Stuck on 3rd Base Entertainment
Terms and Conditions



1. Acceptance of the Terms and Conditions, and Terms of Service.

Welcome to Stuck on 3rd Base Entertainment LLC. We are somewhat happy to have you as a user of cApp’d!, one of our mildly entertaining Mobile Phone Applications.  Though, this app should not be used by anybody. Including you. 

 

The following Terms and Conditions (collectively, these "Terms of Service") apply to your use of our website, stuckon3rd.com, our mobile phone applications, including cApp’d!, and any of our associated Social Media Sites, including but not limited to: Facebook, Twitter, Instagram, Tumblr, Vine, Youtube, or IMGUR.

These Terms and Conditions also apply to
your use of cApp'd! in any form, including but not limited to: emailing, texting, sharing, posting, distributing, and/or displaying of content in any form, and/or your use of cApp'd! in any form on your own Social Media or Websites, AND the Social Media Sites or Websites of other people, Third Parties or Entities.

 

The Terms of Service also include our Privacy Policy, that you can review here: http://stuckon3rd.com/Privacy_Policy.html

 

Please read these Terms carefully before you start using our Mobile Phone Application, cApp’d! in any form, or any of our social media sites created by, or associated with cApp’d!, and/or  Stuck on 3rd Base Entertainment LLC.

While cApp'd! features app generated material, including but not limited to captions, your use of this material, as well as your use of cApp'd! in any form, must be in complete compliance with these Terms and Conditions set forth here. Any violation is strictly prohibited.

BY using our Website, and/or our associated Social Media Sites and/or our Mobile Phone Applications including cApp’d! in any form, you accept and agree to be bound and abide by these Terms of Service. You also confirm that you are at least 17 years of age. USE OF THIS APP BY PERSONS UNDER THE AGE OF 17, IS ABSOLUTELY STRICTLY PROHIBITED.

 

Should you disagree with any of the provisions herein, you must leave the Website, unfollow/remove yourself from our Social Media Sites, and uninstall our Mobile Phone Applications immediately.

 

2. User Contributions and Content Standards. Special Disclaimer for legal content.

Stuck on Third Base Entertainment LLC's, Mobile Phone Application cApp’d!, applies captions to Photos, .gif Files and Video, while allowing the user to share upload, post, submit, publish, display, transmit and distribute content through use of the Application to Social Media Sites and/or that of other people or entities.

 

You are permitted to use Stuck on 3rd Base Entertainment LLC’s, Mobile Phone Application, cApp’d! as well as our associated Social Media Sites, provided that your activities and your content, is lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, violating these TERMS and CONDITIONS, or violating the Content Standards set below

 

All Content in any form; created, shared, uploaded, posted, submitted, published, displayed, transmitted or distributed in any form from your use of cApp’d!, MUST be lawful and MUST comply with the following:

Content Standards:

-      Must not contain any material that could potentially defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.

-     Must not contain any material which could potentially be defamatory, obscene, abusive, harassing, violent, hateful, inflammatory or otherwise objectionable.

-      Must not promote and/or contain sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

-      Must not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

-     Must not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

-      Must not be likely to deceive any person.

-      Must not promote or encourage any illegal activity, or advocate, promote or assist any unlawful act.

-      Must not cause, or have the potential to cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

-     Must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

-     Must not give the impression that they emanate from us or any other person or entity, if this is not the case.

-      Must not engage in conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

-     Must be at least 17 years of age.

-     Must not introduce viruses or any other form of code, that interrupts, renders unusable, or limits the functionality of any form of computer software or hardware.

 

3. Changes to the Terms of Service and the Website

Stuck on 3rd Base Entertainment LLC, its websites, Applications and Social Media Sites are a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website, our Mobile Phone Applications or Social Media Sites, and/or these Terms of Service and Privacy Policy from time to time, at our discretion. We will make sure to announce any major change on our website and social media sites. Your continued use of our website, our Mobile Phone Applications, including cApp’d! and our associated Social Media Sites, following the publishing of updated Terms of Service, means that you accept and agree to the changes.

 

4. Accessing the Website, Security and Privacy

We are working hard on improving The Mobile phone Applications and websites by Stuck on 3rd Base Entertainment LLC, but we can't guarantee that the Website, or Mobile Applications will be up and running 24/7 with no issues. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason, all, or any part of the Website, or Mobile Applications are unavailable at any time or for any period, nor for any data loss.

