Special Fork Terms of Service

Last Updated: Feb 22, 2011

Introduction; Your Agreement to these Terms of Service.

Welcome to the Special Fork, Inc. (“Special Fork”) web site and online services (the “Special Fork Site”). The following Terms of Service for the Special Fork Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“You”), and Special Fork regarding your use of the Special Fork Site. Visitors and users of the Special Fork Site are referred to individually as “User” and collectively as “Users”.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SPECIAL FORK Site, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

Table of Contents:

  1. Eligibility.
  2. Privacy Notice.
  3. Individual Features and Services.
  4. Modification of these Terms.
  5. Software and Content Downloads.
  6. Prohibited Conduct.
  7. Account.
  8. Third-Party Sites, Products and Services; Links.
  9. Termination; Terms of Service Violations.
  10. Ownership; Proprietary Rights.
  11. Indemnification.
  12. Disclaimers; No Warranties.
  13. Limitation of Liability and Damages.
  14. Miscellaneous (including Dispute Resolution and Arbitration).
  15. Eligibility. the Special Fork Site IS not available to persons under the age of 18 or to any Users previously suspended or removed from the SPECIAL FORK Site by SPECIAL FORK. By clicking the “I Agree” button or by otherwise using the Special Fork Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Special Fork Site by Special Fork.
  16. Privacy Notice. Your privacy is important to Special Fork. Special Fork’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Special Fork’s collection, use, and disclosure of your personal information.
  17. Individual Features and Services. When using the Special Fork Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
  18. Modification of these Terms. Special Fork reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Special Fork Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Special Fork Site.
  19. Software and Content Downloads. Special Fork and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the Special Fork Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
  20. Prohibited Conduct. BY USING THE SPECIAL FORK Site YOU AGREE not TO:
    1. use the Special Fork Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Special Fork Site as such services are offered by Special Fork;
    2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 10, below);
    3. post, upload, or distribute any defamatory, libelous, or inaccurate content;
    4. post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
    5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Special Fork Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Special Fork Site, or perform any other similar fraudulent activity;
    6. delete the copyright or other proprietary rights on the Special Fork Site;
    7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Special Fork Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
    8. use the Special Fork Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud Users of the Special Fork Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Special Fork Site for any commercial use, it being understood that the Special Fork Site is for personal, non-commercial use only;
    9. use the Special Fork Site if You are under the age of 18 years old;
    10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Special Fork Site, features that prevent or restrict use or copying of any content accessible through the Special Fork Site, or features that enforce limitations on the use of the Special Fork Site;
    11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Special Fork Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    12. modify, adapt, translate or create derivative works based upon the Special Fork Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
    13. intentionally interfere with or damage operation of the Special Fork Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
  21. Account. When You use the Special Fork Site, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Special Fork on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Special Fork. You may be liable for the losses incurred by Special Fork or others due to any unauthorized use of your Special Fork Site account.
  22. Third-Party Sites, Products and Services; Links. The Special Fork Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Special Fork does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Special Fork Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
  23. Termination; Terms of Service Violations.
    1. Special Fork. You agree that Special Fork, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Special Fork or your use of the Special Fork Site and remove and discard all or any part of your account and User profile at any time. Special Fork may also in its sole discretion and at any time discontinue providing access to the Special Fork Site, or any part thereof, with or without notice. You agree that any termination of your access to the Special Fork Site or any account You may have or portion thereof may be affected without prior notice, and You agree that Special Fork will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Special Fork may have at law or in equity.
    2. You. Your only remedy with respect to any dissatisfaction with (i) the Special Fork Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Special Fork in operating the Special Fork Site, or (v) any content or information transmitted through the Special Fork Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the Special Fork Site and discontinuing use of any and all parts of the Special Fork Site.
  24. Ownership; Proprietary Rights. The Special Fork Site is owned and operated by Special Fork. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Special Fork Site provided by Special Fork (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Special Fork Site are the property of Special Fork or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Special Fork or its affiliates and/or third-party licensors. Except as expressly authorized by Special Fork, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Special Fork reserves all rights not expressly granted in this Terms of Service.
  25. Indemnification. You agree to indemnify, save, and hold Special Fork, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Special Fork Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Special Fork reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Special Fork, and You agree to cooperate with Special Fork’s defense of these claims. Special Fork will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
  26. Disclaimers; No Warranties.
    1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Special Fork, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE SITE AND THE SERVICE. no advice or information, whether oral or written, obtained by You from Special Fork or through the SPECIAL FORK Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 12 the term Special Fork includes Special Fork’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
    2. “As is” and “As available” and “With All Faults”. You expressly agree that use of the SPECIAL FORK Site is at your sole risk. THE SPECIAL FORK Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPECIAL FORK Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
    3. Content. Special Fork, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, or any other information OFFERED ON or through THE SPECIAL FORK SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    4. Accuracy. SPECIAL FORK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SPECIAL FORK SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    5. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE SPECIAL FORK SITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
  27. Limitation of Liability and Damages.
    1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SPECIAL FORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SPECIAL FORK SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH SPECIAL FORK, EVEN IF SPECIAL FORK OR A SPECIAL FORK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPECIAL FORK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    2. Limitation of Damages. IN NO EVENT WILL SPECIAL FORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SPECIAL FORK SITE OR your interaction with OTHER SPECIAL FORK SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SPECIAL FORK SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    3. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN SPECIAL FORK AND RECEIVED THROUGH OR ADVERTISED ON THE SPECIAL FORK SITE OR RECEIVED THROUGH ANY reference sites.
    4. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SPECIAL FORK HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SPECIAL FORK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SPECIAL FORK. Special Fork would not be able to provide the SPECIAL FORK Site to You on an economically reasonable basis without these limitations.
    5. Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  28. Miscellaneous.
    1. Notice. Special Fork may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Special Fork Site. Notice will be deemed given twenty-four hours after email is sent, unless Special Fork is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Special Fork Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Special Fork Site is deemed given 30 days following the initial posting.
    2. Waiver. The failure of Special Fork to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Special Fork.
    3. Dispute Resolution and Arbitration.
      1. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
      2. Arbitration. For any claim related to these Terms of Service or the Special Fork Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Special Fork or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Special Fork will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
      4. Improperly Filed Claims. All claims you bring against Special Fork must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
    4. Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    5. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Special Fork without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
    6. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 10 through 14.
    7. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
    8. Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and Special Fork relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by Special Fork as set forth in Section 4 above.
    9. Claims. YOU AND SPECIAL FORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPECIAL FORK SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    10. Disclosures. The Special Fork Site is hosted in the United States, and the services provided hereunder are offered by Special Fork, Inc.: 380 Roosevelt Way San Francisco, CA 94114, info@specialfork.com, (415) 335-9141.