Legal Stuff / Terms of Service

Discussion in 'FAQ' started by Apollo, Sep 22, 2005.

  1. Apollo

    Apollo Administrator

    The Legal Stuff

    By using this site, you signify your assent to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this site.

    This site and the information provided through this server is protected by the copyright laws of the United States of America and other countries. The site as a whole is protected by a compilation copyright owned by Tim Hartman.

    Certain elements of the site are protected by individual copyrights. Except where otherwise noted, these copyrights are owned by, or licensed to, Tim Hartman.

    FMATalk and are trademarks and/or service marks of Tim Hartman and may not be used without advance written permission of Tim Hartman.

    1: Third Party Content.

    We Are A Distributor Of Content Supplied By Third Parties And Users Of The Bulletin Boards. Any Opinions, Advice, Statements, Services, Offers, Or Other Information Or Content Expressed Or Made Available By Third Parties, Or Any Other User Of The Bulletin Boards, Are Those Of The Respective Author(s) Or Distributor(s) And Not Of Us.

    2: Disclaimer Of Warranty
    A. Each User Expressly Agrees That Use Of The Bulletin Boards Is At His Or Her Sole Risk. We Do Not Warrant That The Bulletin Board Will Be Uninterrupted Or Error Free; Nor Do We Make Any Warranty As To The Results That Maybe Obtained From Use Of The Bulletin Board Or As To The Accuracy, Reliability Or Content Of Any Information Provided Through The Bulletin Boards.

    B. The Disclaimer Of Liability Contained In This Section Applies To Any Damages Or Injury Caused By Any Failure Of Performance, Error, Omission, Interruption, Deletion, Defect, Delay In Operation Or Transmission, Computer Virus, Communication Line Failure, Theft Or Destruction Or Unauthorized Access To, Alteration Of, Or Use Of Record, Whether For Breach Of Contract, Tortuous Behavior, Negligence, Or Under Any Other Cause Of Action. Each User Specifically Acknowledges That We Are Not Liable For The Defamatory, Offensive Or Illegal Conduct Of Third Parties, Subscribers, Members Or Other Users Of The Bulletin Boards And That The Risk Of Injury From The Foregoing Rests Entirely With Each User.

    C. In No Event Will We Or Any Person Or Entity Involved In Creating, Producing Or Distributing The Online Services Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages Arising Out Of The Use Of Or Inability To Use The Bulletin Boards Or Out Of The Breach Of Any Warranty. Each User Hereby Acknowledges That The Provisions Of This Section Shall Apply To All Content On The Bulletin Boards.

    D. We Neither Endorse Nor Are Responsible For The Accuracy Or Reliability Of Any Opinion, Advice Or Statement On The Bulletin Boards, Nor For Any Offensive, Defamatory Or Obscene Posting Made On The Bulletin Boards By Anyone Other Than Our Official Spokespersons While Acting In Their Official Capacities. Under No Circumstances Will We Be Liable For Any Loss Or Damage Caused By Reliance On Information Obtained Through Postings On The Bulletin Boards.

    E. We Do Not Endorse, Warrant Or Guarantee Any Product Or Service Offered By A Third Party Through The Bulletin Boards And Will Not Be A Party To Or In Any Way Monitor Any Transaction Between Users And Third Party Providers Of Products Or Services. As With The Purchase Of A Product Or Service Through Any Medium Or In Any Environment, Each User Should Use His Or Her Best Judgment And Exercise Caution Where Appropriate.

    F. Each User Specifically Acknowledges That In No Event Will We, Our Affiliates Nor Any Of Their Respective Employees Or Agents Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages Arising Out Of (i) The Use By Such User Of Any Browser Owned Or Operated By Any Party And/or (ii) The Downloading Of Any Software Owned Or Operated By Any Third Party.

    3: Monitoring.
    We Shall Have The Right, But Not The Obligation, To Monitor The Content Of The Bulletin Boards To Determine Compliance With This Agreement And Any Other Operating Rules Established By Us. We Shall Have The Right In Our Sole Discretion To Edit, Refuse To Post, Or Remove Any Material Submitted To Or Posted On The Bulletin Boards. Without Limiting The Foregoing, We Shall Have The Right To Remove Any Material That We, In Our Sole Discretion, Find To Be In Violation Of The Provisions Hereof, Otherwise Objectionable Or Stale. Notwithstanding This Right, Users Shall Remain Solely Responsible For The Content Of Their Messages. Each User Acknowledges And Agrees That Neither We Nor Any Third Party Content Provider Shall Assume Or Have Any Liability For Any Action Or Inaction By Us Or Any Third Party Content Provider With Respect To Any Conduct, Communication Or Posting On The Bulletin Boards.

    4: License.
    By Posting Communications, User Grants:
    A. To Company: A Royalty-free, Perpetual, Irrevocable Nonexclusive License To Use, Reproduce, Modify, Publish, Translate, Distribute, Perform And Display Those Communications Alone Or As Part Of Other Works In Any Form, Media, Or Technology Whether Now Known Or Hereafter Developed And Sublicense Such Rights Through Multiple Tiers Of Sublicensees.
    B. To Other Users: The Right To Access, View, Store, And Reproduce The Communications For Personal Use.

    5: License Granted by Users' Submissions
    Certain areas of this site, such as Bulletin Board, allow users to submit images and/or text to this site. By submitting such MATERIALS to this site, the user agrees that he or she personally created such materials and owns all rights in the materials, that the materials do not violate the rights of third parties and that the user grants us a license to use the materials as we in our sole discretion, sees fit. The user also assumes the risk that such materials may be copied by others and assumes the risk of, and agrees to indemnify and hold us harmless for, such third-party use of the materials.

    6: Choice of Law and Venue; Miscellaneous
    These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to principles of conflicts of law. Any dispute arising hereunder shall be adjudicated any dispute will be litigated or arbitrated in Erie County, New York, and the user consents to such courts' exercise of personal jurisdiction over him or her by using this site. If any provision of these Terms and Conditions of Use shall be determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the user and FMATalk relating to the subject matter herein and shall not be modified except in writing, signed by both parties. This agreement shall inure to the benefit of all successors and assigns of FMATalk.

    7: Community
    This site is an online community. Like any other community, for it to work best its users must respect the rights and feelings of others. To this end, the users of this site are expected to observe Net etiquette, or Netiquette. Basically, this involves using good judgment and common sense in using this site. Examples of common rules of Netiquette follow: Don't send rude, insulting or obscene messages. Don't copy site content without authorization. Don't send unwanted messages or post messages to the wrong forum. Don't impersonate others. Don't share personal information (telephone numbers, addresses, etc.) with others. Don't use profanity or post lewd, obscene or similar objectionable materials to this site. FMATalk retains the right to delete such materials from this site it its sole discretion, and will temporarily or permanently remove the rights of users to access and/or submit information to this site if warranted in its sole discretion.

    We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Forum/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms & Conditions and rules & policies regularly for any changes.

    8: Entire Understanding.
    This Document Constitutes The Sole Agreement Between And Its Members Regarding Its Forum And The Information Contained Within. By Using The Website Or Its Resources, You Agree To Be Bound By These Terms. This Contract Shall Be Governed And Construed In Accordance With The Laws Of The State Of New York. The Parties Agree That If Any Part, Term, Or Provision Of This Agreement Shall Be Found Illegal Or In Conflict With Any Valid Controlling Law, The Validity Of The Remaining Provisions Shall Not Be Affected Thereby.

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