TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER OR MEMBER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2020.
Last updated: November 11, 2020
Service Entity and Definitions
Step Modifications is a nonprofit, incorporated, limited-liability entity. This Terms of Service Agreement (the "TOS"/"ToS") is a legally binding agreement that shall govern the relationship with our users (“user”, “member”, “visitor”, “you”, “your”), who may interact or interface with Step Modifications (“STEP”, "we", "our", or "us”) website (the “Site”) located at stepmodifications.com and step-project.com and its services and applications (collectively, the “Services”), which include written information (“Content”) as well as tools, applications, scripts, game files, digital media, images, and all other files (“Assets”) . The reader to whom this document is presented is the prospective Site user. Administrative STEP personnel represent our Staff (“Staff”, “we”). A user account (“Account”) constitutes STEP membership.
Eligibility and General Usage
By accessing The Site, you hereby represent that you are aged 18 or older, or that you are aged 13 or older and do so with the consent of a parent or legal guardian who has also read and agreed to the TOS within the context presented here. We may, at our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these TOS are in compliance with all laws, rules and regulations applicable to you. The Services are offered only for your use, and not for the use or benefit of any third party.
User membership Accounts
One membership Account is permitted per user. It is your responsibility to ensure the email address attached to your Account is up-to-date. If you lose access to your Account, your email address is the only method that can be used to reclaim your Account. Your user Account name , signature, images and any other member-customizable attributes must not contain profanity or indecent language or imagery, and Staff have the right to alter user attributes that do not meet these or any other evolving Site criteria and/or have the right to otherwise mitigate the offense (e.g., warning, restricting, banning the member). The user is responsible for his/her own login information. STEP is not responsible for any unauthorized use of your Account or the consequences of said use. By creating an Account, you understand and agree that access to Services may be restricted at the Staff’s discretion.
Upon a user's request, STEP will anonymize or possibly delete a user Account. In order to preserve continuity of conversational information Content, STEP reserves the right to retain non-personally identifiable information (non-PII) on user Accounts without deleting them altogether.
By creating a Site membership Account, you acknowledge that STEP may send email to the address associated with your Account containing important information regarding your Account, as well as our Services and policies.
Content or Assets Made Available
All user and Staff contributions in the form of written Content, Assets made available, and STEP logos and brand features anywhere on The Site are licensed under Creative Commons (https://creativecommons.org/licenses/) unless expressly stated otherwise in a prominent location within the context of the Content or Asset(s).
STEP shall not claim ownership of any original or legally modified Assets submitted or made available by any non-Staff user for inclusion on the publicly accessible areas of The Site --as determined by network and server property settings as intended at the time of access-- outside that allowed by the Creative Commons. Therefore, by making said Assets accessible to Staff and in order to provide said Assets to users of The Site, you hereby grant and allow for STEP Staff and users worldwide, royalty-free, and non-exclusive Creative Commons licenses on these Assets as applicable.
STEP adheres to the DMCA and has strict anti-piracy and copyright protection policies and will take proactive action against users who exhibit behaviors demonstrating, promoting, or advocating piracy or misuse of rightfully-owned or copyrighted Assets.
Prohibited and Illegal Content
Content deemed illegal by US law is strictly prohibited and will result in administrative action and --when appropriate-- notification of the relevant authorities.
Rejection of Promotional Advertising
STEP is an ad-free nonprofit entity. User correspondence on or through The Site or Services in promotion of any for-profit business not authorized explicitly by STEP in writing is strictly prohibited.
External Site Links
Users may provide links to other websites and/or resources. Thus, you acknowledge and agree that STEP is not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, assets, advertising or any other materials on or available from such third party sites or resources. Furthermore, you acknowledge and agree that STEP shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Modification of Services
STEP reserves the right at any time that it may deem fit to modify, alter and/or discontinue STEP Service or any part thereof with or without prior notice.
Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of The Site, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear), as well as the sanctions control program of the United States (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Indemnity & Limitation of Liability
At its discretion, STEP may offer additional website Services and update, modify, or revise any current Content, Assets, and Services, and this TOS shall apply to any and all additional Services and any and all updated, modified or revised Services unless otherwise stipulated. STEP does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You accept and agree that STEP shall not be held liable for any such action. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such, STEP shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
You acknowledge that you will view and use all Content and Assets at your own risk, and we do not warrant the accuracy, completeness or usefulness of any Content or Assets presented. User-submitted Content expresses the views of the author, not necessarily the views of any Staff or The Site administrators.
All users herein agree to hold STEP and its Staff, subsidiaries, affiliates, agents, officers, partners, and/or licensors blameless and not liable for any claim or demand, which may include --but is not limited to-- reasonable attorney fees made by any third party which may arise from any Content or Assets a user of The Site may submit, post, modify, transmit or otherwise make available through STEP Services, the use of STEP Services, your connection with these Services, your violations of this TOS, and/or your violation of any such rights of another person.
Release of Claims, Demands and Damages
In the event you have a dispute, you agree to release STEP, its Staff, or its Service affiliates from claims, demands, and actual and/or consequential damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed arising out of --or in any way connected to-- such dispute.
This TOS constitutes the entire agreement between you and STEP and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to STEP Services. You may also be subject to additional terms and conditions that may apply when you use certain other STEP Services, affiliate Services, third-party content or third-party software.
Choice of Law and Forum
It is at the mutual agreement of both you and STEP with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Nebraska without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and STEP shall be filed within the courts having jurisdiction within the County of Lancaster or the U.S. District Court located in said state. You and STEP agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
At any time, should STEP fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.