Terms Of Service
Welcome to SweatpantsAndCoffee.com! By using SweatpantsAndCoffee.com (including by simply viewing content on SweatpantsAndCoffee.com (the “Site”), you are agreeing that you, and each person you allow to access SweatpantsAndCoffee.com through your account, will abide by the terms of the following User Agreement, which is summarized here, and set forth in its entirety below. This User Agreement is between you and Sweatpants And Coffee, LLC (“We” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by Sweatpants And Coffee, LLC (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this agreement.
Using SweatpantsAndCoffee.com, User Conduct, and Your Content
- Anything you post on SweatpantsAndCoffee.com is public. So make sure you’re comfortable with the idea that anyone can view anything you post here.
- You shouldn’t post any content or use our service to do anything illegal or malicious.
- If it turns out any of your content or use is illegal or malicious, Sweatpants And Coffee, LLC is not responsible — you’re responsible.
- Please do not hack, attack, or copy Sweatpants And Coffee, LLC or our services.
- While we wouldn’t do it without good reason, ultimately Sweatpants And Coffee, LLC may remove your content or terminate or suspend your account at its sole discretion.
- If disputes arise between you and anyone other than Sweatpants And Coffee, LLC, we have no obligation to participate or assist either party.
You own the content that you create on SweatpantsAndCoffee.com, however Sweatpants And Coffee, LLC may distribute or use that content in a variety of ways. Examples include:
- Your post may be selected to be featured on another Sweatpants And Coffee, LLC site by a staff member or editor
- If you post a favorable review of a company or its product, the company may pay us to feature your post across SweatpantsAndCoffee.com
You may see advertising in and around SweatpantsAndCoffee.com. In each of these cases, we aim to respect your copyright and privacy and ensure you have an uncluttered experience. Examples include:
- We will insert ads in and around the SweatpantsAndCoffee.com platform and content experience where it makes sense
- We will insert affiliate links into your content where it makes sense, however, if you insert your own affiliate codes then we won’t remove them
- Your content may be used in ads with full credit and link back to you
We do our best to protect your personal information, and store it only as long as necessary. We do reserve the right to reveal your personal information if the law requires us to.
Sweatpants And Coffee, LLC respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary.
Warranty, Disclaimer, Limitations of Liability, and Waivers
- These are exceptions we must include by law to ensure that we are not at risk for significant liabilities. Since we are offering the Service free of charge, we hope you’ll understand.
- Whenever we make any updates to these Terms, we will update them here and do our best to communicate any material changes to our users.
We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Services upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages we send you to inform you of any changes.
“Company” or “Sweatpants And Coffee, LLC” or “We” shall mean Sweatpants And Coffee, LLC, and/or any of their affiliates, individually and collectively, doing business as Sweatpants And Coffee, LLC or otherwise.
“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.
“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.
“User Contributed Content” or “Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
User Responsibilities: You are solely responsible for your use of our Service, for any Content you submit to us, any interactions with other Sweatpants And Coffee, LLC users, and for any consequences thereof. Content you submit will be viewable by other users of the Service and through third party services and websites.
You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. Unless provided otherwise under a separate agreement with Sweatpants And Coffee, LLC, you agree to abide by the Content Guidelines located here: Content Guidelines.
Sweatpants And Coffee, LLC reserves the right, but is not obligated, to reject and/or remove any Content that Sweatpants And Coffee, LLC in its sole discretion, including, but not limited to, violations of these Terms or Content Guidelines. Sweatpants And Coffee, LLC reserves the right, but has no obligation, to monitor disputes between you and other users. Sweatpants And Coffee, LLC shall have no liability for your interactions with other users, or for any user’s action or inaction.
The Company does not control or endorse the content, messages or information found in User Contributed Content or external sites that may be linked to or from a Company product or its forum and, therefore, the Company specifically disclaims any responsibility with regard thereto.
The Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
User License: You retain your rights to any Content you submit to or through the Service. By posting any Content on the Service, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Sweatpants And Coffee, LLC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Sweatpants And Coffee, LLC’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
Such additional uses by Sweatpants And Coffee, LLC, or other companies, organizations or individuals who partner with or use Sweatpants And Coffee, LLC, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies.
Site License: All right, title, and interest in and to the Service (excluding Content provided by users) shall remain the exclusive property of Sweatpants And Coffee, LLC and its licensors. Nothing in the Terms gives you a right to use the Sweatpants And Coffee, LLC name or any of the Sweatpants And Coffee, LLC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sweatpants And Coffee, LLC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Subject to your acceptance of these Terms, Sweatpants And Coffee, LLC grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Service. Sweatpants And Coffee, LLC reserves all rights not expressly granted herein in the Service and the Sweatpants And Coffee, LLC Content. Sweatpants And Coffee, LLC reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.
Third-Party Links Disclaimer
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sweatpants And Coffee, LLC. Sweatpants And Coffee, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk. You expressly release Sweatpants And Coffee, LLC from any and all liability arising from your use of any third-party website, service, or Content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Sweatpants And Coffee, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
If Sweatpants And Coffee, LLC receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Service, we reserve to right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below.
To enable us to address your concerns, please provide the following information:
- For each allegedly infringing image, video, music, or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document, scan it and email it to sweatpantsandcoffee AT gmail DOT com, with ATTN: LEGAL in the subject heading.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Sweatpants And Coffee, LLC site(s).
Termination of Agreement
You may discontinue your use of the Service at any time without informing us. We may, however, retain and continue to use any Content that you have submitted or uploaded through the Service.
Sweatpants And Coffee, LLC may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service.We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms. In particular, Sweatpants And Coffee, LLC may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement, in accordance with the DMCA and other applicable laws.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your account, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to SweatpantsAndCoffee.com or any third party
On termination of your Account or upon your deletion of particular pieces of your Content from the Services, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Content may be available (and stored on our servers) through the accounts of other users, because of liking. You agree to release and indemnify Sweatpants And Coffee, LLC from all claims related to the retention of deleted content.
You agree to defend, indemnify and hold harmless Sweatpants And Coffee, LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Warranty, Disclaimer, and Limitations of Liability
Your access to and use of the Service or any Content is at your own risk.
SERVICES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, SWEATPANTS AND COFFEE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
Sweatpants And Coffee, LLC makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Sweatpants And Coffee, LLC also makes no representations or warranties of any kind with respect to Content; user Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from SweatpantsAndCoffee.com or through the Service, will create any warranty not expressly made herein.
Release From Liability: You release, to the fullest extent permitted by law, Sweatpants And Coffee, LLC, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between users, including those between you and other users; (ii) Third party sites and services, including Content found on such sites and services; (iii) Disputes concerning any use of or action taken using your account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alteration of such communications or your Content.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWEATPANTS AND COFFEE, LLC, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SWEATPANTS AND COFFEE, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SWEATPANTS AND COFFEE, LLC AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Notification of Changes to Terms of Service.
Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the service, you agree and accept the changes and agree to the Terms.
Comments, Feedback, Suggestions, Ideas, And Other Submissions.
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All feedback, suggestions, ideas regarding the Service, and other similar submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
This statement of the Terms of Service is effective June 10, 2013 and as updated by us from time to time subject to the notice language contained in the Terms.