PLEASE READ THESE TERMS OF SERVICE AND THE MFO PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OF THE MFO FORUMS.
WELCOME
This site is owned and operated by The Mike Ferry Organization (MFO). These terms of service (the "Terms of Service" or "TOS") apply to and govern your, and any authorized user of your account, use of this site or the MFO Forums (as hereinafter defined, and, collectively referred to as the "Site"). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the
MFO Privacy Statement.
LICENSE TO USE THE SITE
MFO grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE
MFO reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All trademarks, service marks, and trade names are proprietary to The Mike Ferry Organization (MFO) and its affiliates. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by MFO (the "Site Materials") without the prior written permission of MFO. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of MFO¹s copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from MFO.
SOFTWARE
From time to time, and at its sole discretion, MFO may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MFO. MFO does not transfer title to the Software to you. You own the medium on which the Software is recorded, but MFO retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
FORUMS AND PUBLIC COMMUNICATIONS
As a convenience to its visitors, MFO may provide, from time to time and at its sole discretion, one or more chat areas, message boards, e-mail functions, instant messaging service, voice-mail, and other services (collectively, the "Forums"). Forums are provided by MFO to you and others subject to this TOS, the Guidelines for Use of the Forums, (as defined below) the Privacy Statement, and other rules that may be published from time to time by MFO. MFO currently provides the Forums free of charge to users who agree to abide by this TOS and the Guidelines for Use of the Forums. MFO reserves the right to change the nature of this relationship at any time.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Forums, you agree to (i) comply with this TOS and the Guidelines for Use of the Forums, (ii) provide MFO with (A) accurate, complete and true information about yourself as required on the Forum registration form (your "Registration Information") in order to create your MFO Forum Account (your "Account") and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate this TOS, the Guidelines for Use of the Forums, or provide inaccurate, false, or non-current Registration Information may, at MFO sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or other online MFO service.
As part of your Account, you will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify MFO of any unauthorized use of your user name or password and (ii) ensure that you properly exit a Forum at the completion of your session. MFO shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE FORUMS, PLEASE DO NOT ENTER ANY FORUM.
FORUM RULES
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Forums ("Content"). Listed below are some, though not all, violations that may result in MFO terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
2. Transmit any Content in any Forum that MFO considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
4. Impersonate in any Forum any person, including but not limited to, a MFO official, chat or message board leader, guide or host;
5. Disrupt the normal flow of dialogue in a MFO chat room or otherwise act in a manner that negatively affects other participants;
6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
8. Invade the privacy or violate any personal or proprietary right of any person or entity; and
9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
By posting or uploading Content to any Forum or submitting any other Content to MFO, you automatically grant (or warrant that the owner of such rights has expressly granted) MFO a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the content as uploaded or posted by you does not violate any person so called "moral rights" (adroit moral)
You understand that the uploading to and/or posting of any Content in any Forum shall not be subject to any obligation of confidence on the part of MFO, and MFO shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, MFO shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider, author or owner of the Content.
You agree to indemnify MFO for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Forum or submitting any Content to us or your failure to comply with this TOS. While MFO does not and cannot review all Content posted by users in the Forums and is not responsible for the content of these postings, MFO reserves the right to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person rights of privacy or publicity or otherwise unacceptable.
LINKED SITES
MFO is not necessarily affiliated with sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
NON-UNITED STATES RESIDENTS
MFO makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
JURISDICTIONAL ISSUES
The Site is controlled and operated by MFO from its offices within the State of California, United States of America. MFO makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of MFO officially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION
You understand and agree that MFO may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and remove any Content posted or submitted by you to any Forum, for any reason. MFO may also, in its sole discretion and at any time, discontinue any Forum or limit or restrict any user access thereto, for any reason. You understand and agree that MFO may take any one or more of these actions without prior notice to you. Should MFO take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that MFO shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account.
DISCLAIMER
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MFO DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. MFO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MFO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MFO BE LIABLE FOR ANY INDIRECT, MFOCIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF MFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MFO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
COPYRIGHT NOTICE
If you believe that any Content appearing on the Site or in any Forum has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Mike Ferry Organization
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Attn: The Mike Ferry Organization
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By this filing, The Mike Ferry Organization seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17USC section 512c or elsewhere in the law.
OTHER
This TOS shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from these terms and shall not affect the validity and enforceability of any remaining provisions.
