Terms and Conditions
I. ACCEPTANCE OF TERMS
A. By using and/or visiting this website (collectively, including all content available through the sawagain.com domain name and any country-specific domains or subdomains thereof, the " sawagain.com Website", or "Website", or mobile applications accessing or associated with sawagain.com), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Sawagain.com's privacy notice, incorporated here by reference. If you do not agree to any of these terms, or the sawagain.com privacy notice, please do not use the sawagain.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. sawagain.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
II. ABILITY TO ACCEPT TERMS OF SERVICE
A. You affirm that you are either more than the age of majority in your jurisdiction of residence, 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. You affirm that you are over the age of 13, as the sawagain.com Website is not intended for children under 13.
A. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by sawagain.com without restriction.
A. You agree that: the sawagain.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over sawagain.com, either specific or general. These Terms of Service, together with the Privacy Notice and any other legal notices published by sawagain.com on the Website, shall constitute the entire agreement between you and sawagain.com concerning the sawagain.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and sawagain.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. sawagain.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the sawagain.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND SAWAGAIN.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SAWAGAIN.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
V. INTELLECTUAL PROPERTY
A. The content on the sawagain.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to sawagain.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. sawagain.com reserves all rights not expressly granted in and to the Website and the Content.
VI. THIRD PARTY LINKS
A. From time to time, sawagain.com may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by sawagain.com. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by sawagain.com. If you use these links, you may leave sawagain.com. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
VII. AUDIO/VIDEO RECORDINGS
A. Any audio or video recordings on the sawagain.com website do not guarantee results, and any attempt to recreate the events of any recording on sawagain.com is taken at your own risk.
A. As part of Sawagain.com's copyright policy, sawagain.com may terminate user access to the Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
1. Include a statement telling us that you have found a content on sawagain.com which you believe infringes your copyright (for example, "I hereby confirm that I believe the story identified below infringes my copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the content concerned and the full URL for its page.
4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Let us have contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
10. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
11. Send the notice, in English, to the following address:
Attn: sawagain.com Copyright Infringement Notification
Email: [email protected]
B. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Make sure you know whether the content that you have seen on sawagain.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
C. If you submit a User Submission to the sawagain.com Service then you authorize sawagain.com to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if sawagain.com becomes aware of infringement of User Submissions and/or Content from the sawagain.com Service, then sawagain.com may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
IX. CIRCUMSTANCES BEYOND OUR CONTROL
A. We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
A. You may be required to create an account to access or use certain areas of a Site or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify sawagain.com immediately of any unauthorized access or use of your account or password, or any other breach of security.
B. We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
C. Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other sawagain.com systems from further damage or exposure. This may include proactively changing your password. Should this need arise, we will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
XI. ACCOUNT TERMINATION POLICY
A. Sawagain.com may terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. Sawagain.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. sawagain.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
XII. USER SUBMISSIONS AND CONDUCT
A. As a sawagain.com account holder you may submit textual, audio, visual, or audiovisual content. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, sawagain.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize sawagain.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to sawagain.com, you hereby grant sawagain.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the sawagain.com Website. You also hereby grant each user of the sawagain.com Website a non-exclusive license to access your User Submissions through the Website. You understand and agree, however, that sawagain.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant sawagain.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the sawagain.com Community Guidelines, found at https://www.sawagain.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Sawagain.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and sawagain.com expressly disclaims any and all liability in connection with User Submissions. sawagain.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and sawagain.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. sawagain.com reserves the right to remove Content and User Submissions without prior notice.
A. If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
B. Governing Law. The Terms are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
C. Arbitration. You and sawagain.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and sawagain.com are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
D. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, sawagain.com will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
E. Forum. We’re based in Minnesota, so any legal action against sawagain.com related to our Services must be filed and take place in Minnesota. That means the seat of any arbitration shall be Minnesota. For any actions not subject to arbitration, you (where your contract is with sawagain.com) and sawagain.com agree to submit to the personal jurisdiction of a state court located in Minnesota or the United States District Court for Minnesota.
F. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Minnesota.
G. Modifications. If we make any changes to this “Disputes” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against sawagain.com prior to the date the changes became effective. sawagain.com will notify you of substantive changes to the “Disputes” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send sawagain.com a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and sawagain.com in accordance with the provisions of this “Disputes” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
A. You agree to defend, indemnify and hold harmless sawagain.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the sawagain.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the sawagain.com Website.
