Last updated on 13 February 2023

Terms of Service

Welcome to StackServe!

These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the StackServe website at stackserve.com (the “Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Service”). By using the Service, you are agreeing to these terms and are entering into an agreement with StackServe Pty (Ltd). Please read them carefully. Access or use of the Service, or reliance on information made available at any point through the Service, is at your own risk.

1 The StackServe Service

StackServe is an online platform that showcases the marketing focused digital agencies generating leads and brand awareness for businesses around the world. Agencies may list their business and the services that they offer at no cost.

Listed agencies alone are responsible for creating and maintaining their publicly available business profiles. StackServe is not and does not become a party to or other participant in any contractual relationship between an agency listed on the Platform and any user that enters into dealings with them. StackServe is a neutral platform and does not act as an agent in any capacity for any user.

If you list your agency on StackServe, you agree that you are an independent service provider that makes use of the Service for marketing purposes only. You agree that you are not considered an agent, joint venturer or partner of StackServe for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf of StackServe. We do not, and shall not be deemed to direct or control you generally or in your performance under these Terms, including in connection with your provision of services as marketed through the Service. You acknowledge and agree that you have complete discretion whether to market your business or services via the Service.

StackServe cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof if this is necessary to maintain the security or integrity of our the Platform or its servers, or to carry out maintenance operations in order to ensure the stable or improved functioning of the Platform. We may improve, enhance or modify the Platform and introduce new features from time to time.

2 Definitions

User

“User” or “You” or “Your” refers to you, as a user of the Service. A user is anybody who accesses or uses the Service for any purpose, including browsing listed agencies or listing an agency.

Agency

“Agency” (or “agencies”) refers to any user who has listed their business on the Platform for the purpose of marketing their services.

Content

“Content” includes (but is not limited to) images, video, location data, and all other forms of information or data found on the Platform. “Your content” or “user content” means content that you, as an agency listed on the Platform, upload, share or transmit to, through or in connection with the Service, such as images, video, business information, references to businesses with whom you have worked (“Featured Clients”), and any other material that is displayed on your agency listing. “StackServe content” means content that StackServe creates and makes available in connection with the Service including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Service excluding your content and third party content. “Third party content” means content that originates from parties other than StackServe or its users and is available on the Service at any point.

3 Modification of the Terms

We may change or amend or update these Terms, from time to time entirely at our own discretion. You shall be responsible for checking these Terms and to ensure continued compliance with these Terms. Your use of the Service after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

4 Provision of the Service

You acknowledge and agree that the nature and form of the Service which StackServe provides may require certain changes to be made to it. Due to this, we reserve the right to suspend/cancel, or discontinue any or all products or services at any time without notice, or make modifications and alterations to any or all of its contents, products and services at any time.

By using our Service you agree to the following disclaimers:

The content found throughout the Service is for informational purposes only. StackServe disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. We reserve the right to make changes and corrections to any part of the content on the Service at any time without prior notice. We do not guarantee the integrity or quality of the services offered by any agency listed on the Service.
StackServe does not make any warranties about the validity, authenticity, reliability and accuracy of qualification, certification, or licenses (“Certification”) or information in regard to such Certification that may be displayed on an Agency’s profile. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and StackServe, in no manner, shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification.
StackServe reserves the right to charge subscription and/or membership fees in relation to any agency listing and the user will be giving reasonable prior notice of this fact.

5 Using the Service

By accessing, browsing, using, listing your agency on, or uploading information or content to the Service, you hereby agree and warrant that:

You are in compliance with all laws and regulations in the country in which you live when you access and use the Service. You agree to use the Service only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
You will use the data owned by StackServe, as is made available through the Service, only for personal use and not for any commercial use unless expressly agreed to by us in writing.
You agree not to access (or attempt to access) any part of the Service by any means other than the interface that is provided by StackServe, unless you have been specifically allowed to do so, by way of a separate agreement with us. You specifically agree not to access (or attempt to access) any part of the Service through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

6 Listing an Agency

Businesses who wish to list on the Platform must create an agency account. Upon creating an account you agree to the following:

(i) By creating an agency account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not create an account for an agency unless you are an authorized representative of the agency, or an authorized representative of the agency has given you permission to do so on their behalf. You may not impersonate someone else or another agency or business.

(ii) You are also responsible for all activities that occur on your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action.

(iii) By creating an account, you agree to receive certain communications in connection with the Service.

