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Terms of Service This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Stogie Lives, a subsidiary of MARSZ INC. LLC, and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website. BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER STOGIE LIVES SOFTWARE, SERVICES, WEBSITES OR ANY OF STOGIE LIVES LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE THAT YOU ARE 21 OR OLDER. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. STOGIE LIVES RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN STOGIE LIVES’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE. No implication is made that the materials published on Stogie Lives website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this website is published in English and we are not responsible for errors in translation. ACCESS TO THIS SITE Individuals attempting to access this site must be 21 years or older. Individuals that do not meet the minimum age requirements will be banned from using this site. To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Stogie Lives believes the information you provide is not correct, current, or complete, Stogie Lives has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. Restrictions on Use Individuals under 21 are prohibited from using this website. Individuals may use this website for purposes expressly permitted by this site. As a condition of your use of Stogie Lives’ website(s), you warrant to Stogie Lives that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of Stogie Lives. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Stogie Lives to prevent or remedy any unauthorized use. In addition, you may not use Stogie Lives website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). PERSONAL AND NON-COMMERCIAL USE LIMITATION Stogie Lives’ website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Stogie Lives’ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Stogie Lives’ website(s), unless expressly permitted by these terms. PROPRIETARY INFORMATION The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Stogie Lives (the “Content”) is the proprietary information of Stogie Lives or the party that provided or licensed the Content to Stogie Lives whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Stogie Lives, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to Social Media Examiner, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Stogie Lives’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Stogie Lives’ intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website. LINKS TO THIRD-PARTY WEBSITES This site may link to other sites which are not maintained by, or related to, Stogie Lives. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Stogie Lives. Stogie Lives has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and Stogie Lives makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold Stogie Lives harmless from any and all liability related to your use of a third-party website. Stogie Lives provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by Stogie Lives of that site or any association with its operators. Use of Communication Services Stogie Lives websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using Stogie Lives’ Communication Services. When using Stogie Lives, you agree that you will not post, send, submit, publish or transmit in connection with this site any material that: • You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); • Advocates illegal activity or discusses an intent to commit an illegal act • Is vulgar, obscene, pornographic, or indecent; • Uses hate speech, memes, or hashtags as defined by the Anti-Defamation League (https://www.adl.org/hate-symbols) • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; • To obtain personal information used for business purposes without the user’s consent. • Violates any state for federal law. • Falsifies you identify or misrepresents your identity as another person. • To solicit funds. • Upload material containing malware, spam, viruses, etc. • Is consistent with a pyramid scheme, or seeking to defraud another individual. • Contains hyper-links to other sites that contain content that falls within the descriptions set forth above. Stogie Lives reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Stogie Lives reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Stogie Lives also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Stogie Lives nor any third party that provides content to Stogie Lives will assume or have any liability for any action or inaction by Stogie Lives or such third party with respect to any submission. Stogie Lives cautions you against giving out any personally identifying information about yourself in any Communication Service. Stogie Lives does not control or endorse the content, messages or information found in any Communication Service and, consequently, Stogie Lives specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Stogie Lives spokespersons, and their views do not necessarily reflect those of Stogie Lives. DISCLAIMER Stogie Lives has made every effort to ensure that all information on the website has been tested for accuracy. Stogie Lives make no guarantees regarding the results that you will see from using the information provided on the website. The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. Stogie Lives makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Stogie Lives assumes no responsibility for errors or omissions that may appear on the website. You understand that Stogie Lives cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Stogie Lives does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by STOGIE LIVES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. STOGIE LIVES DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. STOGIE LIVES DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STOGIE LIVES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND STOGIE LIVES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT STOGIE LIVES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. STOGIE LIVES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Stogie Lives does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete. LIMITATION ON LIABILITY STOGIE LIVES, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF STOGIE LIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERMINATION OR RESTRICTION OF ACCESS Stogie Lives reserves the right, in its sole discretion, to terminate your access to any or all of Stogie Lives’ websites and the related services or any portion thereof at any time, without notice. INDEMNITY You will indemnify and hold Stogie Lives, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. TRADEMARKS AND COPYRIGHTS The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation SOCIAL MEDIA EXAMINER® and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of STOGIE LIVES, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stogie Lives. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of Stogie Lives. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability. All contents of Stogie Lives’ websites are: Copyright ©MARSZ INC. LLC. All rights reserved. COPYRIGHT INFRINGEMENT Notice and Takedown Procedure Stogie Lives expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide STOGIE LIVES’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email). Upon receipt of a valid notice, Stogie Lives will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA. 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.