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TERMS OF SERVICE

Published: 01.01.2008 By: RabidPOP Legal Council

Version 1.0

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RabidPOP, are entirely responsible for all Content that is available for upload, post, email, transmission or otherwise made available via the Service. RabidPOP controls all of the user-generated Content posted via the Service but does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RabidPOP be liable in any way 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, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a RabidPOP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. "stalk" or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.

You acknowledge that RabidPOP may pre-screen Content, but that RabidPOP and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, RabidPOP and its designees shall have the right to remove any Content that violates its terms of service or is otherwise objectionable as it may determine in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RabidPOP or submitted to RabidPOP, including without limitation information in RabidPOP Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that RabidPOP may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of RabidPOP, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RabidPOP and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

THE RABIDPOP NETWORK

When you register with RabidPOP, you acknowledge that in using RabidPOP services to send electronic communications (including but not limited to email, search queries, sending messages to RabidPOP Chat or RabidPOP Groups, uploading photos and files to RabidPOP Photos, and other Internet activities), you will be causing communications to be sent through RabidPOP's computer networks. As a result, and also as a result of RabidPOP's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

A. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

B. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

RabidPOP claims ownership of all Content including images, messages and videos obtained or developed by our agents, employees or contractors in which you may appear or in which you were part of the production then become publicly available and can be collected or disseminated by others. All such Content is licensed to us indefinitely for full market exploitation without compensation when they appear on the Site.

RabidPOP does not claim ownership of User-generated Content you submit or make available for inclusion under any “Opinion” area on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RabidPOP the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  1. With respect to Content you submit or make available for inclusion on publicly accessible areas of RabidPOP Groups, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific RabidPOP Group to which such Content was submitted or made available. This royalty-free license exists only for as long as such Content remains on the Service and will terminate at the time you or RabidPOP removes such Content from the Service.
  2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RabidPOP Groups, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RabidPOP removes such Content from the Service.
  3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RabidPOP Groups, you grant us the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the RabidPOP network of properties that are intended by RabidPOP to be available to the general public. By way of example, publicly accessible areas of the Service could include RabidPOP Message Boards and other pages, repositories, data bases, or other site services, offerings, or locations that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of any RabidPOP site service, offering or location limited to members and are RabidPOP services intended for private communication. These might include areas off of the RabidPOP network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by RabidPOP.

C. CONTRIBUTIONS TO RABIDPOP

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to RabidPOP through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) RabidPOP is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) RabidPOP shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) RabidPOP may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of RabidPOP without any obligation of RabidPOP to you; and (f) you are not entitled to any compensation or reimbursement of any kind from RabidPOP under any circumstances.

D. INDEMNITY

You agree to indemnify and hold RabidPOP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of service or your violation of any rights of another.

E. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your RabidPOP ID), use of the Service, or access to the Service.