Modified July 9, 2013 - Updated Section 8
Terms of Service
By using or accessing TheForumSite.com, or any subdomain thereof (the "Site
"), or by using any of the services provided by the Site, you agree to be bound by these Terms of Service ("Terms
of Funky Llama Productions LLC ("TheForumSite.com
" or "Funky Llama Productions
"). Collectively these are referred to as the "Agreement
." If you do not agree to the terms of this Agreement you may not use or access the Site or the Services.
TheForumSite.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice. TheForumSite.com may delete or disable your account at any time and for any reason (or no reason) at its sole discretion without notice. Interpretation and enforcement of these rules is at the discretion of TheForumSite.com staff or moderators. In the case where US laws conflict with international laws, US law shall prevail.
1. Description of the Services
TheForumSite.com provides its users the ability to post without limitation text, writing, stories, poetry, essays and images that are owned by users of TheForumSite.com or to which they have any necessary rights ("User Content
"), and to engage in both private and public discussions and interactions.
Though the Site and Services are normally available, at times the Site or Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment and telecommunications links beyond the control of TheForumSite.com. TheForumSite.com reserves the right to delete any Content for any reason without notice. Some deleted content may be stored by Funky Llama Productions to meet legal obligations. TheForumSite.com recommends that you keep a backup of your User Content.
2. Age Requirements
Users of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by TheForumSite.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately Contact Us
with details of the account.
3. Member Conduct
Pursuant to this Agreement, you agree not to:
- Upload, post, email, link to or otherwise transmit any content that is illegal.
- Invade another user's privacy. This includes revealing another user's password, phone number, address or any other personally identifiable information.
- Create member names, or post or send messages that denigrate, threaten, abuse or harm others on the basis of race, culture, religion, sexual orientation, nationality or gender.
- Make personal attacks against other members. This includes name-calling.
- Use excessive profanity
- Harass, stalk or send unwanted messages (to) other members.
- Transmit, solicit, link to, or post extremely sexually explicit messages, text or photographs.
- Impersonate another user or staff.
- Promote violence or link to sites that promote violence or post/link to any site that contains graphic violent content.
- Post or send messages that tell other members how to potentially harm themselves or others.
- Transmit unsolicited messages that advertise or link to businesses, sites, programs or other unauthorized commercial ventures. This includes junk mail, spam, bulk mailings, unauthorized promotional materials and pyramid schemes.
- Forge headers or otherwise change identifiers in order to disguise the origin of any content transmitted through our service.
- Upload, post, email or otherwise transmit any content that they do not have a right to transmit under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.
- Transmit anything that violates any patent, trademark, copyright or other proprietary rights of another party.
- Upload, post, email, fax or otherwise transmit material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment.
- Interfere with the site's servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to TFS.
- Intentionally or unintentionally violate any applicable local, state, national or international criminal law.
- Post or link to material that is adult or mature in nature.
- Create multiple accounts for the purpose of 'getting around' a ban. Violations of this rule will result in fees of ten thousand US dollars ($10,000 USD) per violation.
- Troll, spam or otherwise engage in conduct that The Forum Site or its moderators deem undesirable or unwanted.
- Post or promote material that is intended to disrupt the Forum Site or generate discontent among its members.
- Abuse the 'report post' feature, or use it in a way such as to cause problems to someone with whom you have a dispute.
- Repeatedly and publicly call into question the decisions of The Forum Site moderators and administrators.
- Complain to one moderator about another moderator. If you have an issue with a moderator and are unable to resolve it with them directly, contact an administrator or el_tino.
- Complain about not receiving a "warning" or "notice" before being punched and/or banned. This Terms of Service serves as your warning.
- Stalk or threaten other members from within or outside The Forum Site.
- Repeatedly and publicly accuse other members of being "sock puppets" or having multiple identities on the forum site without checking with a moderator.
- Do not post: Lewd or provocative images, Crude or indecent language, including adult stories, Sexual tips or advice, Sexual fetish sites (e.g. foot fetish content), Adult toys or products, links to external sites containing adult content
- Do not post or link to fight videos.
