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These Terms of Service govern the use of Maxfisch.com, alternatively referred to as the "Site." The term "Maxfisch.com" and "The Site" shall be used to refer to all individuals and companies associated with the the creation, hosting, maintenance, administration, billing, servicing and other aspects of the site, without limitations.
The Site provides individuals (each a "Participant") with access to content and services ("Participation"). Reading information, providing information, or moderating discussion boards on The Site constitutes Participation. Maxfisch.com may, at its discretion, add, delete, or modify the Terms of Service without notice. By becoming a Participant, you agree to use the Site in a manner consistent with all applicable local, state and federal laws and regulations and in accordance with the Terms of Service discussed below. The Site provides certain Participants with the ability to provide information in a manner which makes this information publicly available. Such information is sometimes provided in the form of "Messages", and such messages are called "Participant Web Pages".
Maxfisch.com may terminate any Participation (and any and all related information, communications, postings, or Participant Web pages) at any time, without notice, for conduct that violates local, state or federal laws or regulations, these Terms of Service or other policies or guidelines set out by Maxfisch.com elsewhere on the Site, or for material that Maxfisch.com in its sole discretion believes is harmful to other Participants, the business of Maxfisch.com, or other third-party information providers. Individuals who have had their Participations terminated may not continue to utilize Participant privileges in any manner or for any reason without the express written permission of Maxfisch.com.
2.Price and Payment for Participation
Content and services of The Site are currently available free of charge.
3.Terms of Participation
a) Participation is available to users over the age of 21. Maxfisch.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation.
b) Maxfisch.com allows one Participation per individual with a legitimate electronic mail address.
c) Maxfisch.com does not permit the use of the any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. Maxfisch.com may, at its discretion and without notice, delete or revoke any Participation associated with a Participant Name of this nature.
d) Maxfisch.com sometimes provides Participants with discussion boards (a "Participant board", or "DomBoard") and the associated storage as a service to Participants. Maxfisch.com provides this service at its sole discretion.
e) Maxfisch.com is not responsible for the contents of messages posted by Participants, and the views expressed in those messages. The contents of such messages are the responsibility of the Participants and not Maxfisch.com. All contents, services and offers made are the sole responsibility of the Participant.
f) By become a Participant on Maxfisch.com, you grant Maxfisch.com and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, transmit, distribute, and publicly perform or display any posted material.
4.Advertising on Participant Web Pages
Participants may not display advertisements for other sites . This includes, but is not limited to, "banner" advertisements and "pop-up text" advertisements, or any other manner or mode of advertizing.
Maxfisch.com, may offer, certain of its Participants the ability to communicate on-line through the use of Private Messaging. It is the intention of Maxfisch.com to allow open and diverse communication through the use of these systems. Maxfisch.com expressly disclaims any and all liability arising from the use of these systems.
6.Maxfisch.com Participant Conduct Guidelines
The following is a non-exclusive list of actions and content that are prohibited on the Site. Maxfisch.com may cancel any Participation associated with such actions or content or may remove any associated information posted by Participants with or without prior notice, in its sole discretion.
a) Any use of copyrighted, trademarked, patented or servicemarked material without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1.Making available copyrighted software which has been "cracked", for example, the copyright protection has been removed from the software;
2.Making available serial numbers for software that can be used to illegally validate or register software;
3.Making available tools that can be used for no purpose other than for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.);
4.Making available any software files for which the user does not own the copyright or have the legal right to make available.
b) Material concerning any software, information or other material that contains a virus, corrupted data or any other harmful or damaging component.
c) Material that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age. Maxfisch.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.
d) Material that is, in Maxfisch.com's view, grossly offensive to the Maxfisch.com Community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence.
e) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity.
f) Material that defames, abuses, or threatens others or is libelous.
g) Material that is invasive of privacy or publicity rights, including posting another person's private information.
h) Material that
2.is contrary to customary standards for material suitable for public display; and
3.lacks serious literary, artistic, political, educational, or scientific value.
i) Use of Participant Web Pages as storage for remote loading, or as a door or signpost to another home page.
j) Creation of a Participant Web Page that contains hyperlinks to content not permitted on Maxfisch.com.
k) Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists a Participant Web Page.
l) Development of Participant Web Pages that restrict access to pages through the use of password protection or other means, other than through services provided by Maxfisch.com.
m) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of Maxfisch.com.
n) Use of Maxfisch.com for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.
o) Acting in a manner that disrupts the flow of normal conversation in a bulletin board or chat room including, but not limited to, the harassment of other Participants, the excessive use of vulgarity, or the use of hate speech.
p) Conduct that is deemed by Maxfisch.com, in its sole and absolute discretion, harmful to Maxfisch.com, any third party content provider, or other individuals.
q) Materials regarding or links to any raffle, contest or game requiring payment of a fee by participants.
r) Any use of a Participant Web Page in connection with "spamming" or the sending of unsolicited messages.
All judgments concerning the application of these guidelines are made at the sole and absolute discretion of Maxfisch.com.
