These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. Is it important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supercede any such prior terms. If any future changes are not acceptable to you, then you must discontinue your use of the Site. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
Without limiting any other provisions of this Agreement, you may not use the Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to the Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
- Use this Site or its contents for any commercial purpose;
- Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure;
- “frame,” “mirror” or otherwise incorporate any part of this Site into any other website without our prior written permission.
- Re-visit, re-engage or apply for membership in the event that your current membership or access to the Site has been revoked, banned, or otherwise limited.
The material on this Site is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
- Strong, vulgar, obscene or otherwise harmful language,
- Racially, ethnically or otherwise, objectionable language,
- Harassing, intimidating, stalking or threatening other community members,
- Libelous, defamatory or otherwise tortious language,
- Online vandalism,
- Impersonation of another person,
- False or misleading information,
- Content that is not related to subject matter,
- Posting, distributing, transmitting or promoting illegal content,
- Invasion of another’s privacy,
- Actions that are hurtful to minors,
- Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
- Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.
We may fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.
We do not prescreen information submitted by users of the Site (“Submission”). The Site retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by the Site to violate the Agreement. The Site will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.
To submit information to the Site, each user must have a unique username and password combination, Your are granted permission to create one single unique username for your lifetime. You here-by agree that any attempt to create additional usernames is in violation of these Terms and Conditions and agree to a charge of $15,000 US Dollars for each attempted violation of this policy.
You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By submitting, displaying or posting content on the Site, you hereby grant us a nonexclusive global license to reproduce, publish, modify, and distribute the content submitted by you to the Site. You also grant the Site global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on the Site.
The Site claims no ownership over any content submitted, posted or displayed by you on the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or the Site and you are responsible for protecting those rights, as appropriate.
The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information about parental controls is available from Google or popular aftermarket providers such as NetNanny
Use of the Site is Granted only to person(s) of legal driving age in your state or country of residence.
You agree that the Site has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Site. The Site retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site’s services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
DISCLAIMERS AND LIMITATION OF LIABILITY
You understand and agree that the Site is provided “As-Is” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
COPYRIGHT INFRINGEMENT (DMCA POLICY)
The Digital Millennium Copyright Act 17 U.S.C. Section 512 (“DMCA”) provides a legal procedure by which you can request that the operators of the Site take-down your copyrighted work(s) appearing on the Site without your permission. This procedure requires that You send a written DMCA Notice of Alleged Infringement (“Infringement Notice”), as specified under the DMCA and as set forth below, to our designated agent for notice of copyright infringement (“Designated Agent”).
If You are a copyright owner, or are authorized to act on behalf of a copyright owner, and You believe that copyrights are being infringed upon in connection with any content (“Content”) displayed on the Site, please contact our Designated Agent in writing with the information set forth in the Infringement Notice Content section below, as follows: [email protected]
Please use the following subject line: “Notice of Infringement.”
This Policy follows the procedures provided in the DMCA, which prescribes a notice and take-down procedure, subject to the registered user’s right to submit a counternotification claiming lawful use of any disabled Content. In the event any of the provisions in our policy conflict with any applicable requirements under the DMCA then the requirements under the DMCA shall supersede and control and the hereby incorporated into this policy by reference. If we are notified of any claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing the Content or disabling access to the Content that is the subject of the alleged infringing activity.
Infringement Notice Content: If You believe that any Content appearing on this Site constitutes copyright infringement, you must submit the following information to us in writing consistent with the DMCA: 1) an electronic or physical signature of any person authorized to act on behalf of the owner of the protected interest; 2) a brief description of the copyrighted work that You claim has or is being infringed upon; 3) a description of the location on the Site where any allegedly infringing Content may appear, including the URLs of web pages and/or hyperlinks; 4) Your address, telephone number, and email address; 5) a statement by You stating that You have a good faith belief that the infringing use is unauthorized; 6) a statement by You, under penalty of perjury, that the information contained in any notice to us pursuant to this Policy is accurate and that affirms that You are the copyright owner, or that You are authorized to act on behalf of the copyright owner(s).
