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FerrariChat.com Terms of Use
FerrariChat.com's Bulletin Board is
a subscribed service provided to users of FerrariChat.com's web site. By
accepting these terms of use and posting a message on the FerrariChat.com
Bulletin Board, you agree to be bound by the following terms and conditions. If
you do not wish to be bound by these terms, then please do not accept these
terms or use the FerrariChat.com Bulletin Board.
You understand that all messages
appearing here are the sole responsibility of those persons posting the message.
This means that you, and not FerrariChat.com, are entirely responsible for all
information and material that you post on the FerrariChat.com Bulletin Board.
FerrariChat.com does not control the content of any messages posted on
FerrariChat.com Bulletin Board and does not guarantee the accuracy, integrity or
quality of anything on the FerrariChat.com Bulletin Board or any products or
services that may appear here. Under no circumstances will FerrariChat.com be
liable for any errors or omissions in any postings or for any loss or damages of
any kind incurred as a result of the use of any information contained in the
FerrariChat.com Bulletin Board.
You agree not to do any of the
following while using the FerrariChat.com Bulletin Board:
1.
transmit any message,
information, data, text or other materials ("Content") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, that may be invasive of another's privacy, hateful, racially,
ethnically or otherwise objectionable;
2.
impersonate any person
or entity, including but not limited to, FerrariChat.com’s moderator, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
3.
post or transmit any
software or graphic files on the FerrariChat.com's Bulletin Board or transmit
any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as nondisclosure agreements);
4.
post or transmit any
unsolicited advertising, promotional materials, "junk mail", "spam", "chain
letters", "pyramid schemes", or any other form of solicitation in the FerrariChat.com's
Bulletin Board;
5.
intentionally or
unintentionally violate any applicable local, state, national or international
law, and any regulations having the force of law while using or accessing the
FerrariChat.com Bulletin Board; and
6.
upload or transmit any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party. By submitting Content to FerrariChat.com's
Bulletin Board, you automatically grant, (or warrant that the owner of such
Content has expressly granted) FerrariChat.com the royalty-free, perpetual,
assignable and sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display 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.
FerrariChat.com and its designees
shall have the right in their sole discretion to edit, refuse to post, or remove
any Content posted on the FerrariChat.com's Bulletin Boards and to move Content
to other areas of the FerrariChat.com Bulletin Board. Without limiting the
foregoing, FerrariChat.com and its designees shall have the right to remove any
Content that is in violation of the provisions hereof or otherwise
objectionable. You agree to indemnify and hold FerrariChat.com harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your violation of these terms and conditions or your
violation of any rights of another.
COPYRIGHTED MATERIAL:
Message boards sometimes contain
material in which users share material they have copied electronically from
other sources. Because there are many thousands of possible sources spread out
across the Internet, e.g., newspapers, scientific journals and bulletin boards,
it is impossible to determine if any message on the FerrariChat.com's Bulletin
Board infringes the copyright of another party. If you believe that your work
has been copied in a way that constitutes copyright infringement, please notify
FerrariChat.com so the situation can be promptly addressed.
Notification Instructions…
1. The notice must be in writing
and addressed to FerrariChat.com as follows: “Copyright Infringement Notice”
Please e-mail to
admin@ferrarichat.com.
2. It must contain a physical or
electronic signature of the person authorized to act on behalf of the copyright
owner of the work allegedly infringed.
3. The notice must identify the
work or works allegedly infringed.
4. As well as identifying the
material which is allegedly infringing with some specific information about
where the infringing material is located on the site.
5. The complaining party must
provide contact info, such as an address, phone number and, if possible email
address.
6. The notice should state that the
complaint is based on a good faith belief that the use of the material
complained of is not authorized by the copyright owner, its agent or the law.
7. The notice must be made under
penalty of perjury, and state that it is accurate, and that the complaining
party is authorized to act on behalf of the copyright owner of the exclusive
right(s) allegedly infringed.
Please consult the U.S. Copyright
Act itself before sending any such notice…
http://www.copyright.gov/title17/92chap5.html#512.
FerrariChat.com will not be responsible for erroneous or incomplete
notices, and reserves the right to terminate any account of a user who either
makes a false notice or engages in conduct that appears to constitute copyright
infringement, without limiting the rights or remedies of FerrariChat.com.
PRIVACY:
It is FerrariChat.com's policy to
take reasonable measures to respect the privacy of FerrariChat.com's users.
FerrariChat.com will take reasonable measures not to disclose information about
you or the contents of your communications, other than Content that is publicly
available or accessible via the FerrariChat.com Bulletin Board, except that
FerrariChat.com may do so in the good faith belief that such action is
reasonably necessary (a) to comply with the law; (b) to comply with legal
process; (c) to enforce these terms and conditions; (d) to respond to claims
that any Content violates the rights of third parties; or (e) to protect the
interests of FerrariChat.com or others.
LINKS:
The FerrariChat.com Bulletin Board
may provide and users may include in messages, links to other web sites or
resources. FerrariChat.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. FerrariChat.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on such external sites or resources.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE
FERRARICHAT.COM BULLETIN BOARD IS AT YOUR OWN RISK. FERRARICHAT.COM SHALL NOT
BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON THE FERRARICHAT.COM BULLETIN
BOARD. FERRARICHAT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
FERRARICHAT.COM MAKES NO WARRANTY THAT ANY CONTENT ON THE FERRARICHAT.COM
BULLETIN BOARD WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES FERRARICHAT.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FERRARICHAT.COM BULLETIN
BOARD. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF FERRARICHAT.COM'S BULLETIN BOARD 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.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER
THE APPLICABLE LAW, FERRARICHAT.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR
INABILITY TO USE THE FERRARICHAT.COM BULLETIN BOARD OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE FERRARICHAT.COM
BULLETIN BOARD OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF
FERRARICHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS:
These terms and conditions shall be
governed by and construed in accordance with the laws of the state of Texas,
excluding its conflict of law provisions. You and FerrariChat.com agree to
submit to the personal and exclusive jurisdiction of the courts located within
the state of Texas. The failure of FerrariChat.com to exercise or enforce any
right or provision of these terms and conditions shall not constitute a waiver
of such right or provision. If any provision of these terms and conditions is
found by a court of competent jurisdiction to be invalid, the court should
endeavor to give effect to the intention reflected in the provision, and the
other provisions of these terms and conditions shall remain in full force and
effect. 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 FerrariChat.com
Bulletin Board or these terms and conditions must be filed within one (1) year
after such claim or cause of action arose. The section titles herein are for
convenience only and have no legal or contractual effect. FerrariChat.com
reserves the right to change these terms and conditions at any time and from
time to time.
WHAT TO DO:
If you become aware of any messages
in the FerrariChat.com's Bulletin Board that violate these terms and conditions,
please e-mail the offending person's identification and cut and paste the
relevant content. FerrariChat.com cannot guarantee that any action will be
taken as a result of your email.
Thank You,
FerrariChat.com
admin@ferrarichat.com
