You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ConstantChatter, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Message Board. ConstantChatter does not control the Content posted via the Message Board and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Message Board, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ConstantChatter be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Message Board.
You agree to not use the Message Board to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
This item includes the posting of links to MP3 files of studio recordings produced for commercial sale where the artist is signed to an RIAA-affiliate record label; sound or video recordings of live performances where the artist or label has expressed any desire for such recordings to not be distributed; software or other digital products intended for sale.
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a ConstantChatter representative official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Message Board;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges of Content;
j. interfere with or disrupt the Message Board or servers or networks connected to the Message Board, or disobey any requirements, procedures, policies or regulations of networks connected to the Message Board;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that ConstantChatter does not pre-screen Content, but that ConstantChatter and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Message Board. Without limiting the foregoing, ConstantChatter and its designees shall have the right to remove any Content that violates the TOS or is otherwise determined to be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ConstantChatter or submitted to ConstantChatter, including all parts of the Message Board.
You understand that any Content you post becomes the property of ConstantChatter and you acknowledge and agree that ConstantChatter may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ConstantChatter, its users and the public.
You understand that the technical processing and transmission of the Message Board, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.