Member Agreement
General
- Website
Content
This organization was
established as an information and resource sharing community. Whilst we attempt
to edit or remove any messages containing inappropriate, sexually orientated,
abusive, hateful, slanderous, or threatening material that could be considered
invasive of a person's privacy, or which otherwise violate any kind of law, it
is impossible for us to review every message posted on this discussion system.
For this reason, you acknowledge that all messages posted on this discussion
system express the views and opinions of the original message author and not
necessarily the views of this bulletin board. Therefore, we take no
responsibility and cannot be held liable for any messages posted. We do not
vouch for or warrant the accuracy and completeness of every message.
By registering on this discussion system you agree
that you will not post any material which is knowingly false, inaccurate,
abusive, hateful, harassing, sexually orientated, threatening or invasive of a
person's privacy, or any other material which may violate any applicable laws.
Failure to comply with these rules may result in the
termination of your account, account suspension, or permanent ban of access to
these forums. Your IP Address is recorded with each post you make on this
discussion system and is retrievable by the forum staff if need-be. You agree
that we have the ability and right to remove, edit, or lock any account or
message at any time should it be seen fit. You also agree that any information
you enter on this discussion system is stored in a database, and that
"cookies" are stored on your computer to save your login information.
By continuing
with the sign-up process you agree to the above rules and any others that the
Administrator specifies.
From STEMPIRE:
(d) To the extent you request or subscribe to
receive information from STEMPIRE via e-mail, or submit information to STEMPIRE’s
clients, STEMPIRE will use commercially reasonable efforts to deliver such
information to the e-mail address You provide; however, STEMPIRE cannot and
does not guarantee delivery of such e-mail.
(e) STEMPIRE shall have no obligation to, or
liability for failing to, review, police or manage any Content that You or
other users upload or post to, place on, or otherwise transmit via the Website;
however, STEMPIRE reserves the right to block Your access to the Website and
edit or remove any Content that violates these Terms.
- Member
Responsibilities
From
STEMPIRE:
(a) Not to use the Website to: (i) transmit spam,
unsolicited communications, or unauthorized third-party Content; (ii) spoof
someone else’s identity or otherwise misrepresent your affiliation with a
person or entity; (iii) forge headers or otherwise manipulate identifiers
(including URLs) in order to disguise the origin of any Content You transmit;
(iv) disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users’ ability to use the Website; (v) engage in
activities that would violate applicable local, state, national or
international law, or any regulations having the force of law; or (vi) collect
or store personal data about other users unless specifically authorized by such
users;
(b) To be entirely responsible for all Content
that You upload or post to, place on, or otherwise transmit via the Website
and, specifically, not to upload, post or otherwise transmit, via the Website,
any Content that: (i) is harmful, obscene, pornographic, defamatory, racist,
violent, offensive, harassing, threatening, or otherwise objectionable; (ii)
includes unauthorized disclosure of personal information; (iii) violates or
infringes anyone’s intellectual property rights; or (iv) contains software
viruses or any other computer code, files, or programs designed to interrupt,
destroy, or interfere with the operation of any software, hardware, or other
equipment;
(c) To accept sole and exclusive responsibility
(as between STEMPIRE and You) for adequate protection of Your data and/or
equipment used in connection with the
- Advertisements/Promotions
From STEMPIRE:
During
your access to and use of the Website, You may obtain information that STEMPIRE
or other users consider “confidential” or “proprietary” (“Confidential
Information”).
You agree not
to reveal the Confidential Information to any third parties and to take
precautions, which shall be at least the more protective of reasonable and
prudent care or those taken in safeguarding Your own trade secret,
confidential, or proprietary information, whether by instruction, agreement, or
otherwise, to satisfy Your obligations under these Terms with respect to
authorized use, protection, and security of the Confidential Information. You
agree that the wrongful disclosure of Confidential Information will cause STEMPIRE
(or its other users) irreparable injury that is inadequately compensable in
monetary damages; accordingly, STEMPIRE shall be entitled to injunctive relief
in any court of competent jurisdiction against You for the breach or threatened
breach of this Section, in addition to any other remedies including without
limitation all remedies at law or equity without the requirement to submit
bond.
- Intellectual
Property Rights
(a)
Except as expressly authorized in writing by STEMPIRE, You shall not
(via any means, now known or later discovered or created) reproduce, modify,
distribute in any manner (including rent, lease, loan, or sell), mirror,
republish, download, transmit, create derivative works of, or remove or modify
any copyright or trademark notice or other notice of ownership relating to, the
Content of STEMPIRE or others, in whole or in part.
(b)
Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights, whether by
estoppel, implication, or otherwise.
(c)
If You believe that Your copyright, trademark, or privacy right has been
infringed, in any way, by Content on the Website, please provide a detailed
description of the alleged infringement for further investigation via e-mail to
contact@STEMPIREINC.org. STEMPIRE’s
receiving, investigating, or responding to your e-mail shall not constitute STEMPIRE’s
agreement or verification of your claim(s) nor any admission of liability
therefor.
(d) STEMPIRE makes no commitment,
covenant, promise, warranty, representation, or guarantee that it will receive,
review, investigate, or respond to your claim within any particular time[7] .
- Limitation
of Liability
To the extent permitted by law, STEMPIRE
shall have no liability, relating to your use of (or connection to) the
Website, for: (a) consequential, incidental, exemplary, special, or punitive
damages even if advised of the possibility of such (including, but not limited
to, loss of business, profits, business information, or business interruption,
or any other pecuniary loss); or (b) for direct damages, actually proven,
exceeding $100.00 (USD). This limitation shall be enforced even if it causes an
exclusive remedy to fail of its essential purpose. You agree any dispute filed
by You will be brought in Arbitration in Hamilton County, Ohio.
STEMPIRE reserves the right, at any
time, in STEMPIRE’s sole and exclusive discretion, to amend, modify, suspend,
or terminate the Website, the Information or the Content, or any part thereof,
and/or Your use of or access to them, with or without notice, and STEMPIRE
shall have no liability to You or any other person or entity for any
modification, suspension, or termination of the Website, the Services, the
Information or the Content, or any part thereof, or any loss of related
information.
- Waiver of
Jury Trial
From STEMPIRE:
TO THE EXTENT PERMITTED BY LAW, YOU
WAIVE YOUR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING
UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THE TERMS. You
acknowledge that, if any of the provisions of this section are not currently
unenforceable under applicable law, this section will apply in the event such
becomes enforceable in the future. This provision shall remain in full force
and effect notwithstanding any termination of Your use.
(b) STEMPIRE may amend these Terms at
any time by posting the amended terms on this Website and/or electronic
notification to all members.
(d) STEMPIRE shall not be liable under
these Terms for failure to perform any of its obligations during any period in
which it cannot perform due to matters beyond its control, including, but not
limited to act of God, strike, fire, flood, natural disaster, war, embargo, or
riot.
(f) If any provision of these Terms is
invalid, illegal, or unenforceable under any applicable statute or rule of law,
it is, to the extent necessary, deemed modified in order to comply with
applicable law, and the remaining provisions shall not be affected in any way.
(g) The Terms constitute the entire
agreement and understanding regarding Your use of the Website and supersede any
prior versions of the Terms. No amendment, addition, deletion, or revision to
these Terms shall be valid unless written and issued by an officer of STEMPIRE.