(iv) You agree to not create multiple or spam accounts in order to increase your exposure on the Platform. StackServe reserves the right to determine whether accounts and their corresponding listings are considered spam or fake, and whether or not they undermine the Service and are in violation of these Terms;

(v) You acknowledge that StackServe reserves the right to remove spam or fake agency accounts, or agency accounts whereby the information presented does not correspond with the official listed website, ie. services offered or locations in which your business is based.

(vi) You agree to use only companies or businesses with whom you have worked as references under the Featured Clients section, and you acknowledge that falsely listing a company as a Featured Client reference may result in the removal of your account.

(vii) You acknowledge that StackServe reserves the right to remove your agency account whereby you have since discontinued your business and service offerings as listed on the Platform.

(viii) You acknowledge that StackServe reserves the right to remove your agency account in the case that it is evident from background checks that your business has received overwhelmingly negative ratings or reviews on other websites, or in the case that we receive multiple complaints, of any kind, about your business as listed on the StackServe platform.

7 PRO Memberships, Payments, Renewals & Cancellations

Our premium tier paid subscription (“StackServe PRO”) may be purchased directly on the Platform. Pricing for StackServe PRO will be provided at the time of purchase.

7.1 Billing

StackServe may change the price for the StackServe PRO subscription, and the related recurring subscription fee, from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing your subscription to the StackServe PRO membership. If you do not agree with a price change, you have the right to reject the change by canceling your subscription to StackServe PRO prior to the price change going into effect.

You acknowledge that we use PayPal as our third party payment gateway. You agree that you are responsible for your PayPal account and are bound by a separate agreement with PayPal regarding your credit or charge card or other payment information.

7.2 Renewals

Your payment for StackServe PRO will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You acknowledge that canceling your subscription to StackServe PRO takes effect immediately and all associated features and benefits are removed at the time of cancellation.

7.3 Refunds

We do not offer refunds on any previous or partial periods of StackServe PRO subscriptions. You may cancel your subscription at any time to avoid being billed for the next monthly subscription period.

8 StackServe Premier

StackServe Premier is reserved for agencies that can be verified by referencing their reviews on a trusted third-party platform, as well as their official portfolio or work history. PRO memberships do not guarantee the StackServe Premier commendation. StackServe reserves the right to offer this commendation to agencies listed on the platform as determined on a case by case basis.

9 Content

9.1 StackServe content

StackServe is the sole and exclusive copyright owner of the Service and its content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world associated with the Service and our content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Service contains original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of StackServe.

You agree to protect StackServe’s proprietary rights and the proprietary rights of all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service. You acknowledge and agree that StackServe (or StackServe’s licensors) owns all legal right, title and interest in and to the Service, including any Intellectual Property Rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless expressly authorized by us, in writing, nothing in the Terms gives you a right to use any of StackServe’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of StackServe; or remove, conceal or destroy any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of StackServe’s content in whole or in part except as expressly authorized by us.

You agree to immediately notify us upon becoming aware of any claim that the Service infringes upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

9.2 Rights we grant you

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Service only as expressly permitted in these Terms. You shall not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Service solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of the StackServe content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Service, StackServe content or our Intellectual Property Rights.

Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other Intellectual Property Rights infringement depending on the circumstances.

9.3 User content

Upon uploading content or otherwise providing content to the Platform, you grant StackServe the right to use (including the right to host, index, cache and format) and display this content in connection with providing the Service (subject to the requirements set out in the Privacy Policy). We warrant that we will not use this user content in any of our marketing communications including, but not limited to, email marketing or social media posts, except where you grant your express permission to do so.

You agree that StackServe may use the information and media as sourced from your official website to create and post content to social media, with full reference to your company provided, only if permitted by you via the ‘Content Consent’ feature.

You agree to take all reasonable steps to contact StackServe in the event that you wish to have any social media content relating to your company removed or deleted.

StackServe reserves the right to refuse or remove any content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the guidelines below for rules and advice on what types of content and uses of the Service are appropriate.

If you delete content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the content may not be made immediately unavailable.

You are responsible for your user content. Any content that you upload to the Service is considered to be either content that you own the rights to, or content that the you are legally authorized to use. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of your user content or have been granted explicit permission from the rights holder to submit your user content; your user content was not copied from or based in whole or in part on any other content, work, or website; your user content was not submitted via the use of any automated process such as a script bot; your user content is truthful and accurate; and your user content does not violate these Terms or any applicable laws.

You assume all risks associated with your user content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in our user content that makes you personally identifiable. While we reserve the right to remove content, we do not control the actions or content posted by agencies and do not guarantee the accuracy or integrity of any content. You acknowledge and agree that StackServe is not liable for any content posted by agencies.

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Service or our users in our sole discretion.

