FerrariChat.com Terms of Use
FerrariChat.com's Bulletin Board is a subscribed service provided to users of FerrariChat.com's web site. By accepting these terms of use and posting a message on the FerrariChat.com Bulletin Board, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not accept these terms or use the FerrariChat.com Bulletin Board.
You understand that all messages appearing here are the sole responsibility of those persons posting the message. This means that you, and not FerrariChat.com, are entirely responsible for all information and material that you post on the FerrariChat.com Bulletin Board. FerrariChat.com does not control the content of any messages posted on FerrariChat.com Bulletin Board and does not guarantee the accuracy, integrity or quality of anything on the FerrariChat.com Bulletin Board or any products or services that may appear here. Under no circumstances will FerrariChat.com be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained in the FerrariChat.com Bulletin Board.
You agree not to do any of the following while using the FerrariChat.com Bulletin Board:
1. transmit any message, information, data, text or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including but not limited to, FerrariChat.com’s moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. post or transmit any software or graphic files on the FerrariChat.com's Bulletin Board or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation in the FerrariChat.com's Bulletin Board;
5. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law while using or accessing the FerrariChat.com Bulletin Board; and
6. upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to FerrariChat.com's Bulletin Board, you automatically grant, (or warrant that the owner of such Content has expressly granted) FerrariChat.com the royalty-free, perpetual, assignable and sublicensable right and 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.
FerrariChat.com and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any Content posted on the FerrariChat.com's Bulletin Boards and to move Content to other areas of the FerrariChat.com Bulletin Board. Without limiting the foregoing, FerrariChat.com and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold FerrariChat.com harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
COPYRIGHTED MATERIAL:
Message boards sometimes contain material in which users share material they have copied electronically from other sources. Because there are many thousands of possible sources spread out across the Internet, e.g., newspapers, scientific journals and bulletin boards, it is impossible to determine if any message on the FerrariChat.com's Bulletin Board infringes the copyright of another party. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify FerrariChat.com so the situation can be promptly addressed.
Notification Instructions…
1. The notice must be in writing and addressed to FerrariChat.com as follows: “Copyright Infringement Notice” Please e-mail to [email protected].
2. It must contain a physical or electronic signature of the person authorized to act on behalf of the copyright owner of the work allegedly infringed.
3. The notice must identify the work or works allegedly infringed.
4. As well as identifying the material which is allegedly infringing with some specific information about where the infringing material is located on the site.
5. The complaining party must provide contact info, such as an address, phone number and, if possible email address.
6. The notice should state that the complaint is based on a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent or the law.
7. The notice must be made under penalty of perjury, and state that it is accurate, and that the complaining party is authorized to act on behalf of the copyright owner of the exclusive right(s) allegedly infringed.
Please consult the U.S. Copyright Act itself before sending any such notice… . FerrariChat.com will not be responsible for erroneous or incomplete notices, and reserves the right to terminate any account of a user who either makes a false notice or engages in conduct that appears to constitute copyright infringement, without limiting the rights or remedies of FerrariChat.com.
PRIVACY:
It is FerrariChat.com's policy to take reasonable measures to respect the privacy of FerrariChat.com's users. FerrariChat.com will take reasonable measures not to disclose information about you or the contents of your communications, other than Content that is publicly available or accessible via the FerrariChat.com Bulletin Board, except that FerrariChat.com may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any Content violates the rights of third parties; or (e) to protect the interests of FerrariChat.com or others.
LINKS:
The FerrariChat.com Bulletin Board may provide and users may include in messages, links to other web sites or resources. FerrariChat.com 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. FerrariChat.com 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 such external sites or resources.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE FERRARICHAT.COM BULLETIN BOARD IS AT YOUR OWN RISK. FERRARICHAT.COM SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON THE FERRARICHAT.COM BULLETIN BOARD. FERRARICHAT.COM 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 NONINFRINGEMENT. FERRARICHAT.COM MAKES NO WARRANTY THAT ANY CONTENT ON THE FERRARICHAT.COM BULLETIN BOARD WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FERRARICHAT.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FERRARICHAT.COM BULLETIN BOARD. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FERRARICHAT.COM'S BULLETIN BOARD IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, FERRARICHAT.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE FERRARICHAT.COM BULLETIN BOARD OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE FERRARICHAT.COM BULLETIN BOARD OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF FERRARICHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS:
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Texas, excluding its conflict of law provisions. You and FerrariChat.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas. The failure of FerrariChat.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intention reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FerrariChat.com Bulletin Board or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. The section titles herein are for convenience only and have no legal or contractual effect. FerrariChat.com reserves the right to change these terms and conditions at any time and from time to time.
WHAT TO DO:
If you become aware of any messages in the FerrariChat.com's Bulletin Board that violate these terms and conditions, please e-mail the offending person's identification and cut and paste the relevant content. FerrariChat.com cannot guarantee that any action will be taken as a result of your email.
Thank You,
FerrariChat.com