Disputing Claims of Infringement: You may protest any alleged claim of infringement pursuant to any DMCA by submitting a countenotification as described below. Anyone who has posted Content that allegedly infringes a copyright may send our Designated Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Agent receives your counter notice, the Designated Agent may, in its/his/her sole discretion, reinstate the alleged infringing materials not less than 10 nor more than 14 calendar days after it receives the counter-notification, unless our Designated Agent receives notice from the claimant that they have filed a legal action to restrain the allegedly infringing activity. In some cases, where the infringement is done knowingly, we reserve the right, in our sole discretion, to terminate the user account of any user who has submitted/posted infringing Content. This decision will be based upon the facts and circumstances surrounding each instance of infringement. We will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by our Designated Agent.
In order to send a proper Counter-Notification, You must send a written notification to our Designated Agent including the following information:
- Identification of any Content that has been removed or to which access has been disabled on our Site and the location which the Content appeared before it was removed or access to it was disabled;
- State, under penalty of perjury, that You have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Provide Your name, address, telephone number and email address;
- State that You consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which You may be found, and You will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.
False or Misleading Notices: We shall determine the sole manner in which we decide to treat any non-compliant notices in whatever manner appears to be reasonable given the facts and circumstances presented. Any claimant or user who submits a DMCA Notice, Counter-Notification or any other notice which contains any false or materially misleading information will automatically forfeit any rights under this Policy and such notice shall be considered null and void by us.
Notice to our Site Users: Pursuant to our Content Submission Policy, you are required to use only lawfully acquired creative works as Content and your user account on this Site may be disabled and/or terminated upon receipt of any Infringement Notice that indicates that infringing material has been submitted or posted by You. However, You are afforded the opportunity to provide a response to any alleged claims of infringement, as set forth above. We will reinstate any allegedly infringing Content and/or reinstate access to your account on this Site within a reasonable amount of time in the event we determine that reinstatement of the Content is warranted pursuant to the terms of this Policy.
Repeat Infringers: If any of our Site users violate this Policy or our Content Submission Policy more than once, such users’ account/membership will be subject to immediate termination. If you believe that any user of this Site is a repeat infringer, please contact our Designated Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Merits of Claims of Infringement: You acknowledge and understand that we and/or our Designated Agent are not responsible for determining the merits of any claims of infringement of the Content submitted on this Site. We do not make any determinations based upon our interpretation of any relevant copyright or trademark laws or otherwise. We only respond to any claims of infringement according to the DMCA and according to this Policy as a “service provider” within the meaning of the DMCA. Any determination to take down or reinstate any alleged infringing Content is strictly based upon the procedures set forth in this Policy only.
TRADEMARK/SERVICE MARK POLICY
If You believe that any Content appearing on this Site constitutes trademark or service mark infringement, you must provide us with the same information in writing consistent with our DMCA Policy set forth above, except that all copyright information shall relate to the trademark or service mark instead.
You agree that, in the event we receive a written “Cease and Desist” letter or other demand (“Notice”) alleging that any Content You have posted to this Site infringes upon, dilutes, tarnishes or otherwise violates the trademark/service mark rights of any third parties, we may in our sole discretion, remove or disable access to such Content until we receives either:
a. Written confirmation from the party sending such Notice that the Notice is withdrawn or has been resolved; or
b. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by us in our sole discretion and which we may reject for any reason without penalty or liability to You. In order for us to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
- The information set forth in our DMCA Policy above for a valid Counter-Notification, except that all copyright information shall relate to the trademark/service mark instead; and
- An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold us harmless from any damages, costs, or expenses that we may incur, in any manner whatsoever, arising out of or in connection with the disputed Content and/or our restoration thereof.
As a condition of being permitted to post Content onto our Site, You acknowledge and agree that:
- We are not under any obligation to restore access to any Content even if You provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at our sole discretion;
- You expressly waive and disclaim any claim or potential claim against us related to or arising out of our removal of or disabling of access to any Content in response to a Notice, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
- The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of Intellectual property rights, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon us any of the obligations imposed under the DMCA whatsoever.