Terms of Service
Memberstack provides website owners with the services and infrastructure to add membership functionality to static websites. This includes but is not limited to: authenticating users, hiding static website content and processing credit card payments via Stripe. When we say “our” “we” or “us” we mean Memberstack LLC (“Memberstack”). When we say “content” or “your content” we mean any media/files you post, hide, upload, or sell via Memberstack. When we say “terms” we mean these terms of service.
2. Acceptance of these terms
You must agree to these terms before using Memberstack’s websites or services. When we make significant changes to these terms, we’ll notify you via the site or with the email you provided. You may send a request to cancel your account to email@example.com at any time.
3. Age restrictions
Memberstack should only be used by adults, meaning you and your users must be at least 13-years old or older to use it. We will delete any information we find was collected from a user under the age of 13 as quickly as possible. If you need to delete your account, or delete the account of a child under the age of 13 please contact us at firstname.lastname@example.org. By using the site and our services you represent and warrant that you are at least 13 years of age.
4. Memberstack rules
By registering for Memberstack you agree to not do any of the following:
- Threaten others with violence.
- Accept payments in exchange for any categories of businesses and business practices that are restricted from using Stripe.
- Use hateful, abusive, harassing, libelous, or obscene language towards others.
- Upload, publish, or distribute any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Upload, publish, or distribute any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Upload, publish, or distribute any material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Upload, publish, or distribute any material which is defamatory, inaccurate, abusive, profane, child pornographic, offensive, obscene or otherwise objectionable;
- Upload, publish, or distribute video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to or at the site;
- Impersonate another person;
- Make the site, in whole or in part, available to any other person, entity, or business except as expressly authorized by us;
- Copy, reverse engineer, decompile, or disassemble any code or functionality of or at the site, in whole or in part, or otherwise attempt to discover the source code to any software used in or at the site;
- Modify the site or any associated software or combine the site with any other software or services not provided or approved by us;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site, or programmatically register accounts on the site;
You agree to accept responsibility for any of your actions in relation to the site. You agree to comply with local, state, national, and international laws and regulations. This includes, without limitation those laws related to data collection/processing, email delivery and creation, and privacy. If we believe you have broken any of these rules, we will, at our sole discretion, delete offending material, place restrictions on or delete your account.
5. Canceling your account
You may cancel your account, or members’ accounts at any time and your discretion. Offsite backups are regularly deleted within 30 days, and all of your data/users data will be deleted from our servers as soon as possible.
6. Disclaimer of warranties
We will work hard to take care of your data and prevent interruptions to the service. However, our sites and our services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You understand that you interact with or otherwise obtain content or services through the site at your own discretion and risk.
7. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You will not hold Memberstack responsible for any content made available through the site. Our site allows anyone to sell access to hidden pages, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of the content advertised, the truth or accuracy of content, the ability of sellers to sell the content, the ability of buyers to buy the content, or that a buyer or and seller will actually complete or refund a transaction.
Our total cumulative liability to you for any and all claims arising from or in connection with these terms and/or the site (under any legal theory, including without limitation claims in contract or tort) will not exceed the amounts actually paid to us by you in the twelve (12) month period immediately preceding your formal written notice of the claim for liability hereunder. All claims that you may have against Memberstack will be aggregated to satisfy this limit and multiple and/or subsequent claims will not enlarge this limit.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
9. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the state of Virginia, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within James City County, Virginia, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.