- You have the right to call anyone an idiot who compares anyone to Nazis unless the person or group being compared to Nazis are killing people.
- Constantly annoy the moderators. If the moderators find you are continually causing them more work or grief because you don't play well with others you may be banned.
- Post stuff that doesn't make sense/is basically unintelligible. If people don't understand what you're talking about most the time or you post stuff that is blatantly false you may be punched and/or banned.
Rules regarding namecalling and personal attacks may be
enforced less strictly in the Politics forum and its subforums. Political discussions obviously get heated, if you can't handle that, stay out.
3-1 Journals comments & Photo Comments
When someone posts in your journal or comments on one of your photos, they are essentially entering your "space".
As such, you have the right to speak to this person in a more frank manner than may be allowed in the rest of the forums. Specifically, the prohibitions on name-calling, "rudeness" and basically anything else that might hurt someone's feelings do not apply.
Conversely, when you are posting in someone's journal, recognize that it is considered their personal space and they may react differently than if you were
posting in the rest of the forum. Creating new journal entries to "call out" another TFS member is still prohibited. This section only applies when someone replies within one of your journals or on one of your uploaded pictures.
3-2 Designated TFS+ forums
Certain forums may be designated as TFS+ or "lenient". This does not mean that anything is permitted. The following guidelines apply to any forum designated as TFS+. In the case where there is a discrepancy between section 3 above and these guidelines, these guidelines shall prevail for TFS+ forums.
- Name calling, flaming, baiting, arguing and rudeness are all allowed.
- Doing any of the above to someone not actively participating in a particular discussion is prohibited. NO EXCEPTIONS.
- Posting/linking, without limitation, any nudity, threats, adult content, illegal content, violent content, and the like is prohibited.
- Any argument whatsoever that "spills over" into the regular forums will result in the IMMEDIATE loss of your posting privileges for any and all "TFS+" forums.
- By posting in any forum designated as "TFS+", you agree not to whine, complain, bitch and moan or otherwise pester TFS staff or moderators with any interpersonal problems that may arise as a result of your posting in said forum. You do it at your own risk.
4. Spam and unauthorized access
If you use the Service to transmit any unsolicited commercial messages you agree to pay a fine of $500 per message to Funky Llama Productions. Funky Llama Productions may suspend your access to the Site at any time for any reason (or no reason). It is a violation of the terms of this agreement to use anonymous proxies or other technical means to avoid detection or circumvent controls, and the use of such is considered unauthorized access of TheForumSite.com and its servers.
5. Submissions & License
TheForumSite.com does not claim ownership to your User Content. By posting or submitting User Content to TheForumSite.com, you grant TheForumSite.com the non-exclusive, transferrable, worldwide right to use, transmit, reproduce, sub-license, create derivative works from, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere for the purpose of providing the Service. TFS will only create derivative works from, modify, or adapt your User Content to the extent necessary to provide the Service. You can cancel this license at any time by removing your User Content from the Site. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Funky Llama Productions this license.
6. Disclaimer of Warranty and Limitation of Liability
FUNKY LLAMA PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FUNKY LLAMA PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. FUNKY LLAMA PRODUCTIONS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNKY LLAMA PRODUCTIONS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, FUNKY LLAMA PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FUNKY LLAMA PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FUNKY LLAMA PRODUCTIONS' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO FUNKY LLAMA PRODUCTIONS PURSUANT TO THIS AGREEMENT.
You agree to defend, indemnify, and hold harmless TheForumSite.com and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement
This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in federal or state courts located in Bernalillo County, New Mexico. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
9. Copyright Infringement
We accept notifications of alleged copyright violations in accordance with the Digital Millenium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/
Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages (incuding costs and attorney fees -- see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
We require the following information in order to respond to your request:
- Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html)
- Identify the material that you claim is infringing the copyrighted work listed in #1. Include relevant URL's that will allow us to identify the work.
- Your address, telephone number, and email address
- Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"
- Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the notification (Type your full name to sign it electronically if submitted via email).
- Send the notification to our agent at firstname.lastname@example.org