Discussion Forum Terms and Conditions of Use
1. General Information
This Discussion Forum (the "Discussion Forum") is provided by mikedolbear.com (the "Provider"). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Discussion Forum. By accessing the Discussion Forum you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Discussion Forum. The Provider may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
2. Provision of information
In order to use these forums, users are required to provide a username, password and e-mail address. The Provider is not responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information.
3. No Warranties.
THE DISCUSSION FORUM AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PROVIDER AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE PROVIDER AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE PROVIDER DOES NOT WARRANT THAT THE DISCUSSION FORUM WILL OPERATE ERROR-FREE OR THAT THIS DISCUSSION FORUM OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE DISCUSSION FORUM OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE PROVIDER IS NOT RESPONSIBLE FOR THOSE COSTS.
MUCH OF THE MATERIAL ON THE DISCUSSION FORUM IS PROVIDED BY THIRD PARTIES AND THE PROVIDER SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
4. Limitation of Liability / Disclaimer of Damages.
IN NO EVENT SHALL THE PROVIDER OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE DISCUSSION FORUM OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Discussion Forum, among other things, may contain discussion forums, ratings, comments, bulletin board services, chat areas, news groups (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. The Provider has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING COMMUNITIES.
6. Permitted Uses.
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:
i. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
ii. Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
iii. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
iv. Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
v. Advertise or offer to sell any goods or services for any purpose.
vi. Conduct or forward surveys, contests, pyramid schemes or chain letters.
vii. Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
viii. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
ix. Restrict or inhibit any other user from using and enjoying the Communities.
x. Post inflammatory comments (commonly referred to as "trolling").
xi. Engage in xenophobia, racism or personal abuse directed at other forum member.
xii. Attempt to bypass the auto-censor.
xiii. Post irrelevant material (commonly referred to as "padding").
xiv. Discuss illegal activity, or posting links to other websites that deal with such activities
xv. Post under secondary usernames or other aliases
xvi. Post material which is completely unrelated to the forum in which it is posted
xvii. Post material which is in breach another member's privacy, i.e. containing phone numbers, addresses or other personal information
xviii. Post material which comprises a false or misleading statement or representation;
xix. Post material which constitutes misleading or deceptive conduct;
xx. Post material which constitutes a breach of confidence or contract;
xxi. Post material which exhorts or counsels any person to commit an offence against the criminal or civil law;
xxii. Post material which constitutes a breach of public order;
xxiii. Post material which contravenes laws governing and restricting political advertising.
xxiv. Use the forum to buy or sell goods or services.
xxv. Post material which is considered as objectionable by The Provider
7. Topic Areas
First and foremost you agree that this is a discussion forum about drums and percussion. You agree to stick to the topic. The Off Topic area may be used for general chit chat but it should NOT be used for religious or political argument. If you must argue about these topics, do it elsewhere. The Provider reserves the right to delete any topic of a religious or political nature without notice or explanation.
8. No Obligation to Monitor.
The Provider does not control the information delivered to the Communities, and The Provider has no obligation to monitor the Communities. However, The Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in The Provider's sole discretion. For the avoidance of doubt, the Provider reserves the right to delete any message for any reason whatsoever without notice or explanation.
9. No Endorsement.
The Provider does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. The Provider has the ability to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so agree that The Provider may not be able to remove or edit particular messages immediately.
10. The Providers Rights.
If The Provider discovers communications which allegedly do not conform to any term of this Agreement, The Provider may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Provider will have no liability or responsibility for performance or non-performance of such activities. The Provider reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever.
You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself in any Community. The Provider does not control or endorse the content, messages or information found in any Community and, therefore, The Provider specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Discussion Forum (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by The Provider as confidential, that fact will be stated on those pages.
12. License Grant.
By posting communications on or through the Discussion Forum, you automatically grant The Provider a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
13. Copyright Infringement and Copyright Agent.
The Provider may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Discussion Forum that infringes on the rights of others.
If you believe that your work has been used on the Discussion Forum in a manner that constitutes copyright infringement, please provide The Provider's Copyright Agent with a written notice (e-mail to email@example.com is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
a description of where the material that you claim is infringing is located on the Discussion Forum;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Cookies must be turned on in your browser to participate as a user in these forums. Cookies are used here to hold your username and password and viewing options, allowing you to login.
By pressing the "Agree" button when you register or if already registered as a user, you continue to use this discussion forum or remain registered as a user, you agree that you, the user, are 13 years of age or over. You are fully responsible for any information or file supplied by this user. You agree with the rules and policies stated in this agreement, and meet the criteria stated herein, otherwise you must stop using this discussion forum and request your membership to be deleted or press Cancel.