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Terms and Conditions of Use + Forums Rules

All users must recognize and adhere to the rules within. At registration, users agreed to be bound by the rules within this Policy.

Terms and Conditions of Use + Forums Rules

Postby coleslaw » Fri Aug 06, 2004 2:04 pm

Folks, as PorchTalk continues to grow, it has become apparent that there needs to be a set of established rules in order to make the PorchTalk experience enjoyable for everyone.

Please take a few minutes to review the Terms and Conditions below, focusing mainly on the Forum Rules.

Obviously, much of the Terms and Conditions is in place for legal purposes, but only to protect this site and its users.

If any questions should arise, please post them in this forum or send me a Private Message.

Thanks and have a good day! 8)

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Note: Porch Talk is not intended to be viewed by minors or anyone under the age of 18. YOU MUST BE AT LEAST 18 YEARS OLD TO CREATE AN ACCOUNT OR USE THIS SITE.

1. ACCEPTANCE OF TERMS

Porch Talk, comprised of the internet site porchtalk.com (the "Porch Talk site") provides the information and services on the Porch Talk site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the Porch Talk site constitutes agreement with such Terms.

Before using the Porch Talk site, please carefully read this agreement relating to your use of the site. By using the Porch Talk site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Porch Talk site.

Porch Talk reserves the right, at the staff's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Porch Talk intends to provide users with up to fourteen days of advance notice). Your continued use of the Porch Talk site following the posting of changes to these Terms will mean that you accept those changes.

Use of the Porch Talk site constitutes full acceptance of and agreement to the Terms; if a user does not accept Porch Talk's Terms, he or she is not granted rights to use the Porch Talk site as defined herein, and should refrain from accessing the Porch Talk site.

To update these Terms, Porch Talk staff will post both the changed version and its effective date at viewforum.php?f=26.

Porch Talk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all portions of the Porch Talk site. Porch Talk shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the Porch Talk site, you warrant to Porch Talk that you will not use the Porch Talk site, or any of the content obtained from the Porch Talk site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Porch Talk site automatically terminates.

3. DESCRIPTION OF SERVICES

The Porch Talk site is owned and operated by Porch Talk for the purpose of entertainment and discussion (the "Purpose"). Porch Talk provides Internet hyperlinks, photography, and original writing.

4. REGISTRATION OBLIGATIONS

When requested, each Porch Talk site user must: (1) personally provide true, accurate, current and complete information on Porch Talk's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Porch Talk has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Porch Talk may suspend or terminate that user's account and prohibit any and all current or future use of the Porch Talk site (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive passwords and account designations upon completing certain Porch Talk site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Porch Talk cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Porch Talk of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

Porch Talk handles user Registration Data in accordance with the Porch Talk Privacy Policy.

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Porch Talk, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Porch Talk site. No user shall transmit Content or otherwise conduct or participate in any activities on the Porch Talk site that, in the judgment of Porch Talk, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

Porch Talk reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Porch Talk shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Porch Talk, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Porch Talk to protect the rights, property, or personal safety of Porch Talk's users and the public. Porch Talk does not control the Content posted to the Porch Talk site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Porch Talk be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Porch Talk site.

Each user, by using the Porch Talk site, may be exposed to Content that is offensive, indecent or objectionable. Each user 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.

6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE PORCH TALK SITE:

Use, reproduction, modification, and other intellectual property rights to data stored on Porch Talk will be subject to licensing arrangements that may be approved by Porch Talk as applicable to such Content.

With respect to text or data entered into and stored by publicly-accessible site features such as forums and comments ("Porch Talk Public Content"), the submitting user retains ownership of such Porch Talk Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Porch Talk. In each such case, the submitting user grants Porch Talk the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

Content located on any Porch Talk-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Porch Talk as applicable to such Content.

7. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the Porch Talk site, use of the Porch Talk site, or access to the Porch Talk site.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

Porch Talk may establish general practices and limits concerning use of the Porch Talk site. While Porch Talk will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Porch Talk has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Porch Talk site. Porch Talk reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Porch Talk reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

Porch Talk may terminate a user's account in Porch Talk's absolute discretion and for any reason. Porch Talk is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the Porch Talk site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

Porch Talk's termination of any user's access to the Porch Talk site may be effected without notice and, on such termination, Porch Talk may immediately deactivate or delete user's account and/or bar any further access to such files. Porch Talk shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Porch Talk reserves the right to delete, or not delete, a user's account at Porch Talk's sole discretion, as well as to delete, or not delete, content at Porch Talk's sole discretion.

10. LINKS

Porch Talk or a third party may provide links to other websites. Porch Talk exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Porch Talk shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

Porch Talk's Privacy Statement is applicable only when you are on Porch Talk. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless Porch Talk, its affiliates and their respective officers, employees and agents, and each of Porch Talk's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Porch Talk site; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE PORCH TALK SITE IS AT HIS OR HER SOLE RISK. THE PORCH TALK SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PORCH TALK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PORCH TALK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, PORCH TALK MAKES NO WARRANTY THAT (i) THE PORCH TALK SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. PORCH TALK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PORCH TALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE PORCH TALK SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PORCH TALK SITE; OR ANY OTHER MATTER RELATING TO THE PORCH TALK SITE. IN NO EVENT SHALL PORCH TALK'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN PORCH TALK AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, PORCH TALK DOES NOT AND CANNOT CONTROL THE ACTIONS OF PORCH TALK SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE PORCH TALK SITE. OPERATION OF THE PORCH TALK SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY PORCH TALK.

12. COPYRIGHTS

Porch Talk respects the intellectual property rights of others, and requires that the people who use the Porch Talk site do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(2) identification of the copyrighted work that you claim has been infringed;

(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Porch Talk to locate the material, including the full URL.

(4) your name, address, telephone number, and email address.

(5) 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;

(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Porch Talk receives such a claim, Porch Talk reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is: admin@porchtalk.com

After receiving a claim of infringement, Porch Talk will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Porch Talk will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Porch Talk will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, Porch Talk will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Porch Talk will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless Porch Talk's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Porch Talk system or network.

You may provide us with a counter notification by providing our copyright agent the following information:

(1) your physical or electronic signature;

(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Porch Talk may be found and that you will accept service of process from the person who provided the initial notification of infringement.

13. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Porch Talk and govern each user's use of the Porch Talk site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Porch Talk shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Wood County, Ohio. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

14. ACCEPTABLE USE POLICY (Forum Rules)

You agree to not use the Porch Talk Site to:

(1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(2) impersonate any person or entity, including, but not limited to, a Porch Talk administrator, forum moderator or member, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Porch Talk site;

(4) 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);

(5) 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;

(6) 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;

(7) 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;

(8) "troll" the public areas on the site used for discussion, including but not limited to threads and messages intended to obtain a negative response, insult, demean or otherwise disrespect another person, question site policy in an attempt to discount its validity, push the limits of site policy in an attempt to remain as disruptive as possible under the shield of acting within policy, make any attempt to affect the normal flow of dialogue, act in a manner that negatively affects other users' ability to engage in real-time exchanges, or otherwise act in any manner which is deemed by site administration to be harmful to the integrity of the community;

(9) interfere with or disrupt the Porch Talk site or servers or networks connected to the Porch Talk site, or disobey any requirements, procedures, policies or regulations of networks connected to the Porch Talk site;

(10) 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;

(11) "stalk" or otherwise harass another; or
(12) collect or store personal data about other users, except in cases where permission is given to do so, in which case all exchanged information should take place via a private medium, and not on the Porch Talk site.

15. VIOLATIONS

Please report any violations of the Terms to the Porch Talk Site Director at coleslaw@porchtalk.com

Last modified: 04/22/12
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