We manage your personal data according to our http://stuckon3rd.com/Privacy_Policy.html

 

5. Intellectual Property Rights and Use Guidelines.

Our Website and our Mobile Applications, such as cApp’d! and its original content, features and functionality are owned by Stuck on 3rd Base Entertainment LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

Stuck on 3rd Base Entertainment LLC’s Mobile Phone Application, cApp’d! is about posting captions and signs on Photos, .gif Files and Video, while allowing you to share to Social Media Sites through the Application.  Through your use of cApp'd!, you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our material or functions, except to the extent permitted by the Terms and Conditions itself.

 

All Content added, created, uploaded, submitted, distributed, shared, displayed or posted in any form to other people or entities, our websites, such as stuckon3rd.com, our Social Media Sites or any of our Mobile Phone Applications including cApp’d!, by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Your use of cApp'd! in any form is at your own risk and through your use you agree you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

 

You represent that all User Content provided by you is in compliance with ALL laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of Stuck on 3rd Base Entertainment LLC's Mobile Phone Applications and our Social Media Sites, and your User Engagement, including, but not limited to, copyright laws, export laws and these Terms & Conditions.

 

You acknowledge that all Content, including User Content, accessed, posted, shared or distributed in any form by you, from our Mobile Application cApp'd!, and/or the Social Media Sites for our Mobile Phone Applications, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

 

By submitting public User Content through Stuck on 3rd Base Entertainment LLC's Websites, our Social Media Sites, or your Social Media Sites, through use of cApp'd!, you  represent and warrant that you have all rights to the content without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, and any form of permission needed.


We welcome your feedback based on your sole discretion to do so, in the form of reviews, comments, suggestions, recommendations for modifications, improvements and/or changes to the Services, Content or Functionality of our Mobile Phone Applications, Social Media Sites and website. When you provide Feedback in any form, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website, our Mobile Phone Applications or all other products or services.


Our Website such as stuckon3rd.com and/or our Mobile Phone applications, including cApp’d! may contain Content specifically provided by us, our partners or other entities, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

 

 

6. Social Media Sites

We do not undertake to review all material before it is posted on the Website, or on our Social Media Sites, and cannot ensure prompt removal of any possible form of objectionable material, after it has been posted.

 

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, submissions, postings of any form, or any form of distributed content provided by any user or third party.

 

In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

 

We reserve the right to remove any Content and/or User Engagement from any of our associated Social Media Sites for any reason, without prior notice.

 

We encourage your feedback, in the form of reviews, examples, comments, posts, suggestions or recommendations, for modifications, improvements or changes to our Content, Services, Website and/or our Mobile Phone Applications including cApp’d!

 

When you provide Feedback in any form, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website, our Mobile Phone Applications or all other products or services.

7. Ads and Advertisments on cApp'd!

While cApp'd! and Stuck on 3rd Entertainment LLC do not specifically collect or share private information, PLEASE BE AWARE cApp'd! does feature ads which work with advertisers and third party advertising networks that do. 

Engaging these Advertisements, inadvertently or on purpose is at your own risk, and through downloading and using cApp'd!, you agree and confirm not to hold Stuck on 3rd Base Entertainment LLC responsible for any issue, Privacy related or otherwise, that results.

8. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of Stuck on 3rd Base Entertainment LLC’s Websites, Social Media Sites and Mobile Phone Applications, such as cApp’d!, is at your sole risk. The services are provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of Stuck on 3rd Base Entertainment LLC’s Websites, Social Media Sites and Mobile Phone Applications, including cApp’d!, in any form.

 

You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights whatsoever.

 

Because Stuck on 3rd Base Entertainment LLC’s Websites, Social Media Sites and Mobile Phone Applications, such as cApp’d!,, are not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of yours, or any third party's property or information.

 

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey.

 

10. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Stuck on 3rd Base Entertainment LLC and govern your use of our services, Websites, associated Social Media Sites and Mobile Phone Applications, including cApp’d!,, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).

 

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

11. Feedback

We welcome any comment, question and communication at cappd@stuckon3rd.com

 

 

 

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