1. Acceptance of Terms.
Welcome to Tauntr!
2. Description of Service.
Tauntr is a satirical website that provides users with a forum to create and exchange light-hearted jokes, taunts, insults, and other parodies related to professional and college sports. We poke fun at teams, players, schools, and everyone associated with sports. You shouldn’t consider any Content or information that you receive through the Tauntr Service to be true, accurate, or factual in any way. In other words, you shouldn’t believe anything you read or see on the Tauntr Service, and any resemblance to any person, real name, or likeness, is accidental, coincidental, and/or satirical. The Content and information available on the Tauntr Service and the views expressed through the Tauntr Service do not and should not be understood to represent the views or beliefs of Tauntr management or its employees.
3. Access to Content.
4. Registration and Privacy.
Some features of the Tauntr Service will require you to register and/or provide certain information about yourself, such as an email address or personally identifiable information. In consideration of the use of the Tauntr Service, when you registering or provide such information and data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Tauntr registration forms ("Registration Data"); (b) that you are at least 18 years of age; and (c) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tauntr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tauntr has the right to suspend or terminate your account and refuse any and all current or future use of the Tauntr Service.
For those portions of the Tauntr Service that require registration, upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and name, and are fully responsible for all activities that occur under your password or name. You agree to (a) immediately notify Tauntr of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tauntr cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Tauntr may also suspend or terminate any user account for any service because of user inactivity. For example, a Tauntr account may be terminated or suspended if a user fails to sign-in to the Tauntr Service for an extended period of time. What is considered "user inactivity" varies and shall be in Tauntr’s sole discretion. If one of your accounts is suspended or terminated for inactivity, your right to use such Tauntr Service immediately ceases. Tauntr users who pay a premium for the Tauntr Service (the “Premium Members”) will not be suspended or terminated provided payment continues to be received by Tauntr when due.
6. Member Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tauntr, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Tauntr Services. Tauntr does not control the Content posted via the Tauntr Service and therefore does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Tauntr Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tauntr be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Tauntr Services.
You agree to not use the Tauntr Services to:
i. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a Tauntr official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Tauntr Service;
v. 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);
vi. 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;
vii. 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 that may be designated for such purpose;
viii. 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;
ix. interfere with or disrupt the Tauntr Service or servers or networks connected to the Tauntr Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Tauntr Service, including using any device, software or routine to bypass our robot exclusion headers;
x. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
xi. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
xii. "stalk" or otherwise harass another; and/or
xiii. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You understand that the Tauntr Service, Content, and software embodied within the Tauntr Service may include security components that permit digital materials to be protected, and that your use of these materials is subject to any rules set by Tauntr and/or content providers who provide Content to the Tauntr Service. You may not attempt to override or circumvent any of the usage rules embedded into the Tauntr Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content or materials provided on the Tauntr Service, in whole or in part, is strictly prohibited.
7. Content Submitted or Made Available for Inclusion on the Tauntr Services.
8. Tauntr’s Proprietary Rights.
The Tauntr Service and any software used in connection with the Tauntr Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. Content contained in advertisements or information presented to you through the Tauntr Service or by advertisers is also protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Tauntr or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Tauntr Service, such Content or the Software, in whole or in part, by any means.
Tauntr grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software for non-commercial, personal, entertainment use on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Tauntr Service in a manner that sends more request messages to the Tauntr servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Tauntr Service. You agree not to access the Tauntr Service by any means other than through the interface that is provided by Tauntr for use in accessing the Tauntr Service.
9. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
Tauntr respects the intellectual property of others. Tauntr does not, however, independently confirm that all Content made available through the Tauntr Service is provided by a valid rights holder. In the event that Tauntr becomes aware that Content published on or through the Tauntr Service has been provided by a person who is not a valid rights holder, Tauntr may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located or found on the Website or Service;
iv. your address, telephone number and, if available, an email address;
v. 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; and
vi. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Tauntr’s Copyright Agent by mail, fax or email as follows:
c/o Copyright Agent
[46 Plympton Street]
By Fax: [617-728-0041]
By Email: [firstname.lastname@example.org]
If your claim or notice does not include all of this information, we will not be required to comply with your request. Similarly, we will not comply with requests to remove Content if you cannot prove that you own the copyright in the content in question.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any Content or material on the Tauntr Service is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney who is knowledgeable in this area of the law.
Please also note that a copy of each legal notice we receive may be sent (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication.
We also reserve the right to publish your letter on the Tauntr Service.
10. Disclaimer of Warranties.
TAUNTR AND THE TAUNTR SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 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, TAUNTR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TAUNTR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TAUNTR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TAUNTR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TAUNTR SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE TAUNTR SERVICE OR THROUGH ANY LINKS PROVIDED IN THE TAUNTR SERVICE. TAUNTR SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE TAUNTR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAUNTR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE TAUNTR SERVICE. TAUNTR DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. TAUNTR DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE TAUNTR SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. TAUNTR MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY TAUNTR.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TAUNTR SERVICE 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 MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TAUNTR OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE TAUNTR SERVICE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TAUNTR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TAUNTR SERVICE, FROM INABILITY TO USE THE TAUNT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TAUNTR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TAUNTR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TAUNTR SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE TAUNTR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TAUNTR SERVICE. 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 TAUNTR SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE TAUNTR NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL TAUNTR OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IF, NOTWITHSTANDING THESE LIMITATIONS OF LIABILITY, TAUNTR IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU IN ANY WAY, IN NO EVENT SHALL TAUNTR’S LIABILITY EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO TAUNTR DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) FIFTY DOLLARS ($50.00).
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13. General Information.
d) No Right of Survivorship and Non-Transferability. You agree that your Tauntr account is non-transferable and any rights to your Tauntr username and password or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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