR (v) THAT ANY SOFTWARE, SERVICES, CONTENT, SITE OR SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
14. RELEASE. YOU AGREE THAT WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, AGENTS, SPONSORS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICES OR SITE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SERVICES OR SITE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASED PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE FEES YOU HAVE PAID US.
15. LIMITATION OF LIABILITY. YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICES AND SITE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICES OR SITE; (ii) ANY CONTENT CONTAINED ON THE SITE OR WITH THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE THROUGH THE SERVICES OR ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICES OR SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES OR ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SERVICES OR SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US FOR ACCESS TO THE SERVICES OR THE SITE. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SERVICES OR SITE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED.
17. Indemnification. You agree to defend, indemnify and hold us our directors, officers, employees, agents, contractors, successors and assigns (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Services and Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.