TERMS AND CONDITIONS OF USE
By accessing our sites you accept, without limitation or qualification, the following Terms. Please keep in mind we never delete user accounts! This ruins the integrity of the forum. You are authorized to use these sites and its services only if you agree to abide by these Terms and all applicable laws. If you do NOT accept the Terms, then please discontinue your use of the sites immediately. These terms may be modified at any time. All modifications shall be effective upon posting on the sites and such posting will serve as notice of the modifications. You agree to be bound to any changes to these Terms when you use the Sites after any such modification is posted. You are responsible for the review of these Terms regularly to ensure that you are updated as to any changes made. These Terms constitute the entire agreement regarding your use of the Sites and the services it offers and supersede any such prior terms. Your access to the Sites may be terminated immediately in Congregate Media, LP’s 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 the Sites or its contents for any commercial purpose; Access, monitor or copy any content or information of this Websites 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; or use any method available to incorporate any part of this Sites into any other websites without our prior written permission.
Content on the Sites
All material on the Sites are 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 Sites. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe rights of third parties not owned by us or affiliated with these Sites. The Sites 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 Sites or others (“Post” or “Postings”). 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. Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Sites. 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 Sites. 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; 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 Sites. We will fully cooperate with any law enforcement authorities or court order requesting or directing the Sites to disclose the identity of anyone posting any such information or materials.
You represent and warrant that you own the content posted by you on or through the Sites or that you otherwise have the right to post or grant the license set forth below. You also represent and warrant that the posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You expressly agree that all material posted by you or other users may be removed at the sole discretion of Congregate Media, LP. Furthermore, if Congregate Media, LP exercises its sole discretion to terminate your access to the Sites, with or without notice, for your failure to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason, Congregate Media, LP will determine whether or not to remove any materials posted by you or any other users. By displaying or posting content on the Sites, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Sites. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Sites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted within the Sites, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Sites. Neither Congregate Media, LP or its staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Sites or for any results obtained from the use of such information or advice. Congregate Media, LP 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 Sites.
The Sites may provide links to other websites or resources. Congregate Media, LP has no control over such sites and resources. Therefore you acknowledge and agree that Congregate Media, LP is not responsible for the availability of such external sites and resources, and does 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 Congregate Media, LP 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 sites or resource.
Children Online Protection Act Notification
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 identifying current providers of such protections is available at the American Links Up web sites, http://www.netparents.org.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your license to use the Sites if we determine in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
Congregate Media, LP
Providence Village TX 76227
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online sites are covered by a single notification, a representative list of such works at that sites. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address. E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
You agree to indemnify and hold Congregate Media, LP, and its 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 Sites or through the Sites’ services, or by your violation of these Terms, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the Sites are provided “As-Is” and that Congregate Media, LP assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Sites. Nor does Congregate Media, LP 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 SITES OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN NO EVENT SHALL THE SITES 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 SITES 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 Sites or its Services, you agree that the dispute shall be governed by the laws of the State of Indiana, 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 Indiana, City of Indianapolis. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Indiana with respect to such matters. We make no representation that materials on the Sites 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 Sites 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 are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Congregate Media Copyright 2017