Hosted Forum Terms of Service and Terms of Use

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Bob Hubbard

MT Mentor
Founding Member
Lifetime Supporting Member
MTS Alumni
Aug 4, 2001
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Land of the Free
Hosted Forum Terms of Service and Terms of Use

1 Accepting the Terms of Service:
By creating a board or using an Owner Account, you agree to be bound by these terms and conditions as well as the Terms of Use at all times and to any changes made to these terms thereafter.

2 Accepting the Terms of Use:
By visiting or using any page, you agree to be bound by these terms and conditions at all times and to any changes made to these terms thereafter.

3 The Service:
This service is provided as-is with no guarantees for fitness for a particular use, usability, or availability. There are no limits on the quantity of posts or members.

4 Content:
Your board must be in English. MartialTalk does not guarantee that Content will be protected from loss, deletion, removal, or damage.

4.1 Prohibited Content:
A board may not contain posts, uploads, links to, or send via email any Content that contains, promotes, gives instruction about, or provides prohibited Content. As the creator of a board, you are responsible for ensuring that no prohibited Content exists on your board and that no part of your board violates the Terms of Service. Prohibited Content includes any Content that breaks any local, state, county, national or international law. Prohibited Content also includes:
(a) Content that infringes upon any rights (including, but not limited to, copyrights and trademarks);
(b) Abusive, threatening, defamatory, racist, or obscene Content;
(c) Viruses or any other harmful computer software;
(d) False information or libel;
(e) Spam, chain letters, or pyramid schemes;
(f) Gambling or Illicit drugs;
(g) Terrorism;
(h) Hacking or cheating for internet/online games;
(i) Warez, Roms, CD-Keys, Cracks, Passwords, or Serial Numbers;
(j) Pornography, nudity, or sexual material of any kind;
(k) Excessive profanity;
(l) Content that is invasive of privacy or impersonation of any person/entity; and
(m) Hacking materials or information.
Repeat copyright infringers will have access terminated.

4.2 Limited Content:
(a) Prohibited Content may not be transmitted to MartialTalk; and
(b) The format, quantity, and size of uploaded files and posts may be limited.

4.3 Content Screening:
MartialTalk does not preview any Content transmitted but reserves the right to check any board for prohibited content. MartialTalk has the right to access any board and its related Content and delete, edit, or restrict access to any Content. You agree that MartialTalk may disclose any Content to:
(a) Fulfill what is required by law or is needed to comply with legal processes;
(b) To prove a violation of these terms; or
(c) To protect the rights (including copyrights), property, or personal safety of anyone. You understand and agree that any Content posted on MartialTalk is the responsibility of the person who posted the Content and the board creator. You agree that MartialTalk is not responsible for and does not control or endorse Content posted to the Service or available through the Service. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of Content viewed on MartialTalk. MartialTalk is not responsible for any problems that may occur from reading, distributing, acting on, or using Content posted on MartialTalk.

4.4 Rights to Posted Content:
Any content uploaded or posted to MartialTalk may be displayed on a board by MartialTalk. You grant MartialTalk the right to display and store the Content you provide.

4.5 Advertising Content:
You may not place the following forms of advertising on your:
(a) Content-targeted Advertising;
(b) Advertising that mimics or copies the look of AdSense advertising;
(c) Pop-ups for downloads or that interfere with navigation of the board.
Any other type of advertising is allowed.

5 Prohibited Behavior:
Users may not:
(a) interfere with MartialTalk's servers or software.
(b) attempt to access any restricted area that they do not have access to: this includes private forums, password protected forums, accounts of MartialTalk staff or other members, Control Panels, or any board's Admin CP.
(c) post harmful or disruptive html/javascript.
(d) reproduce, distribute, or publish Content posted by other users without the prior permission of the owner.
(e) hotlink images from other websites without proper permission.
(f) abuse the report system by sending in false reports or flooding the system with duplicate reports.
(g) abuse the support ticket system by flooding the system with tickets.
(h )impersonate any person or entity, including, but not limited to, a MartialTalk official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) Associate MartialTalk and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
(j) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(k) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
(l) "Stalk" or otherwise harass another;
(m) Collect or store personal data about other users;
(n) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(o) Disobey any MartialTalk staff or representative or interfere with any action by any MartialTalk staff or representative to redress any violation of these Terms of Service;

Excessive hot linking by sites is prohibited.

