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You-fic.net Forums - Terms of Service for Site and Forum

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the ´Site´). This Site at YOU-FIC.NET is fully controlled and operated by One Amahira and Raynovac ("YOU-FIC.NET"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms of use of YOU-FIC.NET. If you do not agree with all of the following terms of use, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on January 09, 2011.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the ´Material´) are the property of YOU-FIC.NET and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. YOU-FIC.NET hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of YOU-FIC.NET. Use of YOU-FIC.NET and/or its licensors´ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

ELIGIBILITY OF REGISTERED USERS

In order to enjoy certain interactive services on YOU-FIC.NET, we require users to register as a member. By registering, you represent and warrant to us that (a) you are age thirteen or older at the time of registration; (b) all registration information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information. You are solely responsible for any and all use of your account and for keeping your registration information current and confidential, and you agree to notify us immediately if you suspect any unauthorized use of your account.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN ´AS IS´ AND ´AS AVAILABLE´ BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU-FIC.NET is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU-FIC.NET, ITS PARENT(S), AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY YOU-FIC.NET OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall YOU-FIC.NET´s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement by YOU-FIC.NET, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites and YOU-FIC.NET does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, YOU-FIC.NET is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither YOU-FIC.NET nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, YOU-FIC.NET will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

USER GENERATED CONTENT

The appearance of user generated content does not constitute endorsement by YOU-FIC.NET, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by users and YOU-FIC.NET does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the user generated content.

When you submit content to YOU-FIC.NET, you grant the Site and its administrator(s) a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, distribute, transmit, and publicly display such content.

You agree to adhere to the following guidelines for posting content to your account:
  1. All content posted to YOU-FIC.NET in any way, is the responsibility and property of the author. YOU-FIC.NET is not responsible for the monitoring or filtering of any content. Within the confines of international and local law, YOU-FIC.NET will generally not place a limit on the type or appropriateness of user content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the Site. Should content be deemed illegal by such law having jurisdiction over the user, you agree that YOU-FIC.NET may submit all necessary information to, and cooperate with, the proper authorities;
  2. Should any content that you have authored be reported to YOU-FIC.NET as being offensive or inappropriate, YOU-FIC.NET might call upon you to retract, modify the content in question within a reasonable amount of time, as determined by the YOU-FIC.NET staff. Should you fail to meet such a request from YOU-FIC.NET staff, YOU-FIC.NET may terminate your account. YOU-FIC.NET, however, is under no obligation to restrict or monitor content in any way;
  3. YOU-FIC.NET claims no ownership or control over any content posted by its users. The author retains all patent, trademarks, and copyright to all content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the YOU-FIC.NET staff in protecting such content. The user posting any content represents that it has all rights necessary to post such content (and for YOU-FIC.NET to serve such content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;
  4. YOU-FIC.NET reserves the right, without limitation except by law, to serve any user content on the web, through the downloadable clients and otherwise.
  5. You acknowledge that YOU-FIC.NET does not pre-screen content, but that YOU-FIC.NET and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any content that is available through the Site. Without limiting the foregoing, YOU-FIC.NET and its designates shall have the right, but not the obligation, to remove any content that violates the Terms of Service or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. 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. Furthermore, YOU-FIC.NET reserves the right to limit access to your account, if found in violation of the Terms of Service, including without limitation the prohibited content described below, by removing the account and related user information from the member directory, search engine, and all other methods used in conjunction with finding YOU-FIC.NET´s users.

You agree to NOT use the Site to:
  1. Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another´s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    1. Obscene material includes, but not limited to pornographic images or videos, sexually explicit materials featuring minors, and graphic descriptions of nonconsensual sexual acts.
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a YOU-FIC.NET staff members or volunteers, or falsely state or otherwise misrepresent your affiliation with YOU-FIC.NET or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  5. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. Upload, post or otherwise transmit 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;
  9. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  11. "Stalk" or otherwise harass another person or company;
  12. Collect or store personal data about other users for business purposes;
  13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  14. Use YOU-FIC.NET as a forwarding service to another website;
  15. Allow usage by others in such a way as to violate YOU-FIC.NET´s Terms of Service;
  16. Engage in commercial activities within YOU-FIC.NET or on behalf of YOU-FIC.NET without prior approval. This includes, but is not limited to, the following activities:
    1. Displaying a banner that is designed to profit you or any other business or organization; and
    2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
    3. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
  17. Exceed the scope of the Site that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people´s entries or other content when you have not been granted the privileges to do so.
  18. Make excessive or otherwise harmful automated use of the system.

If YOU-FIC.NET determines, in its sole and absolute discretion, that any user is in violation of the Terms of Service, YOU-FIC.NET retains the right to terminate such user´s account at any time without prior notice.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, YOU-FIC.NET, its parent(s), affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys´ fees, resulting from any violation of this agreement by you. YOU-FIC.NET reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with YOU-FIC.NET in asserting any available defenses.


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