Terms of Service
The following Terms of Service outline your obligations when using the Malcolm in the Middle Voting Community website.
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE 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. MITMVC’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 MITMVC, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF SERVICE
MITMVC reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, MITMVC will notify you by posting an announcement on the Site and/or sending an email to all registered users that have not opted-out. What constitutes a “material change” will be determined at MITMVC’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the MITMVC by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, MITMVC may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content MITMVC performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). MITMVC may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. MITMVC 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 MITMVC and select a password and username (“Username”). You shall provide MITMVC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You may not (i) select or use as a MITMVC Username of another person with the intent to impersonate that person; (ii) use as a MITMVC Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a MITMVC Username a name that is otherwise offensive, vulgar or obscene. MITMVC reserves the right to refuse registration of, or cancel a MITMVC Username in its discretion. You shall be responsible for maintaining the confidentiality of your password.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by MITMVC. By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other MITMVC users;
- to post or transmit, or cause to be posted or transmitted, any
Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- 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;
- 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 MITMVC user;
- to create or submit unwanted email or Private Messages (“Spam”) to any other MITMVC users or any URL;
- to violate any laws in your jurisdiction;
- to submit threads, posts, comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- 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;
- with the intention of artificially inflating or altering the post count or Reputation, including by way of creating separate Usernames for the purpose of artificially altering MITMVC’s services; giving or receiving money or other remuneration in exchange for Reputation; or participating in any other organized effort that in any way artificially alters the results of MITMVC’s services;
- 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;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
MITMVC may remove, move, edit, or close any Content and Usernames 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 Service abuse, please click the Report button on the thread that you feel is abusive. A Moderator will promptly review the post. Although MITMVC Administrators and Moderators will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and not the MITMVC, Jelsoft Enterprises Ltd., News Corp., or Surpass Hosting.
You are solely responsible for your interactions with other users of the Site. MITMVC reserves the right, but has no obligation, to monitor disputes between you and other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
When uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content or you credit who does and you agree that the Content will be subject to the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, available at http://creativecommons.org/licenses/by-nc-sa/3.0/, unless the Content is credited to a 3rd party.
You will indemnify and hold harmless MITMVC, its affiliates, customers, Moderators, Administrators, and service providers 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 Service by you, or the infringement by you, or any third party using your Username, of any intellectual property or other right of any person or entity.
You acknowledge that MITMVC 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 MITMVC 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. MITMVC makes no representations concerning any content contained in or accessed through the Site or Services, and MITMVC 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.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MITMVC has no control over such sites and resources, you acknowledge and agree that MITMVC 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 MITMVC 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 MITMVC 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.
MITMVC may terminate or suspend any and all Services and your Username immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MITMVC account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. All Administrator and Moderator decisions are final and are not up for review or negotiation.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind MITMVC 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. MITMVC shall not be liable for any failure to perform its obligations here under where such failure results from any cause beyond MITMVC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.