The Bullshido.net Terms of Service
I. ACCEPTANCE OF TERMS By clicking the "Submit" button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section XVI below.
II. THE BULLSHIDO.NET SERVICE Bullshido.net is an online application which, among other functions, enables individuals and businesses to join and participate in an online community. You understand and agree that the Service is provided "AS-IS" and that Bullshido.net assumes no responsibility for, among other things, (A) any service outages or interruptions (B) the unavailability of particular boards, features or services, (C) the inability to access the Service, (D) the failure or inability to post materials to the Service, (E) the deletion of materials posted to the Service or (F) the failure to store materials posted to the service.
III. CONTENT ACCESSIBLE ON THE SERVICE Bullshido.net contains a great variety of information, data, messages, directions, computer programs, pictures, videos, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing content. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Bullshido.net is not responsible for, does not control, does not endorse, and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Bullshido.net be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge that Bullshido.net does not pre-screen Content, but agree that Bullshido.net shall have the right (but not the obligation) to access any content, remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Bullshido.net shall have the right to access any content and remove or restrict access to any Content that violates this Agreement or that Bullshido.net believes is otherwise objectionable. You acknowledge and agree that Bullshido.net may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bullshido.net, its users and the public.
IV. LICENSE GRANTED TO BULLSHIDO.NET You grant Bullshido.net the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service.
V. USER CONDUCT You agree to not use the Service to: (A) violate or solicit the violation of any applicable local, state, national or international law; (B) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; (C) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) constitutes sexual material of an obscene nature or that violates local, state or national laws. This includes obscene text, images, videos, sounds, or links to page(s) containing same, either explicitly, or contained in the properties of an otherwise acceptable image; (4) unless otherwise noted, contains nudity, or that clearly shows a sexual situation; (5) contains software viruses, Trojan horses, 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; or (6) you do not have a right to upload or post due to contractual or other legal obligation; (7) is in violation of proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork. Of particular concern is the unauthorized copying, duplication, or transferring of instructional and event video. Do not leave any contact information for yourself in a thread mentioning fight or instructional video tapes or DVDs. Do not post the url of any web site that offers bootleg video, either for sale in videotape or DVD form, or for download. (8) is in violation of privacy rights of others. Private information includes but is not limited to drug use, infidelity, sexual orientation, home address, phone and other contact information, Social Security number, or credit card number; (D) spam or disseminate multiple messages, particularly those promoting any product, service, web site, board or venture, on the Service through unsolicited electronic mail messages to third parties, through posting on a board, through making comments, through uploading video content, or by any other means. The appropriate dissemination of information about your service or product is allowed with any professional membership. If your efforts are charitable, no professional membership is required. (E) troll, or post specious arguments, flames, or personal attacks in a manner to and for no other purpose than to attract predictable responses, annoy someone, or disrupt a discussion; (F) impersonate any person or entity, including, but not limited to, a Bullshido.net official, moderator, member, or falsely state or otherwise misrepresent your affiliation with a person or entity; (G) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (H) disseminate content off topic, particularly those promoting any product, service, web site, board or venture, on the Service through unsolicited electronic mail messages to third parties, through posting on a board, through making comments, through uploading video content, or by any other means. (I) interfere with or disrupt the Service, computer servers, or boards accessible through the Service; (J) behave in a belligerent, inhospitable manner, that casts the great sport of MMA in a poor light. The simple standard is to post only as you would if you were speaking to the person face to face.
V. Prohibited conduct includes but is not limited to: (1) fighting words, those words that by their very utterance inflict injury or tend to incite an immediate breach of the peace. These include but are not limited to racial, sexual, and religious slurs. If for whatever reason you wish to engage in a MMA contest with another person, it must be approached through the appropriate channels. (2) swearing at another member of the page, joking or not, or attacking them in a comparable manner. (3) posting curse words in a thread titles, including masked spellings like Bit** or Sh!T. Swearing should be kept to a minimum generally (4) posting on the topic of illegal drug use in anything but an educational, informative manner. Of particular concern are attacks directed at page moderators. Of highest concern are prominent figures in the field, notably fighters. These individuals are due respect and admiration. If you must post negative comments, these must be respectful, as if you were speaking to the person in question face to face.
VI. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE You agree that Bullshido.net may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Bullshido.net has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
VIII. OTHER WEB SITES AND RESOURCES Third parties using the Service may provide links or access to other web sites and resources. Because Bullshido.net has no control over such sites and resources, you acknowledge and agree that Bullshido.net is not responsible for the availability of such 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. You further acknowledge and agree that Bullshido.net 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 or through any such site or resource.
IX. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content to which you hold the intellectual property rights.
X. USE OF COLLECTED DATA The user acknowledges that Bullshido.net may collect marketing data and or other information from user. Bullshido.net shall have the right to use this information, license it, or sell it to other parties, and the user agrees to update the information. User expressly waives any cause of action and agrees to hold harmless Bullshido.net for any misuse intentional or otherwise.
XI. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Bullshido.net expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (B) Bullshido.net makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the information that may be obtained from the use of the service will be accurate or reliable. (C) any material downloaded or otherwise obtained through the use of the service is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (D) no advice or information, whether oral or written, obtained by you through or from the service shall create any warranty by Bullshido.net.
XII. LIMITATION OF LIABILITY You expressly understand and agree that Bullshido.net shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bullshido.net has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
XIII. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections xiii and xiv may not apply to you.
XIV. INDEMNITY You agree to indemnify and hold Bullshido.net, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
XV. ASSIGNMENT OF CONTRACT User may not assign or transfer this contract to any other individual or entity. User further acknowledges and agrees that Bullshido.net may, in its sole discretion, with or without notice, assign any or all of its obligations under this agreement to any third party.
XVI. NOTICES Notices to you may be made via either email or regular mail. Bullshido.net may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices generally on the Service.
XVII. LEGAL DISPUTES This Agreement and your relationship with Bullshido.net shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and Bullshido.net agree to submit to the personal and exclusive jurisdiction of the courts located within Jackson County, USA, and 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XVIII. MODIFICATION We may amend this Agreement at any time by posting the amended terms on our site at [ame="http://www.bullshido.net/forums/showthread.php?t=102769"]Bullshido.net Terms of Service - No BS MMA and Martial Arts[/ame] . All amendments shall automatically be effective after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by a duly empowered officer of Bullshido.net. Explicitly site moderators are not empowered to modify this agreement.
XIX. GENERAL This Agreement constitutes the entire agreement between you and Bullshido.net with respect to the Service and supersedes all prior agreements and understandings between you and Bullshido.net. Bullshido.net's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs VIIII, XI, XII, XIII and XVI of this Agreement shall survive any termination of the Agreement.
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If you believe in good faith that any material posted on or through our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
· A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed;
· Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
· Information reasonably sufficient to permit us to contact you;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent.
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org, containing the following information:
· Your name, physical address, e-mail address and phone number;
· A description of the material .posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
· Identification of the location of the material on the Site;
· If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
· If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
· A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
· Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party