THINK PIG Use Policy.
USE POLICY
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ACCEPTABLE USE POLICY AGREEMENT
By using any Service (as defined below) and/or Content (as defined below) provided by or through THINKPIG.US, you accept and agree to be legally bound by and comply with all of the following (collectively this "Policy"):
(a) the terms and conditions set forth below;
(b) the Digital Millennium Copyright Act statement, which can be found at http://thinkpig.us/DMCA-statement; and
(c) the THINKPIG.US Privacy Policy, which can be found at http://thinkpig.us/privacy-policy
As used herein, the term "Service" or "Services" means any and all Internet-related services provided by or through thinkpig.us such as bulletin boards; the term "Content" means any and all information, data, material, text, images, video, audio, and software provided by or through thinkpig.us; and the term "User" or "Users" means any person who accesses or uses any Service or Content.
If you do not agree to any provision of this Policy, please do not access or use any Service or Content. THINKPIG.US reserves the right, at its sole discretion, to update or revise this Policy. Please check this Policy regularly. Your continued use of any Content or Service following the posting of any changes to this Policy constitutes your acceptance of such changes.
Any violation of this Policy may result in civil or criminal liability, and THINKPIG.US may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. THINKPIG.US reserves the right to terminate or move material, information, messages or communications that, in THINKPIG.US's sole discretion, may be illegal, or that may subject THINKPIG.US to liability or that may violate this Policy.
THINKPIG.US may investigate any suspected or alleged violation of this Policy and cooperate with the law, law enforcement authorities and/or third parties in such investigation.
1. Prohibited Use: THINKPIG.US does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to reportabuse@thinkpig.us. Without limiting the generality of the foregoing, THINKPIG.US specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
(e) Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;
(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(g) Falsifying User information;
(h) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters";
(i) Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by THINKPIG.US.
(j) Sending unsolicited email that could be expected, in THINKPIG.US's sole discretion, that may provoke complaints;
(k) Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
(l) Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
(m) Relaying email in an anonymous fashion, relaying email from any third party's mail servers without that third party's permission, or using similar techniques to hide or obscure the source of the email;
(n) Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
(o) Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
(p) Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, "denial of service" attacks against another system or network host or another User;
(q) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(r) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(s) Reselling or attempting to resell any Service without THINKPIG.US's prior authorization;
(t) Using any Service to violate another Internet service provider's acceptable use policy and/or terms of service;
(u) Using data “bots” or other hard- or software devices for data scraping or other activity on or in connection with the THINKPIG.US website and Service; and
(v) Any other uses of any Service that THINKPIG.US determines, in its sole discretion, are illegal, abusive, harmful or improper.
2. Proprietary Rights.
(a) You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, service marks, patents, trade secrets, or other proprietary rights (collectively, "Proprietary Rights"). Except as expressly authorized by THINKPIG.US, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content; and when expressly authorized by THINKPIG.US. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of THINKPIG.US is prohibited. In addition, use of any Content for any purpose not expressly permitted in this Policy is prohibited.
(b) You acknowledge that in the event of any claim for infringement of your Proprietary Rights against another User(s), you expressly waive your right to bring any claims against THINKPIG.US as a direct or contributory infringer of those Proprietary Rights or any other rights you believe to have been infringed by any User(s) or third party/ies associated with the Service.
3. THINKPIG.US Service Marks. "THINKPIG.US Service Marks" means all names, marks, brands, logos, designs, trade dress and other designations that THINKPIG.US uses in connection with its web site. You may make reference to THINKPIG.US Service Marks, but only if your reference is truthful and not misleading and complies with the then current THINKPIG.US Service Marks policies. You may not remove or alter any THINKPIG.US Service Marks. You acknowledge THINKPIG.US's rights in THINKPIG.US Service Marks and agree that any and all use of THINKPIG.US Service Marks shall inure to the sole benefit of THINKPIG.US. You agree not to incorporate any THINKPIG.US Service Marks into your marks, names, logos, domain names, links or designations.
4. Third Party Sites. THINKPIG.US provides links to third party sites for your convenience only. THINKPIG.US does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will THINKPIG.US be liable in any way for any information or material contained in any third party sites linked to or from its site. THINKPIG.US is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
Third Party Marks. All other trademarks and service marks appearing on THINKPIG.US's web site are the property of their respective owners.
6. Postings or submissions by Users. By posting or submitting any material to THINKPIG.US's website, you grant to THINKPIG.US and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, distribute for evaluation and review the material consistent with the screenplay submission policy hereof and to allow THINKPIG.US to promote your membership herein (but not your submitted material) worldwide in any media. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of our site, your information may be seen and used by any other visitor to such public areas and the THINKPIG.US cannot monitor nor be responsible to you or any third parties as a result of such uses. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by THINKPIG.US will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold THINKPIG.US and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any material posted or submitted by you. THINKPIG.US reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you. Additionally, by using the THINKPIG.US website and Service, you expressly agree to abide by the rules governing Proprietary Content as set fourth in Section 2, above.