If, in its sole discretion, Maxfisch.com determines that law enforcement officials should be notified regarding any Participant Web Page, Maxfisch.com will provide copies of the Participant Web Page in question to the appropriate officials without notice to the user. Maxfisch.com will cooperate with all law enforcement efforts to locate persons who have posted Participant Web Pages that are illegal or that promote illegal conduct. This may result in Maxfisch.com disclosing to law enforcement officials user information and Internet protocol addresses pursuant to a subpoena or court order or, in circumstances where Maxfisch.com in its sole discretion deems appropriate, at the request of law enforcement officials.
7.Reporting a Violation of these Terms of Service
If you witness a violation of these guidelines, please notify us at firstname.lastname@example.org. Complaints may be investigated by Maxfisch.com but Maxfisch.com is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Maxfisch.com.
It is the policy of Maxfisch.com to respond expeditiously to claims of intellectual property infringement. Maxfisch.com 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, Maxfisch.com 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. Maxfisch.com will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Copyright Agent : Maxfisch.com
Email Address: email@example.com
Please put "Notice of Infringement" in the subject line of all such notifications.
When Maxfisch.com removes or disables access to any material claimed to be infringing, Maxfisch.com may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Maxfisch.com makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Maxfisch.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Maxfisch.com replaces or restores access to any material as a result of any counter notification.
If Maxfisch.com becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Maxfisch.com, preferably by certified mail, of the specific location of the alleged presence of such materials, Maxfisch.com will contact the Participant responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. Maxfisch.com also will alert the Participant that, absent such a response, Maxfisch.com reserves the right to delete the Participant Web Page; and, if the Participant fails to respond within five days, Maxfisch.com will make a decision whether to remove the Participant Web Page. In all cases, if in its sole and absolute discretion, Maxfisch.com concludes that one of the Participant Web Pages violates the rights of any other party, Maxfisch.com reserves the right to delete the offending Participant Web Page at any time without prior notice.
Maxfisch.com will keep confidential all information supplied by you to Maxfisch.com, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
9.Limitations of Liability and Warranty
a) The Participant agrees that the use of the site is entirely at the participant's own risk. The site is provided on an "as is" basis, without warranties of any kind. all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Maxfisch.com disclaims any warranties for the security, reliability, timeliness, and performance of the site. To the fullest extent permitted by law, Maxfisch.com disclaims any warranties for other services or goods received through or advertised on the site or through any links provided on the site, as well as for any information or advice received through the site or through any links provided in the site. Neither Maxfisch.com nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the site.
b) Under no circumstances shall Maxfisch.com be liable to any user on account of that user's use or misuse of the site or reliance on the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if Maxfisch.com has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of the site or reliance on the site, from inability to use the site, or from the interruption, suspension, or termination of the site or services offered on the site (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links provided on the site, as well as by reason of any information or advice received through or advertised on the site or received through any links provided on the site. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the site or any products, services, information, or merchandise that appears on, or is linked or related in any way to Maxfisch.com. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitations shall apply to the fullest extent permitted by law.
c) Maxfisch.com makes no implied or express representations or warranties about the reliability, or accessibility of the participant web pages or the associated storage facilities. Maxfisch.com is not responsible for any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of participant web pages; individual participants are responsible for monitoring and creating backups of their pages, and Maxfisch.com's entire liability, if any, shall not exceed the amount of the participant's most recent participation fee payment.
d) The Participant specifically agrees that Maxfisch.com and third party content providers are not liable for any conduct by Participants associated with the Site, including, but not limited to, Participant Web Pages, Participant Profiles, surveys, chat rooms, or conferencing.
e) Maxfisch.com and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for
1.any errors or omissions arising from the use of such information;
2.any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
3.losses or damages arising from the use of the content or services provided by the Site.
f) Maxfisch.com is not responsible for the delivery of any goods or services sold or advertised through its sponsors, advertisers or its Participants' commercial home pages or affiliate program pages.
g) Maxfisch.com makes available certain information provided by third parties related to various professional fields. Maxfisch.com does not give advice in any such fields and in no way endorses any of the information provided in this manner. If you intend to use any such information, you should carefully re-read capitalized words set forth above, as they will have special importance for you. All information made available through the Site is made available subject to these Terms of Service, including this Section X. Maxfisch.com STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
10.Indemnity and Release
Each Participant agrees to indemnify Maxfisch.com and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from the Participant's use of the Site. This includes, without limitation:
1.Participant's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or servicemarks and
2.Participant's responsibility for any and all liability arising from any libelous or unlawful material contained within Participant Web Pages, profiles, or postings.
By using the Site you are hereby agreeing to release Maxfisch.com and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to Maxfisch.com products and services. You hereby agree to waive all laws that may limit the efficacy of such releases.
11.Choice of Law
This Agreement is entered into in San Francisco, California. You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in San Francisco, California.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Maxfisch.com representatives and each Participant with respect to the subject matter hereof. Maxfisch.com may amend these Terms of Service at any time without notice.
Thank you for taking the time to read the Maxfisch.com Terms of Service and we hope you enjoy our services.
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