Declaration
Actsofhate.com (AOH) is not responsible
for any of the content posted on this site.
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART
OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON
THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS
THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. AOH'S ACCEPTANCE
IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND
CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND
CONDITIONS ARE CONSIDERED AN OFFER BY AOH, ACCEPTANCE IS EXPRESSLY LIMITED
TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
AOH reserves the right, at its sole
discretion, to modify or replace the Terms of Use at any time. If the
alterations constitute a material change to the Terms of Use, AOH will
notify you by posting an announcement on the Site. You shall be responsible
for reviewing and becoming familiar with any such modifications.
DESCRIPTION OF SERVICE
AOH may change, suspend or discontinue
Services including any Content for any reason, at any time, including
the availability of any feature or content. AOH may also impose limits
on certain features and services or restrict your access to parts or
all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you
are required to register with AOH and select a password and screen name
("ID #"). You shall provide AOH with accurate, complete,
and updated registration information. Failure to do so shall constitute
a breach of the Terms of Use, which may result in immediate termination
of your AOH account. You may not (i) select or use as a AOH ID a name
of another person with the intent to impersonate that person; (ii) use
as a AOH ID a name subject to any rights of a person other than you
without appropriate authorization; or (iii) use as a AOH ID a name that
is otherwise offensive, vulgar or obscene. AOH reserves the right to
refuse registration of, or cancel a AOH ID in its discretion. You shall
be responsible for maintaining the confidentiality of your AOH password.
Services are available only to individuals
who are at least 13 years old, whether acting on their own behalf or
as an authorized employee or representative of a corporation or other
business entity. If you do not so qualify, do not attempt to register
for or use the Services.
WARRANTY DISCLAIMERS
You acknowledge that AOH has no control
over, and no duty to take any action regarding: which users gain access
to the Site or use the Services; what effects the Content may have on
you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. You release
AOH from all liability for you having acquired or not acquired Content
through the Site or the Services. The Site or Services may contain,
or direct you to sites containing, information that some people may
find offensive or inappropriate. AOH makes no representations concerning
any content contained in or accessed through the Site or Services, and
AOH will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the
Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON
AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
USER CONDUCT
As a condition of use, you promise
not to use the Services for any purpose that is unlawful or prohibited
by these Terms of Use, or any other purpose not reasonably intended
by AOH.
By way of example, and not as a limitation,
you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other AOH users;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any AOH user;
5. to create or submit unwanted email ("Spam") to any other AOH users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering the 'AOH count', comments, or any other AOH service, including by way of creating separate user accounts for the purpose of artificially altering AOH's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of AOH's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer
your profile.
IN ADDITION, YOU HEREBY AGREE THAT
YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION
OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD
PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE
OR OTHERWISE AFFECT THE SITE IN ANY MANNER.
AOH may remove any Content and AOH
accounts at any time for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or authorities
relating to such Content), or for no reason at all. To report Terms
of Use abuse, please email: abuse@actsofhate.com
You are solely responsible for your
interactions with other users of the Site. AOH reserves the right, but
has no obligation, to monitor disputes between you and other users.
This site is self policed.
CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
By creating and posting Content to
AOH, you warrant that you own all rights to the Content, agree that
the Content will be dedicated to the public domain under the Creative
Commons Public Domain Dedication, available at http://creativecommons.org/
COPYRIGHT COMPLAINTS
AOH respects the intellectual property
of others. It is AOH's policy to respond expeditiously to claims of
copyright and other intellectual property infringement. AOH will promptly
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws. Upon receipt of notices
complying or substantially complying with the DMCA, AOH may act expeditiously
to remove or disable access to any material claimed to be infringing
or claimed to be the subject of infringing activity and may act expeditiously
to remove or disable access to any reference or link to material or
activity that is claimed to be infringing. AOH will terminate access
for subscribers and account holders who are repeat infringers.
Notifying AOH of Copyright Infringement:
To provide AOH notice of an infringement, you must provide a written
communication to the attention of "DMCA Infringement Notification
Dept." care of abuse@actsofhate.com that sets forth the information
specified by the DMCA (http://www.copyright.gov/
Providing AOH with Counter-Notification:
If we remove or disable access to content in response to an infringement
notice, we will make reasonable attempts to contact the owner or administrator
of the affected site or content. If you feel that your material does
not constitute infringement, you may provide AOH with a counter notification
by written communication to the attention of "DMCA Counter Notification
Dept." at abuse@actsofhate.com that sets forth all of the necessary
information required by the DMCA (http://www.copyright.gov/
AOH PRIVACY POLICY
AOH's current privacy policy is available
at actsofhate.com/page/privacy (the "Privacy Policy"), which is
incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless
AOH, its parents, subsidiaries, affiliates, customers, vendors, officers
and employees from any liability, damage or cost (including reasonable
attorneys. fees and cost) from (i) any claim or demand made by any third
party due to or arising out of your access to the Site, use of the Services,
violation of the Terms of Use by you, or the infringement by you, or
any third party using your account or AOH User ID, of any intellectual
property or other right of any person or entity.
LINKS
The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because AOH has no control over such sites and resources, you acknowledge
and agree that AOH is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
AOH shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AOH OR ITS SUPPLIERS
BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER
LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT
FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES
(HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION
AOH may terminate or suspend any and
all Services and your AOH account immediately, without prior notice
or liability, if you breach any of the terms or conditions of the Terms
of Use. Upon termination of your account, your right to use the Services
will immediately cease. If you wish to terminate your AOH account, you
may simply discontinue using the Services. All provisions of the Terms
of Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
MISCELLANEOUS
No agency, partnership, joint venture,
or employment is created as a result of the Terms of Use and you do
not have any authority of any kind to bind AOH in any respect whatsoever.
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
AOH shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond AOH's reasonable control,
including, without limitation, mechanical, electronic or communications
failure or degradation (including "line-noise" interference).
If any provision of the Terms of Use is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that the Terms of Use shall otherwise remain in
full force and effect and enforceable. The Terms of Use is not assignable,
transferable or sublicensable by you except with AOH's prior written
consent. AOH may transfer, assign or delegate the Terms of Use and its
rights and obligations without consent. The Terms of Use shall be governed
by and construed in accordance with the laws of the state of Texas,
as if made within Texas between two residents thereof, and the
parties submit to the exclusive jurisdiction of the Superior Court of
Dallas County and the United States District Court for the Northern
District of Texas. Notwithstanding the foregoing sentence, (but
without limiting AOH's right to seek injunctive or other equitable relief
in any court of competent jurisdiction), any disputes arising with respect
to this Agreement shall be referred to an arbitrator affiliated with
JAMS, The Resolution Experts. The arbitrator shall be selected by joint
agreement of the parties. In the event the parties cannot agree on an
arbitrator within thirty (30) days of the initiating party providing
the other party with written notice that it plans to seek arbitration,
the parties shall each select an arbitrator affiliated with JAMS, which
arbitrators shall jointly select a third such arbitrator to resolve
the dispute. The written decision of the arbitrator shall be final and
binding on the parties. The arbitration proceeding shall be carried
on and heard in Dallas, Texas using the English language
and pursuant to the rules of JAMS. In any action or proceeding to enforce
rights under the Terms of Use, the prevailing party will be entitled
to recover costs and attorneys' fees. Both parties agree that the Terms
of Use is the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the
subject matter of the Terms of Use, and that all modifications must
be in a writing signed by both parties, except as otherwise provided
herein.
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