Terms of Service
Last Updated: 2013-07-28
Gist: Use the site as intended and don't blame us for
things that aren't our fault and we'll get along just fine.
The following terms and conditions govern all use of the DeadMansSnitch.com
website and all content, services and products available at or through the
website. The Website is owned and operated by Collective Idea, Inc.
("Collective Idea"). The Website is offered subject to your
acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including,
and procedures that may be published from time to time on this Site by
Collective Idea (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound
by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the
Website or use any services. If these terms and conditions are considered
an offer by Collective Idea, acceptance is expressly limited to these
terms. The Website is available only to individuals who are at least 13
Your DeadMansSnitch.com Account
If you create an account on the Website, you are responsible for
maintaining the security of your account, and you are fully responsible
for all activities that occur under the account and any other actions
taken in connection with the account. You must immediately notify
Collective Idea of any unauthorized uses of your account or any other
breaches of security. Collective Idea will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a result
of such acts or omissions.
Payment and Renewal.
By selecting an Upgrade you agree to pay Collective
Idea the monthly subscription fees indicated for that service,
Payments will be charged on a pre-pay basis on the day you sign up
for an Upgrade and will cover the use of that service for a monthly
subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Collective Idea before the end of the applicable
subscription period that you want to cancel an Upgrade, your Upgrade
subscription will automatically renew and you authorize us to collect
the then-applicable monthly subscription fee for such Upgrade (as
well as any taxes) using any credit card or other payment mechanism
we have on record for you. Upgrades can be canceled at any time in
the Upgrades section of your site's dashboard.
Collective Idea reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check
this Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. Collective Idea may also, in
the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this
Collective Idea may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your
DeadMansSnitch.com account (if you have one), you may simply discontinue
using the Website. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". Collective Idea and its
suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Neither Collective Idea nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto will
be continuous or uninterrupted. You understand that you download from,
or otherwise obtain content or services through, the Website at your own
discretion and risk.
Limitation of Liability
In no event will Collective Idea, or its suppliers or licensors, be
liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable theory
for: (i) any special, incidental or consequential damages; (ii) the cost
of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to Collective Idea under this
agreement during the twelve (12) month period prior to the cause of
action. Collective Idea shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in
strict accordance with the DeadMansSnitch.com
applicable laws and regulations (including without limitation any local
laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii) your
use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
You agree to indemnify and hold harmless Collective Idea, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Website,
including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Collective Idea
and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of
Collective Idea, or by the posting by Collective Idea of a revised
version. Except to the extent applicable law, if any, provides otherwise,
this Agreement, any access to or use of the Website will be governed by
the laws of the state of Pennsylvania, U.S.A., excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located
in Montgomery Count, Pennsylvania. Except for claims for injunctive or
equitable relief or claims regarding intellectual property rights (which
may be brought in any competent court without the posting of a bond), any
dispute arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators
appointed in accordance with such Rules. The arbitration shall take place
in Montgomery Count, Pennsylvania, in the English language and the
arbitral decision may be enforced in any court. The prevailing party in
any action or proceeding to enforce this Agreement shall be entitled to
costs and attorneys’ fees. If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and agrees to
be bound by, its terms and conditions; Collective Idea may assign its
rights under this Agreement without condition. This Agreement will be
binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
You've made it all the way down here? You deserve a baby duck:
This Terms of Service was adapted from
with their permission. Thank you!