July 25, 2008
Goofigure

 
Web

Powered byGoogle




Chat and Message Board - Terms and Conditions

This is a free chat and message board site (referred to as "The Site") offered by People's Press Incorporated, hereafter referred to as People's Press. By using The Site, you are agreeing to be bound by, and to comply with, these Terms and Conditions. Please read these Terms and Conditions carefully prior to using The Site. Only if you agree to be bound by these Terms and Conditions should you proceed in using The Site.

Rules

Users may not use The Site to publish, post, distribute, display, or disseminate any images, graphics, information, data, text, files, links, software, chat, message, communication, or other material ("Content") that is unlawful, threatening, harassing, abusive, harmful, libelous, indecent, or obscene. Users may not use The Site to publish, post, distribute, display, or disseminate any Content that contains hate speech, racism, sexism, personal information, or speech of a blatantly sexual or graphically violent nature. Users may not use The Site to stalk individuals. In addition, users may not use The Site to publish, post, distribute, or disseminate any Content that infringes any copyright, trademark, patent, trade secret, publicity, privacy, or other intellectual property right of any third party or that encourages conduct that could violate any applicable law. Nor may users use The Site to publish, post, distribute, or disseminate materials in violation of any fiduciary or contractual obligation, including but not limited to any such obligation contained in a nondisclosure agreement.

By submitting Content to any chat room or message board, you automatically grant, or warrant, that the owner of such Content has expressly granted People's Press the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, sublicense, modify, adapt, publish, translate, create derivative works from, distribute, perform publicly and display publicly such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights, of any nature, that may exist in such Content.

Users may not employ The Site to publish, post, distribute, or disseminate any spam, chain letters, or pyramid schemes. Nor may users provide distribution lists compiled through The Site to anyone without the permission of all persons on any such lists. Under no circumstances may any commercial use be made of any distribution list compiled through The Site or of any database maintained through The Site.

 

Users may not upload files with viruses, corrupted files, or other Content that could damage any computer.

 

Users may not use The Site to sell, purchase, or offer to sell or purchase any registered or unregistered securities.

 

Users may not use The Site to publish, post, disseminate, or distribute any Content that is false, misleading, or designed to manipulate any equity, security, or other market.

 

Users may not intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law, while using or accessing The Site or in connection with your use of The Site in any manner. Without limitation, users may not use The Site in any manner that would violate any regulation of the United States Securities and Exchange Commission, or any regulation of any stock exchange, including but not limited to the New York Stock Exchange, the American Stock Exchange, and the NASDAQ.

 

Users may not use The Site to conduct your own contests.

 

Users may not take any action that disrupts the operation of any chat room, including, without limitations, by causing any screen in any chat room to scroll more quickly than other users are able to type messages on that screen.

 

Users must not disrupt the flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants.

 

Users must provide truthful, accurate, and complete information in registering to use The Site. Users must update that information as needed in order to ensure that the information remains truthful, accurate, and complete.

Users must not impersonate any person, including but not limited to, a People's Press employee, forum leader, guide, host, or volunteer.

Users must obey all People's Press chat hosts or other People's Press officials and must not interfere with any action by any People's Press chat host or other People's Press official to redress any violation of these terms and conditions.

Users may not use any automated means, including spiders, robots, crawlers, or the like to download data from any People's Press database.

Users may not use data obtained from any People's Press database for solicitations, commercial or otherwise.

Users may not use data obtained from any People's Press database as part of a commercial product, service, or content offering.

Users may not sell, or otherwise distribute for profit, any data obtained from any People's Press database. All materials obtained from People's Press are copyrighted and the sole property of People's Press.

Users may not use data from any People's Press database in a manner that could be expected to offend the person for whom the data is relevant.

People's Press reserves the right to terminate any user's account at any time, for any reason or for no reason. In particular, and without limitation, People's Press may terminate the account of any user who violates any of these terms and conditions or of any other user, or of any third party. Once a user's account has been terminated, that user may not access The Site in any manner or for any reason without the express written consent of People's Press, and you cannot assist in enabling a terminated user access to The Site using or via your account.

Users may not incorporate any word in a user name that violates any trademark, service mark, or other propriety right of any third party, including, without limitation, any trademark or service mark of People's Press. People's Press reserves the right to modify The Site from time to time, for any reason or for no reason at all, with or without notice, including the right to terminate The Site.

