CaddySmack

Terms of Use

Last Updated: August 22, 2023

OVERVIEW

Welcome to the CaddySmack website and mobile application (the “Platform”) operated by Start Publishing PD, LLC. (“CaddySmack”). These terms of use (the “Terms of Use”) govern your use of the Platform, as well as any content, features, functionality, products, and services offered by or through the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use, as well as our https://caddysmack.net/privacy-policy/ which is incorporated by reference into these Terms of Use.  

Please note that these Terms of Use may be revised and reissued without notice at any time by

updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Platform will be deemed as irrevocable acceptance of any revisions.

How to Contact Us 

Please forward any comments or complaints about the Platform to [insert an email address].

Online Privacy Policy 

Your privacy is important to us. To better protect your privacy, we provide a policy explaining our online information practices and the choices you can make about the way your information is collected and used at this Platform. To review this notice, which forms part of these Terms of Use, please go here: https://caddysmack.net/privacy-policy/

Trademarks and Copyrights 

The Platform and materials incorporated on the Platform are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated on the Platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by CaddySmack, its affiliates, or others. CaddySmack respects the intellectual property rights of others and asks users of the Platform to do the same.

Your Use of the Platform

You may use the Platform for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Platform: (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (d) to impersonate or attempt to impersonate CaddySmack, the Platform, a CaddySamack employee, another user, or any other person or entity; (e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Platform or users of the Platform, or expose them to liability.

Security 

Usernames and passwords used for the Platform (if any) are for individual use only. You shall be responsible for the security of your username and password (if any). CaddySmack shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that CaddySmack considers insecure, CaddySmack will be entitled to require it to be changed and/or may terminate your account. You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) are strictly prohibited. If you become involved in any violation of system security, CaddySmack reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Our Use of Content 

By posting, uploading or emailing any content to the Platform and/or to CaddySmack and/or providing any communication or material to CaddySmack (“User Content”), you automatically and irrevocably: (a) grant CaddySmack a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content sufficient to enable the reproduction, distribution, modification, publishing and/or other exploitation of such User Content by CaddySmack and/or by any person authorized by CaddySmack, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) warrant that you are the owner of the User Content; (d) confirm that, subject to our https://caddysmack.net/privacy-policy/ no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that CaddySmack shall not be liable for any use or disclosure of such User Content.

Errors, Inaccuracies and Omissions 

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and/or offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information is inaccurate at any time without prior notice. CaddySmack undertakes no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on the Platform has been modified or updated.

Third-Party Links

Certain content, available via the Platform may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Local Regulations 

CaddySmack makes no representation that the Platform, or any content available on or through the Platform, is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Platform from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Disclaimer of Warranties 

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. CADDYSMACK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability 

IN NO EVENT WILL CADDYSMACK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnity 

You agree to indemnify and hold harmless CaddySmack and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees) arising out of or relating to your use of the Platform, any Products, your violation of these Terms, or your violation of any rights of another.

Applicability of Laws; Disputes

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in a federal or state court of competent jurisdiction in New York County, New York