6 Enforcement of Terms of Service and Terms of Use:
MartialTalk has the right to access any area of any board. MartialTalk may edit, delete, or restrict access to any Content/account/board or services as enforcement Terms of Service.

7 Termination of the Service:
You agree that MartialTalk may delete your board or your account on any MartialTalk board. MartialTalk may ban your email address, username, IP Address or remove/change any Content from any board or from your account without notice or compensation. Your account or board may be deleted for any violation of the MartialTalk Terms of Service or for any reason deemed necessary. MartialTalk may not explain why your account/board/Content was deleted or edited.

8 Disclaimer of Warranties:
You agree and understand that:
(a)Your use of any MartialTalk service is at your own risk. MartialTalk is provided as-is. MartialTalk disclaims all warranties of any kind, whether express or implied, including, but not limited to, fitness for a particular purpose;
(b)MartialTalk makes no warranty that:
(1) The Service will fit your needs and requirements;
(2) The Service will be secure, error-free or uninterrupted;
(3) The information acquired by using MartialTalk will be accurate;
(c) Any Content obtained through the use of MartialTalk is used solely at your own risk and only you will be responsible for any damage that results from obtaining, following, or using any Content.

9 Limitation of Liability:
You understand and agree that MartialTalk will not be liable for any damages, direct or indirect, resulting from use and/or inability to use the Service.

10 Exclusions And Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or liability for damages so some of Section eight (8) may not apply to you. However, you use MartialTalk 's Service at your own risk.

11 Legal Disputes:
These Terms of Service and your account with MartialTalk will be over-seen by the laws of The United States of America. You agree that these Terms of Service are under the jurisdiction of the State of New York. You agree any legal filings or lawsuits must be filed in the State of New York, County of Erie.

12 Modification of the Terms of Service:
MartialTalk reserves the right to change these terms at any time. All changes will be effective at the time they are posted. Your continued use of MartialTalk will constitute your acceptance of any modifications made.

13 Enforcing the Terms of Service and Terms of Use:
MartialTalk 's failure to enforce any part of these Terms of Service will not be seen as a waiver of any term or condition for any user.

14 Prohibited Behavior:
(a) You may not remove/hide/alter any advertising on MartialTalk.
(b) You must pick a secure password and take reasonable measures to protect your account.
(c) Your board can not contain harmful or disruptive html/javascript.
(d) You may not send spam messages promoting your board.
(e) Test boards must be set so they are not displayed in the directory.
(f) Excessive hot linking is prohibited.
(g) Your board may not hotlink images from other websites without proper permission.
(h) Attempting a charge back or disputing a payment for which your board has received and/or used the service may result board closure.

15 Resale of the Service:
You agree not to sell any part of the Service or access to the Service.

16 Board Ownership:
The user that registers a board is considered the owner of the board. Ownership can be transferred to another user by providing the login information to the Owner Account. When the login information is given to another user you must provide a link to these Terms of Service. Only the Owner Account is considered the owner of a board with full privileges.


You agree to indemnify and hold MartialTalk and its subsidiaries, affiliates, volunteers, and employees harmless from any demand made by anyone due to the Content you post to the Service, your use of the Service, or your violation of any law or these Terms of Service. Any claim arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after the cause arose or be forever barred.

As forum owner you have full legal responsibly for the content of your forum. MartialTalk is acting solely as host service provider.

We reserve the right to change these terms and conditions
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