People's Press does not prescreen or monitor any Content available on or through The Site, although People's Press reserves the right to engage in such prescreening and monitoring, including without limitation the right to edit, refuse to post, or remove any Content. Consequently, you and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. Nonetheless, People's Press shall have the right, but not the responsibility, to remove Content that is deemed in the sole discretion of People's Press to be harmful, offensive, or otherwise in violation of these Terms and Conditions or of any rules People's Press has in place at the time. People's Press may elect at its sole discretion to monitor some, all, or no areas of The Site for adherence to these Terms and Conditions.

People's Press reserves the right to modify these Terms and Conditions from time to time, for any reason or for no reason at all, with or without notice.

People's Press reserves the right to communicate with you regarding The Site.

Privacy

Click here to view our privacy policy.

Disclaimer of Warranties

People's Press disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information, material, or Content in The Site. People's Press disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of chat messages, or chat sessions. People's Press disclaims any responsibility for any harm resulting from downloading or accessing any information or material through The Site.

 

The Site is provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of propriety rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, People's Press disclaims any warranties for other services or goods received through or advertised on The Site, as well as for any information or advice received through The Site or through any links provided in The Site. People's Press similarly disclaims, to the fullest extent permitted by law, any warranties for any information obtained through The Site.

You understand and agree that any Content downloaded or otherwise obtained through the use of The Site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such Content.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability

Under no circumstances shall People's Press be liable to any user on account of that user's use or misuse of or reliance on The Site. Such Limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if People's Press has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on The Site, from inability to use the service, or from the interruption, suspension, or termination of The Site (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods purchased or received through or advertised on The Site or purchased or received through any links provided in The Site, as well as by reason of any information or advice received through or advertised on The Site or received through any links provided in The Site. Such limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked, or related in any way to The Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation of liability may not apply to you.

Under no circumstances shall People's Press be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures,

electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Arbitration, Governing Law, and Forum for Disputes

Unless expressly stated to the contrary elsewhere within The Site, all legal issues arising from or related to the use of The Site shall be construed in accordance with, and all questions with respect thereto shall be determined by the laws of the state of Missouri applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of The Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in St. Louis, Missouri, and judgment on the arbitration award may be entered into in any state or federal court in Missouri having jurisdiction

 

Thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Missouri having jurisdiction thereof. Except as set forth above, the state and federal courts of Missouri shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of The Site. By using The Site and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Missouri with respect to all such disputes.

Indemnity and Release

By using The Site, you agree to indemnify People's Press, and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of The Site. By using The Site you are hereby agreeing to release People's Press and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to The Site. You hereby agree to waive all laws that may limit the efficacy of such release.

Responsibility for Minors

In cases where you have authorized another individual, including a minor, to use your account, you recognize that you are fully responsible for: (I) the online conduct of such user; (II) controlling the user's access to and use of The Site; and (III) the consequences of any misuse. You further recognize that the holder of the account is entirely responsible for activities conducted through such account. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. You agree that any and all users of your account, including all minors, whether authorized or unauthorized, are the sole responsibility of the account holder.

Parental Controls

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. We strongly advise that you pursue these parental controls if there are minors that have access to your account.

Reporting Violations of Terms and Conditions

If you witness chat in a public chat room, or a message in a public message board, that violates these Terms and Conditions, please contact us at People's Press and provide us with the offending person's identification, a description of the content in question, and the name of the chat room or message board, along with the date. People's Press cannot guarantee that any action will be taken as a result of your email. Please refer to these Terms and Conditions from time to time for any updates that we may make.

 

Guidelines for an Enjoyable Chat

· Please keep your conversations to the topic of the room that you are in.

· If another chatter is bothering you, use the Ignore feature so that you will not see any of their posts (future feature)

· Please refrain from excessive flaming, harassment, and making obscene comments to other users. We understand that occasionally it can be playful, and debates are a fact of life.

· Always obey the host, if there is one, and let this individual address any violations of these Terms and Conditions.

· Remember that if you see someone violating these Terms and Conditions, that does not mean that you can violate these Terms and Conditions.

 

Violations of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of People's Press, People's Press reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on The Site. If People's Press should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

 

  

   

"Before you open your mouth to speak, please make sure it's an improvement upon the silence"

 
© Copyright 2000-2007 People's Press, Inc. All Rights Reserved
Privacy Policy | Terms and Conditions | Customer Service