We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.
2. User Content; Posting on Forums and in Other Public Areas
The Site includes information, images, commentary, content, opinions and material that our users upload (“User Content”). You agree to upload and post only User Content that you have created yourself. The Site is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We do not test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another’s rights, we are not responsible for any violation of such rights.
You are responsible for your own User Content, whether posted in the forums or other public posting areas on the Site. You agree to conform to Site Guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.
User Content may include material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. When removing material contained in User Content, we may remove only the material to which we object, all material in a post, thread or forum, or all material in a User’s portfolio, at our convenience and discretion.
User Content may be edited. Our editors and moderators strive to highlight User Content that we determine to be most interesting or useful to our user community. We reserve the right to edit, redact or delete any User Content that you upload to the Site, at our sole discretion. The Site also contains material from experts, organizations and advertisers (“Third Party Content”). The Site is not responsible for the accuracy, reliability or usefulness of Third Party Content.
3. Intellectual Property Rights
The Owner owns all rights to the Site, its services, the technology, information, documents, files, webpages, and other products developed in connection with the Site or available on the Site. Submitting User Content to any area of the Site does NOT transfer ownership rights. You retain the ownership rights to your User Content. By submitting User Content, however, you give certain limited rights to both the Site and other Site users.
You grant to other Site members permission to download all material contained in your User Content for their own private use, and to make such quotations, alterations and markups for the purpose of commentary as they see fit, and to use any or all material contained in your User Content in their discussions on the Site relating to your User Content. You also grant to other Site members permission to circulate (i) links to materials you contribute to the Forum and (ii) copies (either on paper or in electronic form) of any articles, commentary or other contributions made by you, provided in all cases that all such copies include (a) your identity, if it has been publicly attached to such articles, commentary or other contributions by you on the Site and (b) a reference to www.TabbFORUM.com as the source of such articles, commentary or other contributions.
Second, you grant the Site the right to edit, modify, quote, or reformat your User Content on the Site. You also grant us a perpetual non-exclusive worldwide royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content either on the Site or in connection with the promotion of the Site, the Owner, and the Owner’s other properties.
Other than User Content or Third Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software and such content is protected by U.S. and international copyright and other intellectual property rights. The Site’s selection, coordination and arrangement of content on the Site are the exclusive property of the Owner, and are protected as a compilation by U.S. and international copyright laws. All software used on the Site or in conjunction with its operation is the property of the Owner and/or its software suppliers and is protected by U.S. and international copyright laws.
4. Conduct of Users
Your right to access and use the Site is subject to the following prohibitions:
You may not use the Site to advertise products or services, to solicit users to buy or sell products or services, or to make donations of any kind, without first obtaining the express written approval of the Owner.
You may only reproduce and circulate, or cause to be reproduced or circulated, material that you retrieve from the Site, if you include in all copies of such material (a) the identity of the author, if it has been publicly attached to such articles, commentary or other contributions on the Site and (b) a reference to www.TabbFORUM.com as the source of such articles, commentary or other contributions.
You may not use the Site to violate anyone’s copyright, trademark, intellectual property rights, or privacy rights. The User Content that you submit must be your work in its entirety.
You may not use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
From time to time, you may have access to other users’ email addresses or other personal information. You may not gather these email addresses for purposes of spamming or for any purpose other than personal communication. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.
You may not post obscene, pornographic, degrading, harassing or humiliating User Content on the Site. Please also refer to our Guidelines for further explanation of what is acceptable in this regard. You may not post or transmit any false, defamatory, abusive, threatening or illegal User Content or User Content that infringes on the rights of others or the ability of others to enjoy the Site. We have the right to determine, in our sole discretion, whether User Content violates these restrictions or is otherwise unfit for the Site. We have the sole right to delete, modify or edit any such User Content that you upload to the Site.
Failure to abide by these restrictions may result in sanctions including termination of your user privileges on the Site and cancellation of your account, as well as legal sanctions, if applicable.
5. User Accounts; Security
As a User, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up to date, particularly if you change email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your Site account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them. You acknowledge that the Owner relies on your email address to keep you apprised of certain information on the Site. If the Owner attempts to contact you and finds that your email address is inoperable, your Site account may be suspended. You are responsible for keeping your email address accurate and up to date.
You agree to manage your account in a safe and reasonable manner. You agree to notify the Owner or Site immediately of any unauthorized use of your password or account, or any other breach of security. You expressly agree that the Owner will not be liable for any loss or damage arising from your failure to comply with these requirements.
We use commercially reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Site.
6. Securities Information
None of the information contained in this web site constitutes a recommendation, solicitation or offer by Owner or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. The information contained in this web site has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from this web site, you should consult your business, legal and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment or investment strategy. The information and services provided on this web site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Owner is not authorized to provide such information or services. Contributions to the Site by users do not represent the opinions of Owner, and the Owner makes no representation that the Owner or any other person has verified information contained in contributions to the Site. Information contained on this Site may be out of date, obsolete, or not relevant in a particular situation.
7. Third Party and Affiliated Websites
8. Users from Outside the United States
The Site is maintained by Owner on computers located in the United States of America. You represent that any material or information which you provide to the Owner (i) is provided in compliance with the laws of any other applicable countries, including your country of residence and citizenship and any country with jurisdiction over the material or information; (ii) that you have the right to transfer such material or information to the United States; and (iii) that such material or information is not subject to any restriction arising out of the laws of any jurisdiction other than the United States. If you live outside the United States, you understand and agree that the Owner stores and processes your information on computers located in the United States, and by providing any data to the Owner, you consent to the transfer of such information to the United States.
9. Digital Millennium Copyright Act
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work or works claimed to have been infringed,
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o 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
o 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.
The Site has a designated Copyright Agent; please direct any notifications of claimed infringement c/o: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
10. Legal Age; Ability to Accept Terms
The Site is not intended for children under the age of 18. By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not post User Content or otherwise use this Site.
From time to time, the Owner uses its users’ email addresses to send email notices about matters relating to the Site. Users are responsible to keep email addresses current. The Owner shall not be responsible for any failure of notice due to an out-of-date email address.
12. Account Termination
The Owner reserves the right to terminate your account or your access to and use of the Owner’s or Site’s services at any time, at the Owner’s sole discretion for any reason, with or without cause. If you violate these Terms, the Owner, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that the Owner deems appropriate to enforce our rights and pursue all available remedies. The Owner shall not be liable to you or any other person if the Owner terminates your account or your access to or use of the Site.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE OWNER ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE AND OWNER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND OWNER DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT ANY PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR EMAIL FROM THE SITE OR OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF INFORMATION OR SERVICES MADE AVAILABLE TO YOU BY THE SITE OR PROVIDED BY YOU TO THIS SITE OR TO OTHERS VIA THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE SITE OR OWNER BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES, OR VIEWING THE MATERIAL IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. OWNER CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF MATERIALS ON ITS SITE, OR THE COPYING OF MATERIALS BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Owner, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any User Content you post on the Site.
15. Reservation of Rights
You may access Site content, including user content, only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.
The Terms and this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. The Owner may also assign any rights and licenses granted in the Terms without restriction. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Owner services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with Owner arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Massachusetts. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Site or Owner, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or Owner is permanently barred.