USER AGREEMENT/TERMS OF SERVICE
1. Acceptance of Terms
mygnrforum provides its service to you, subject to the following User Agreement/Terms of Service ("UA/TOS"), which may be updated by us from time to time without notice. You can review the most current version of the UA/TOS at any time at: http://www.mygnrforum.com/public/tos.html
In addition, when using particular mygnrforum services, you and mygnrforum shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the UA/TOS.
2. Description of mygnrforum Service
mygnrforum currently provides users with access to a rich collection of resources, including, various communications tools, forums, and content (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new mygnrforum properties, shall be subject to the UA/TOS. You understand and agree that the Service is provided "AS-IS" and that mygnrforum assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, account information, or content.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or mygnrforum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mygnrforum has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). It is also the sole responsibility of you, the user, to determine whether any of the Services and/or Content (as defined in Section 6 below) are inappropriate for you and any other who may access mygnrforum from web browsing apparatus under your control.
5. Member Account, Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify mygnrforum of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. mygnrforum cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not mygnrforum, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. mygnrforum does not control the Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will mygnrforum be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a mygnrforum official, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as marketplace forums) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in realtime exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or m. collect or store personal data about other users.
You acknowledge that mygnrforum does not pre-screen Content, but that mygnrforum and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, mygnrforum and its designees shall have the right to remove any Content that violates the UA/TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by mygnrforum or submitted to mygnrforum, including without limitation information in mygnrforum discussion forums, mygnrforum chatroom, mygnrforum events and news databases, and in all other parts of the Service.
You acknowledge and agree that mygnrforum may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the UA/TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of mygnrforum, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
7. Considerations for International Use of Services
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold mygnrforum, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the UA/TOS, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. General Practices Regarding Use and Storage
You acknowledge that mygnrforum may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on mygnrforum's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that mygnrforum has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that mygnrforum reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that mygnrforum reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service
mygnrforum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that mygnrforum shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that mygnrforum, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if mygnrforum believes that you have violated or acted inconsistently with the letter or spirit of the UA/TOS. mygnrforum may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this UA/TOS may be effected without prior notice, and acknowledge and agree that mygnrforum may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that mygnrforum shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because mygnrforum has no control over such sites and resources, you acknowledge and agree that mygnrforum is not responsible for the availability of such external sites or 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 mygnrforum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. mygnrforum's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by mygnrforum's or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
mygnrforum grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software to access the mygnrforum Service. You agree not to access the Service by any means other than through the interface that is provided by mygnrforum for use in accessing the Service.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYGNRFORUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYGNRFORUM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYGNRFORUM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE UA/TOS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYGNRFORUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYGNRFORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the UA/TOS or other matters by displaying notices or links to notices to you generally on the Service.
18. Copyrights and Safe Harbor
mygnrforum respects the intellectual property of others, and we ask our users to do the same. To help ensure that, we adhere to the US Safe Harbor privacy principles. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please comply with the DMCA Safe Harbor procedures. For more information about the Safe Harbor framework or our registration, see the Department of Commerce's website.