MyForums Terms and Conditions
Thank you for choosing MyForums.
Before you can use the MyForums service, you need to read and agree to the MyForums Terms and Conditions (“Terms and Conditions”), including any future amendments (collectively, the "Agreement"):
We recommend you to read these Terms and Conditions with due care so that you are aware of your rights and obligations when you make use of the MyForums service. By using the MyForums service in any way whatsoever, you accept to being bound to these Terms and Conditions.
While we may attempt to notify you when major changes are made to Terms and Conditions, you should periodically review the most up-to-date version (http://www.myforums.net/terms.php). MyForums may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. It is therefore sensible to view these Terms and Conditions regularly. If you do not accept and abide by this Agreement, you may not use the MyForums service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service. MyForums is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You will be responsible for all activities occurring on the forum(s) you request, including activities occurring without your knowledge of consent by third parties visiting your forum(s). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. MyForums disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. MyForums also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You must be at least thirteen (13) years of age to use the Service. MyForums reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you are responsible for any posts made by third parties on all forum(s) that you request at MyForums. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and any and all applicable export control laws. Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to penalties and other legal consequences. MyForums reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content of MyForums.net and its subdomains -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. MyForums does not monitor the content of MyForums.net and its subdomains, and takes no responsibility for such content. Instead, MyForums merely provides access to such content as a service to you. MyForums is not liable for the acts or omissions of other users including the files, data and/or materials they make available on the MyForums service. Therefore MyForums does not give warranties with regard to the contents of files, data and/or materials provided by users. By their very nature, MyForums.net and its subdomains may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using MyForums.net. MyForums does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. Privacy. You agree that MyForums may access or disclose your personal information, including the content of your communications, if MyForums is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms and Conditions. Personal information collected by MyForums may be stored and processed in the Netherlands or any other country in which MyForums or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage. You agree that MyForums has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. MyForums retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service. MyForums takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does MyForums have any obligation to monitor such third-party content. MyForums reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MyForums also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of MyForums, its users and the public. MyForums will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Your Intellectual Property Rights. MyForuns claims no ownership or control over any Content submitted, posted or displayed by you on or through MyForums services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through MyForums services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through MyForums services which are intended to be available to the members of the public, you grant MyForums a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on MyForums services for the purpose of displaying and distributing MyForums services. MyForums furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
7. No Resale of the Service. Unless expressly authorized in writing by MyForums, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Publicity. Any use of MyForums’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "MyForums" and "MyForums.net" must be in compliance with this Agreement and in compliance with Google's then current Brand Features use guidelines.
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to MyForums to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. MyForums may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify MyForums, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MyForums will provide you with written notice of such claim, suit or action.
12. Entire Agreement. This Agreement constitutes the entire agreement between you and MyForums and governs your use of the Service, superseding any prior agreements between you and MyForums. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyForums services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of MyForums to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of MyForums services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms and Conditions will be governed by and construed in accordance with the laws of the Netherlands. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Netherlands, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please email info@myforums.net for information on how to file or respond to a notice of infringement. Include the text “DMCA Copyright Infringement” at the start of the email subject.