Terms and Conditions of Use
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part of APPALACHIAN FORUMS. Without limiting the foregoing, the following activities are prohibited on APPALACHIAN FORUMS: Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene; Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Forum; Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval; Gathering for the purpose of "spamming" any email addresses that users post in our Forums; Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment; Uploading or posting any off-topic or irrelevant material to any Forum; Interfering with or disrupting any servers or networks used to provide APPALACHIAN FORUMS or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the APPALACHIAN FORUMS; * Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ; "Stalking" or otherwise harassing another; Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person; Collecting or storing personal data about other users; Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
The Program Policies of our advertisers prohibits the posting of
- Strategically covered nudity
- Sheer or see-through clothing
- Lewd or provocative poses
- Close-ups of breasts, buttocks, or crotches
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
CONTENT LINKED TO APPALACHIAN FORUMS
Please exercise discretion while browsing the Internet using APPALACHIAN FORUMS. You should be aware that when you are on APPALACHIAN FORUMS, you could be directed to other sites that are beyond our control. There are links to other sites from APPALACHIAN FORUMS pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off APPALACHIAN FORUMS. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on APPALACHIAN FORUMS may send cookies to users that we do not control.
We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us. We reserve the right to disable links from third-party sites to APPALACHIAN FORUMS.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to APPALACHIAN FORUMS.
Please keep in mind that whenever you give out personal information online—for example, via message boards or chat—that information can be collected and used by people you don't know. While APPALACHIAN FORUMS strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
THE MATERIALS IN APPALACHIAN FORUMS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON APPALACHIAN FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT APPALACHIAN FORUMS OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON APPALACHIAN FORUMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from APPALACHIAN FORUMS. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from APPALACHIAN FORUMS or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, APPALACHIAN FORUMS OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING APPALACHIAN FORUMS. JURISDICTIONAL ISSUES
We make no representation that materials on APPALACHIAN FORUMS are appropriate or available for use in any particular location. Those who choose to access APPALACHIAN FORUMS do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of APPALACHIAN FORUMS and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and APPALACHIAN FORUMS may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of APPALACHIAN FORUMS and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
Submitting a claim of copyright infringement is a serious matter with legal consequences. Before you report a claim of copyright infringement to us, you may want to reach out to the person posting the content. You may be able to resolve the issue simply by bringing it to their attention without contacting us at all.
If you’re not sure whether the content you’re reporting is infringing your legal rights, you may want to seek legal guidance. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act (DMCA) in the United States or similar laws in other countries.
If you believe your copyright is being infringed, the fastest and easiest way to report that to us is to email us.
Include the following:
- Your complete contact information (full name, mailing address and phone number). Note that we regularly provide your contact information, including your name and email address, the name of your organization or client who owns the right in question, and/or the contents of your report to the person who posted the content you are reporting. You may wish to provide a professional or business email address for contact by users.
- A description of the copyrighted work that you claim has been infringed.
- A description of the content on our site that you claim infringes your copyright.
- Information reasonably sufficient to permit us to locate the material on our site. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
- A declaration that
- You have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law,
- The information in your notice is accurate, and
- You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- Your electronic signature or physical signature.