9.4 Agency featured clients

As an agency on StackServe, you warrant that you have the necessary permission from any third party business with whom you have worked, to include that business as a reference (“Featured Client”) on your profile. We will not be held liable for any infringement by you on such third parties.

9.5 Third party links

Content made available through the Service may include or link to materials that belong to other third parties, such as, and not limited to, third party services or products. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Service. We do not screen or investigate this third party material before or after it is included on our Service. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Service. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Service, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that StackServe is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that StackServe is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Furthermore, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

10 Privacy Policy

You represent that you have read, understood and agree to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

11 Guidelines and Restrictions on Use

Without limiting the generality of these Terms, in using the Service, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:

Violates these Terms;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, pornographic, mature in content or overly sexual, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
Contains material that violates the standards of good taste or the standards of the Service;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuses others of illegal activity, or describes physical confrontations;
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Can be considered as spam, including but not limited to the repeat and/or unsolicited contacting of agencies via the Service;
Attempts to impersonate another person or entity;
Disguises or attempts to disguise the origin of your user content, including but not limited to by: (i) submitting your user content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which your user content is submitted;
Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
Asserts or implies that your user content is in any way sponsored or endorsed by us;
Falsely states, misrepresents, or conceals your affiliation with another person or entity;
Accesses or uses the account of another user without permission;
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, or destroys the functionality or use of any features of the Service or the servers or networks connected to the Service;
Accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
Collects, accesses, or stores personal information about other users of the Service;
Is posted by a bot;
Violates the restrictions in any robot exclusion headers on the Service, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Service;
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Service;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Service or StackServe content; or
Threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Attempts to do any of the foregoing.

You acknowledge that StackServe has no obligation to monitor your – or anyone else’s – access to or use of the Service for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, administrative agency or other governmental body.

You hereby agree and assure StackServe that the Service shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of StackServe in any form or manner whatsoever.

12 User Feedback

By suggesting to StackServe any concepts, processes, techniques or other ideas regarding StackServe’s existing business (“feedback”), you agree that (i) such feedback does not contain any confidential, secretive or proprietary information of third parties, (ii) StackServe is under no obligation of confidentiality with respect to such feedback, and shall be free to use the feedback on an unrestricted basis, (iii) StackServe may have already received similar feedback from some other user or it may be under consideration or in development, (iv) you hereby assign all rights on a worldwide basis in perpetuity to StackServe in any feedback and, as applicable, waive any moral rights, and (v) you are in no way entitled to any compensation or other consideration in return for such feedback.

13 Advertising

The Service may be supported, now or in the future, by advertising revenue. Advertisments or promotions may be displayed throughout the Service. These advertisements may, or may not be, targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by StackServe on the Service is subject to change without specific notice to you. In consideration for StackServe granting you access to and use of the Service, you agree that we may place such advertising on the Service.

Excepting advertising through official StackServe advertising space, agency profiles may contain links to third party businesses. Your correspondence or business dealings with third party businesses other than StackServe found throughout the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and the third party. StackServe will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other third parties found throughout the Service.

14 Disclaimer of Warranties, Limitation of Liability, and Indemnification

14.1 Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STACKSERVE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“STACKSERVE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF IT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STACKSERVE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE HAS BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICE AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE STACKSERVE PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STACKSERVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY STACKSERVE, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

14.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE STACKSERVE PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICE, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE STACKSERVE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STACKSERVE’S REASONABLE CONTROL. IN NO EVENT SHALL THE STACKSERVE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

14.3 Indemnification

You agree to indemnify, defend, and hold harmless StackServe from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your user content, (ii) your unauthorized use of the Service, or products or services included or advertised throughout the Service; (iii) your access to and use of the Service; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15 Termination of your access to the Service

We may terminate your use of, and deny your access to, the Service, in our sole discretion for any reason or no reason, including your violation of these Terms. You agree that any termination of your access to the Service may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Service. If you use the Service in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Service. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Service.

If you wish to remove your account from the Service, you may do so by accessing your ‘Edit Profile & Account’ page and initiating the the ‘Delete Account’ process at the bottom of this page.

16 General Terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the Privacy Policy shall constitute the entire agreement between you and us concerning the Service. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and StackServe and you shall have no authority to bind StackServe in any form or manner, whatsoever.

Linking and Framing:

You may not frame the Service. You are granted a limited, nonexclusive right to create a hyperlink to the Platform provided such link does not portray StackServe or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a StackServe logo or other proprietary graphic or trademark of StackServe to link to the Platform without the express written permission of StackServe. This limited right may be revoked at any time.

17 Contacting StackServe

Feel free to contact us at hello@stackserve.com if you have any questions.