You understand that when using Svpply, you will be exposed to User Submissions from a variety of sources, and that Svpply is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Svpply with respect thereto, and agree to indemnify and hold Svpply, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Svpply’s responsibility to the site’s content and its members.
Under no circumstances will Svpply be liable for any inaccuracy or defect in any Postings. Please be aware that Svpply does not and cannot monitor all of the Postings made to the sites, and therefore Svpply will not be responsible for the content of any Postings. However, Svpply does reserve the right to delete or edit any material in any posting that is obscene, offensive or otherwise objectionable and not in keeping with the standards of the site. If Svpply elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. We expect our members to adhere to certain standards of behaviour. You agree not to post or otherwise make available:
- posts that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- posts that include personal or identifying information about another person without that person’s explicit consent.
- posts that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- posts contain your own or a third party’s advertising, branding or promotional content;
- posts that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
- posts that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- posts that relate to products that sexual or pornographic in nature.
- posts restrict or inhibit any other user from using and enjoying the Svpply sites or the Svpply services offered on them.
User Submissions and Item Copyright
Responsibility of Copyright
The images made available to you by means of the Svpply service are protected by the copyright and trademark laws of the United States and other countries. Before using images for any purpose other than viewing on the web, you may need to obtain the authorization of the owner of the materials . It is your responsibility to obtain any authorizations to use an image or text that may be required; Svpply cannot give you such authorization. We cannot guarantee that Svpply will not locate unintended or objectionable content and Svpply accepts no responsibility or liability for the content of any images or text included in any Svpply list or otherwise linked to by the Svpply services, or for your use of such content.
Limitation on Liability
In no event shall Svpply be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Svpply has been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein.
If there is any dispute about or involving the site or service, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts, City of Wenham.
You agree to indemnify and hold Svpply, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Svpply to be liable to another.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as Svpply is not intended for children under 13.
Svpply, Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at email@example.com or at:
407 Broome Street
New York, NY 10013