Last Updated: 1 October, 2010
2. Description of the Services and Software. We may provide users of the Site with access to certain content and services, such as blogging/networking capabilities (such content and services, collectively, the "Services"). We may also make available to users of the Site a variety of software tools that can be used to interact with other Site users (the "Software"). Any Services and Software made available through the Site after the "Last Updated" date will automatically be deemed to be Services and Software for purposes of this Agreement when first made available through the Site.
3. Personal Data or Other Information Submitted Through the Site. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by us in accordance with the Site's . Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
4. Your Use of the Site. Users of the Site are expected to exercise common courtesy and common sense and to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section and all applicable laws, rules and regulations.
You agree not to:
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.
Impersonate any person or entity, including without limitation any Site moderator or any representative of STO or any of its affiliated organizations (the “Affiliated Entities”); falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site.
Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without our express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site or any Software or Service without STO’s express prior written consent.
Create a database by systematically downloading and storing Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site.
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material, non-public information about a company without the proper authorization to do s
5. Forums and Submissions. STO and/or third parties may make available through the Site a variety of interactive services — such as instant messaging functionality, forums, blogs, virtual environments and social networks, through which you are able to display or post information and materials (each, a "Forum"). Any interactive services made available through the Site after the "LAST UPDATED" date above, shall automatically be deemed to be Forums for purposes of this Agreement when they are first made available through the Site.
For any materials you submit through or to a Forum or otherwise through the Site and for any materials you create through your use of the Software or otherwise through the Site (each such submission or creation is hereafter referred to as a "Submission"), you grant STO and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Submission (including without limitation your voice or likeness as embodied in such Submission), in any media now known or hereafter developed, for STO’s and/or the Affiliated Entities' purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of this Agreement for any reason. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission), and that such Submission and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum or otherwise stored in connection with the Site; and (b) we may do one or all of the following, at our discretion, to protect the STO, the Affiliated Entities, and/or their respective employees, officers, directors, members, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Submissions or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site.
Information in our Forums may be provided both by us and by third party visitors to the Site. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of STO or any Affiliated Entity. Please note that other Site visitors may post messages or make statements in the Forums that are inaccurate, misleading, deceptive, or offensive. Neither the STO nor the Affiliated Entities endorse or are responsible for any opinion, advice, information or statements made in the Forums by third parties or for any errors or omissions in Forum postings or links or images embedded in Forum messages or results obtained by using any such information or materials.
In addition, STO has no control over, and STO and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available in a Forum, you do so at your own risk
7. Third Party Web Sites; Links. The Site may provide links to other web sites and online resources, including web sites such as PayPal® that provide a payment method for you to donate funds to the Silent Thunder Order. Because STO has no control over such sites and resources, you acknowledge and agree that neither STO nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, products, services, advertising, or other materials on or available through, or any purchases or donations or other transactions made through, such sites or resources.
It is possible that other web sites will provide links to the Site with or without our authorization. You acknowledge and agree that STO and the Affiliated Entities do not endorse such sites, and are not responsible or liable for any content, products, services, advertising or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
8. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ALL SOFTWARE, SERVICES, PRODUCTS OR MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. STO AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH OR IN CONNECTION WITH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE STO NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, OR RESULTING FROM ANY CONTENT POSTED ON THE SITE BY STO OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
9. Indemnity. You agree to defend, indemnify and hold harmless STO and the Affiliated Entities, and their respective directors, officers, employees, members, agents, and representatives from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site, the Services, or the Software; (b) any violation of this Agreement by you or through your account; or (c) any allegation that any Submission or other materials that you make available or create through the Site, the Services, or the Software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
10. Termination. This Agreement is effective until terminated by ST You agree that STO, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason without prior notice.
11. Jurisdiction. The Site is controlled and operated by the Silent Thunder Order from the United States, and is not intended to subject STO or any Affiliated Entity to the laws or jurisdiction of any territory other than that of the United States. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
12. Miscellaneous. This Agreement and your use of the Site are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, U.S.A., will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning this Agreement and/or the Site or in which this Agreement and/or the Site are a material fact, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that a printed version of this Agreement and of any notice given in electronic form (including without limitation by posting on the Site) shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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