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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. |
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