11.1 The Legal Stuff

Discussion in 'Rules and Policies' started by Bob Hubbard, Aug 27, 2005.

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  1. Bob Hubbard

    Bob Hubbard Retired

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    ==============
    THE LEGAL STUFF
    ==============

    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 OFFICAL 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.ENTIRE UNDERSTANDING.
    THIS DOCUMENT CONSTITUTES THE SOLE AGREEMENT BETWEEN MARTIALTALK AND ITS MEMBERS REGARDING ITS FORUM AND THE INFORMATION CONTAINED WITHIN. BY USING THE MARTIALTALK.COM 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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