gigantor Posted March 13, 2022 Admin Share Posted March 13, 2022 The Bigfoot Forums Community Terms of Use Last Modified: July 30, 2022 Welcome to the Bigfoot Forums community! The community is made up of Bigfoot Forums users, Director, Administrators, Moderators, Steering Committe Chariman, Steering Committee Members and Staff and serves as a go-to destination for discussions, opinions, sharing of ideas, product reviews, research, pictures, audio, video and data about Bigfoot (aka Sasquatch). We love to see users learn from each other and build their influence and profile on the Bigfoot Forums Community. These Bigfoot Forums Community Terms of Use (“Community TOU”) are the terms that apply to your use of the Bigfoot Forums Community. We hope that these will help ensure the community is valuable to you and serves as a platform where we can all become better together. The Community TOU also protects the interests of all of our members, as well as our goodwill and reputation. These terms are so important that we cannot permit you to use the Bigfoot Forums Community unless you agree to them. By using the Bigfoot Forums Community, you are agreeing to these terms. Every community user of ours agrees to abide by these Community TOU and is responsible for any violations. You are not allowed to engage others in a way that would violate these Community TOU. We will enforce and ensure compliance with this Community TOU by using methods we consider to be appropriate. We reserve the right to modify these Community TOU at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Community TOU as modified. You agree to review the Community TOU on a regular basis and always remain in compliance. 1. Definitions “Agreement” or “Community TOU” means these Bigfoot Forums Community Terms of Use and all materials referred or linked to in here. “Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Bigfoot Forums Community, whether by us or other users of the Bigfoot Forums Community. Community Content does not include Your Content. “Community Guidelines” means the policies applicable to users of the Bigfoot Forums Community which we have published at , or another website we designate. “Bigfoot Forums Community” means the online community accessible at bigfootforums.com. "Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards. "Third-Party Sites" means third-party websites linked from within or accessed through the Bigfoot Forums Community. "Bigfoot Forums", "we", "us" or “our” means the Director, Steering Committee Chairman, Steering Committee Members, Administrators, Moderators and Staff. "You" or "your" means the person or entity using the Bigfoot Forums Community. "Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Bigfoot Forums Community, by you. 2. Access to the Bigfoot Forums Community We will provide you access to use the Bigfoot Forums Community according to the terms of this Agreement. We may use third party service providers to provide some or all elements of the Bigfoot Forums Community. In order to access and use the Bigfoot Forums Community, you may be required to establish a username with a third party service provider, and you grant us the right to share the information necessary to enable your use of the Bigfoot Forums Community with our third party service providers. You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘Bigfoot Forums’ as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of the Bigfoot Forums Community has been breached, compromised, or unauthorized, notify us immediately at contact@bigfootforums.com. The Director, Administrators or Moderators of the Bigfoot Forums can suspend or terminate your access to this community at any time, for any reason, without notice, at their sole discretion. 3. Your Conduct and Content a. Usage Guidelines. You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable website. Your use of the Bigfoot Forums Community is subject to the Community Guidelines, which are incorporated to this Agreement by reference. b. Acceptable Use. You will use the Bigfoot Forums Community for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree. Your Content should typically relate to discussion of bigfoot and related subjects. The Bigfoot Forums Community is meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to the Bigfoot Forums Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the Bigfoot Forums Community. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Bigfoot Forums Community or Community Content. In addition, and without limiting the other requirements in this Community TOU, you may not (directly or indirectly) use the Bigfoot Forums Community with content, or in a manner that: is in violation of this Agreement; is confidential, proprietary or discloses Sensitive Information; discloses the private information of any person; is threatening, abusive, harassing, stalking, or defamatory; is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); contains vulgar, obscene, indecent or unlawful material; infringes a third party's intellectual property right(s); publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; downloads any file that you know, or reasonably should know, cannot be legally distributed in that way; falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded; restricts or inhibits any other user of the Bigfoot Forums Community from using and enjoying our website; harvests or otherwise collects information about others, including e-mail addresses, without their consent; damages, disables, overburdens, or impairs any Bigfoot Forums website or interferes with any other party's use and enjoyment of the Bigfoot Forums Community; mirrors or frames the Bigfoot Forums Community website, or any part of it, on any other website or webpage; attempts to gain unauthorized access to the Bigfoot Forums Community, or access the Bigfoot Forums Community by any means other than through the interface that we provide to you; violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); violates the terms of the Bigfoot Forums's Rules and Guidelines https://bigfootforums.com/topic/80017-rules-and-guidelines; is legally actionable between private parties; and/or is in violation of any applicable law or regulation. c. Suspension and Notice of Violations. We may immediately suspend use of the Bigfoot Forums Community, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content). If you know of usage that is in violation of this Agreement, please let us know by contacting us at contact@bigfootforums.com, and following the process for claims of copyright infringement described below. d. Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on our website, please contact us immediately by sending an email to contact@bigfootforums.com e. Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Bigfoot Forums Community. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant us the rights to re-use Your Content to market and promote Bigfoot Forums on our website, in public or private presentations. 5. Third-Party Sites Third-Party Sites are not under our control. Third-Party Sites are provided to you only as a convenience, and the availability of any Third-Party Site does not mean we endorse or support the Third-Party Site. 6. Privacy Your use of the Bigfoot Forums Community is subject to the Bigfoot Forums's Privacy Policy, available at https://bigfootforums.com/topic/80015-privacy-policy 7. Term and Termination a. Term. This Agreement will apply for as long as you use or maintain a username for the Bigfoot Forums Community. b. Termination and Suspension. We may terminate this Agreement and/or suspend your access to the Bigfoot Forums Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Bigfoot Forums Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the Bigfoot Forums Community after termination. 8. Your Representations and Warranties You represent and warrant that: (i) your participation in the Bigfoot Forums Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Bigfoot Forums Community, and that you are not violating any confidentiality obligations by submitting Your Content to the Bigfoot Forums Community, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right. 9. Indemnification You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our director, administrators, steering committee members, moderators, staff, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Bigfoot Forums Community, (b) your disclosure of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent. 10. Disclaimers; Limitations of Liability a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE BIGFOOT FORUMS PRODUCTS OR SERVICES, THE BIGFOOT FORUMS COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE BIGFOOT FORUMS COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE BIGFOOT FORUMS COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE BIGFOOT FORUMS COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO TEN DOLLARS. d. Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE BIGFOOT FORUMS COMMUNITY TO YOU. 11. General a. Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at https://bigfootforums.com/80016-terms-of-use b. Applicable Law. This Agreement shall be governed by the laws of the State of Maryland without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Baltimore, Maryland. c. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. d. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement. f. Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected. g. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. h. Notices. To us: send Notice to the email address contact@bigfootforums.com. If you believe your copyrighted information has been posted on this forum and wish us to take it down, please send us a takedown notice describing the material in detail, including a link to its location. We prefer to receive takedown notices via email; however, if you must mail them, send to: C/O Bigfoot Forums, 1522 Pointer Ride Pl, Suite B, Bowie, MD 20716. Notice to you: We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. i. Entire Agreement. This Agreement is the entire agreement between us for the Bigfoot Forums Community and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. j. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. k. Community Guidelines. We may change the Community Guidelines from time to time by updating our website. l. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Bigfoot Forums trademarks, or any other property or right of ours. m. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. n. Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’. Link to comment Share on other sites More sharing options...
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