I. PRIVACY AND SECURITY
If users have questions or concerns regarding this statement, or feel that SawAgain has not complied with the Policy, they should first contact [email protected]
II. STORAGE AND USE OF USER INFORMATION
SawAgain stores information as described below that could be used to identify users ("Personal Information") on the SawAgain servers for the sole purpose of providing the SawAgain service to users. SawAgain also stores certain non-personally identifiable information using log files.
The following paragraph describes the Personal Information collected on SawAgain servers: email address, name and mailing address, telephone number, payment and usage records.
III. COMMUNICATIONS FROM THE SITE
IV. UPDATES AND NOTIFICATIONS
The email address of account holder is used for confirmation of a successful account creation. Account holders can opt out from the updates at any time by logging into their account to modify their update preference. Users also have the right to opt in or opt out of communications related to such services as, but not limited to, new application launches, promotions, SawAgain contests and events. SawAgain may also collect the account holder's cell phone number if the account holder opts in to an SMS alert service.
V. SERVICE ANNOUNCEMENTS
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if the service is temporarily suspended for maintenance, SawAgain might send users an email or SMS message. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
VI. CUSTOMER SERVICE
SawAgain communicates with users on a regular basis to provide requested services. In regards to issues relating to their account, SawAgain replies via email or phone, in accordance with the user's wishes.
Occasionally, SawAgain' site requests information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose information. The requested information typically includes marketing or product feedback information and, in some cases, optional contact and / or demographic information. If provided, contact information may be used for testimonials or to request additional feedback information. Users will be advised and given an opportunity to consent or opt-out of such uses. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the SawAgain website and SawAgain service. Users' Personal Information is not shared with third parties unless SawAgain provides prior notice and the choice to users. Though SawAgain may use an intermediary to conduct these surveys or contests, the intermediary may not use users' Personal Information for any secondary purposes.
SawAgain does not intentionally collect or use personal information about individuals under the age of 13. Consequently, use of this web and mobile internet site and all related services by children under the age of 13 is strictly prohibited. SawAgain reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to any messages, information or files which SawAgain, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Agreement.
X. AGGREGATE INFORMATION
SawAgain may use users' Personal Information to generate aggregated information that does not allow the user to be personally identified or contacted. Aggregated Information shows user activity as a whole rather than on an individual basis and may be used by SawAgain to provide insight on the usage of the SawAgain services.
SawAgain allows third-party companies to serve ads and/or collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
XI. WEB AND MOBILE INTERNET SITE ACTIVITY
Like most standard Web and mobile internet sites, SawAgain stores and uses web server log files. These files include anonymous information about web browsers, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. Such log files are not linked to Personal Information through the SawAgain service.
SawAgain will not share any information provided by users, except as follows:
Aggregate Information (non-personally identifiable)
SawAgain may use users' Personal Information to generate aggregated information relating to activity on SawAgain-enabled products and services. This aggregate information does not allow the user to be personally identified or contacted and shows user activity as a whole rather than on an individual basis. This information is shared with relevant SawAgain customers and partners.
When SawAgain Discloses User Information
In the event SawAgain goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' Personal Information will, in most instances, be one of the assets transferred. Users will be notified via email prior to a change of ownership or control of their Personal Information. If, as a result of the business transition, the users' Personal Information will be used in a manner different from that stated at the time of collection, users will be given a choice to decline such different use.
This Web or mobile internet site contains links to other sites. Please be aware that SawAgain is not responsible for the privacy practices of such other sites. SawAgain encourages its users to be aware when they leave the SawAgain site and to read the privacy statements of each and every Website that collects Personal Information. This privacy statement applies solely to information collected by the SawAgain web and internet mobile site.
SawAgain employs security measures in order to prevent the loss, misuse, unauthorized access, theft and alteration of Personal Information under SawAgain's control. However, no transmission over the Internet can be guaranteed to be completely secure. Consequently, SawAgain, its affiliates, subsidiaries, service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that Personal Information will be protected against misuse, loss or alterations and do not accept any liability for Personal Information submitted to or collected by them nor for your or third parties' use or misuse of Personal Information.
XIII. CORRECTING/UPDATING/DELETING/DEACTIVATING PERSONAL INFORMATION
If a user's Personal Information changes (such as phone, email address or cellular phone number), the user may update this information on the SawAgain website or on their cellular phone. If a user no longer desires to use SawAgain's service, SawAgain provides a way to delete/deactivate users' Personal Information. Account deletion/deactivation can be done online at [email protected]
XIV. NOTIFICATION OF CHANGES
XV. CONTACT INFORMATION