7. Identity of Readers and Professional Members. The THINKPIG.US strives to maintain and keep as confidential the identities of its Readers and Professional Members (industry professionals). A Reader / Professional Member may choose to expressly waive the confidentiality of their identity, within their sole and exclusive discretion.
8. Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content or as a result of the use of any Service or by any user, please read our Digital Millennium Copyright Act statement for instructions at http://thinkpig.us/legal/dmca_statement.
9. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THINKPIG.US DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION THAT YOU SHARE WITH THINKPIG.US IS OF THE UTMOST IMPORTANCE TO THINKPIG.US. UNFORTUNATELY, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE THINKPIG.US STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU DO SO AT YOUR OWN RISK.
10. Limitation of Liability. IN NO EVENT SHALL THINKPIG.US OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR THE MISUSE (BY YOU OR OTHERS) OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT THINKPIG.US OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, THINKPIG.US'S AND ITS SUBCONTRACTOR'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
a. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS HEREUNDER.
11. Indemnification of THINKPIG.US. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THINKPIG.US AND ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT OR YOUR VIOLATION OF ANY PROVISION OF THIS POLICY. THINKPIG.US RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH THINKPIG.US IN ASSERTING ANY AVAILABLE DEFENSES.
12. International Use. THINKPIG.US makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and at your own risk, and are solely responsible for compliance with local laws.
13. Use of Software. The use of any software provided on THINKPIG.US's web site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with THINKPIG.US and/or its licensors; (c) except as expressly permitted in this Policy or by law you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse-engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark, service mark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that THINKPIG.US provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) you acknowledge and agree that the Software is provided "AS IS" and "AS AVAILABLE," without warranties of any kind and to the extent permitted by law, THINKPIG.US disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement; (j) in no event shall THINKPIG.US be liable for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with your use or misuse of the Software; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold THINKPIG.US and any of its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; and (l) THINKPIG.US reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
14. In the event that a dispute arises pursuant to your use of the THINKPIG.US website and Service and/or otherwise in connection with the terms of this Use Policy or the Privacy Policy, it is agreed that all such disputes shall be resolved through binding arbitration as set forth fully below. As you likely know, arbitration is a process by which both parties to a dispute agree to submit the matter to a judge or other arbitrator who has expertise in the area and to abide by the arbitrator’s decision. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review unless the parties provide otherwise in writing. Rules of evidence and procedure are often less formal and rigid than in a trial before a court or jury. Arbitration may result in a decision much more quickly than proceedings in court, and the attorneys’ fees and costs incurred by both sides may be substantially less. Because by agreeing to arbitrate you will be giving up the right to a jury trial and other rights, we encourage you to discuss the advisability of arbitration with other counsel or any of your other advisors and to ask any questions of us or them that you may have.
It is agreed that any and all disputes, claims or controversies that cannot be resolved informally through discussion arising out of or relating to this Use Policy, the Privacy Policy, or to the website and Service, including but not limited to those relating to our membership fees or the quality or appropriateness of our services, will be resolved by final and binding arbitration before ADR Services, Inc. (“ADR”), conducted in accordance with the California Arbitration Act. The arbitration will be conducted at a location determined by the arbitrator in Los Angeles, California, and shall be administered in accordance with ADR’s Arbitration Rules (a copy of such rules is available for review at http://www.adrservices.com/services/arbitration-rules/). In rendering the award, the arbitrator shall determine the rights, obligations and defenses of the parties according to the substantive and procedural laws of California, which shall be deemed to include, without limitation, application of any statute of limitations defense relating to “actions” between parties. The California Discovery Act will apply to the arbitration. The arbitrator shall have no power to commit errors of law or legal reasoning, and the arbitration award may be vacated or corrected by a court of competent jurisdiction for any such error. Judgment on any arbitration award may be entered by any court of competent jurisdiction.
BY USING THE SERVICES AND CONTENT PROVIDED THROUGH THINKPIG.US, YOU ACKNOWLEDGE AND CONFIRM THAT YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, AMONG OTHER THINGS, YOU ARE GIVING UP (I) THE RIGHTS TO A JURY TRIAL AND (II) VIRTUALLY ANY RIGHT TO APPEAL THE AWARD OF THE ARBITRATOR, EXCEPT AS SPECIFIED ABOVE.
ACCEPTABLE USE POLICY
THINKPIG.US and THINK PIG FACTORY are services marks of the THINK PIG, LLC or its affiliates.
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Copyright Notice
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Miscellaneous
Your visit to this site and use of the information thereon is subject to the terms of our Acceptable Use Policy. Please review our Privacy Policy.
Last updated on May 25, 2020
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