TruePoets.us Terms of Service

1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE Welcome to TruePoets.us. 2. DESCRIPTION OF SERVICE TruePoets.us currently provides users with access to various collection of media resources including but not limited to original poetry, music be it audio or videos, movies be in videos or any format, stories, lyrics. You understand and agree that the Service may include advertisements and that these advertisements are necessary for TruePoets.us to provide the Service. You also understand and agree that the service may include certain communications from TruePoets.us, such as service announcements, administrative messages and the TruePoets.us Newsletter, and that these communications are considered part of TruePoets.us membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TruePoets.us properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TruePoets.us assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and agree that you the user are _solely responsible for all necessary equipment required to access any of all of the services provided by TruePoets.us. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) 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 TruePoets.us has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TruePoets.us has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). TruePoets.us is concerned about the safety and privacy of all its users, particularly children. For this reason, permission to access the site must be given by "you" the parent or any legal guardian of that minor using the service. You understand and agree that "you" the parent or legal guardian of the child is responsible for any incidences occuring from the use of the service either intentionally or unintentionally, directly or indirectly,suggested or implied, and will be held liable for any damages as a result of the use of the service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child. 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TruePoets.us 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. TruePoets.us cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 5. EXCEPTIONS In the event that you choose not to register, sections 3 and 4 does not apply to you in its strict sense. However, should you choose to participate in forums, boards, or any other forms of communication, you are held responsible for your matterial(s). Should TruePoets.us have grounds to suspect illegal transmition without proper due credit, TruePoets.us reserves the right to band IP addresses of those individuals. Matterials reflecting offensive behavior or of discriminatory nature will also be subjected to the banding of IP addresses. TruePoets.us is the soul entity in defining materials that are illegal, harmful, discriminatory, offensive, or in any means disruptive of the server or against another individual. In such cases, decisions of TruePoets.us are final. If you feel that a decision has been made against you injustly, you may appeal to the owner of TruePoets.us at the webmaster. 6. MEMBER CONDUCT 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 TruePoets.us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TruePoets.us does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TruePoets.us 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 Service. You agree to not use the Service to:
a.	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;
b.	harm minors in any way;
c.	impersonate any person or entity, including, but not limited to, a TruePoets.us 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 Service including but not limited to masking your IP with the intent to directly or indirectly harm, impeed or jepordize the stability of the server whether electronically or physically, cause damages to the server or to any members or non-registered user of this service;
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, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.	interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k.	intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S.
l.	"stalk" or otherwise harass another; or
m.	collect or store personal data about other users.

You acknowledge that TruePoets.us does not pre-screen Content, but that TruePoets.us shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TruePoets.us shall have the right to remove any Content that violates the TOS or is otherwise 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 TruePoets.us or submitted to TruePoets.us, including without limitation information in TruePoets.us Message Boards, TruePoets.us Members Area, and in all other parts of the Service.

You acknowledge and agree that TruePoets.us 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 TruePoets.us, its users and the public.

You understand that the technical processing and transmission of the Service, 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. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

TruePoets.us does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TruePoets.us the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of TruePoets.us Members Areas and TruePoets.us Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific TruePoets.us Members Area or TruePoets.us Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TruePoets.us removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than TruePoets.us Members Areas or TruePoets.us Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TruePoets.us removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than TruePoets.us Members Areas or TruePoets.us Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the TruePoets.us network of properties that are intended by TruePoets.us to be available to the general public. By way of example, publicly accessible areas of the Service would include TruePoets.us Message Boards and portions of TruePoets.us Members Areas and TruePoets.us Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of TruePoets.us Members Areas and TruePoets.us Groups that are limited to members, TruePoets.us services intended for private communication such as TruePoets.us Mail or TruePoets.us Chats, or areas off of the TruePoets.us network of properties such as portions of World Wide Web sites that are accessible through TruePoets.us Webring but are not hosted or served by TruePoets.us.

8. INDEMNITY You agree to indemnify and hold TruePoets.us, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.9. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, materials found on TruePoets.us web site including but not limited to poetry, stories, music, movies, pictures, software,use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TruePoets.us may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TruePoets.us's web site on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TruePoets.us has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TruePoets.us reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TruePoets.us reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE TruePoets.us reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TruePoets.us shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION You agree that TruePoets.us may, under certain circumstances and without prior notice, immediately terminate your TruePoets.us account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your TruePoets.us account includes (a) removal of access to all offerings within the Service, including but not limited to TruePoets.us Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in TruePoets.us's sole discretion and that TruePoets.us shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TruePoets.us shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TruePoets.us has no control over such sites and resources, you acknowledge and agree that TruePoets.us is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TruePoets.us shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. truepoets.us EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. TruePoets.us MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TruePoets.us OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TruePoets.us SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TruePoets.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. NOTICE
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION TruePoets.us, the TruePoets.us logo, terms, design, marks, and other TruePoets.us logos and product and service names are trademarks of TruePoets.us Inc. (the "TruePoets.us Marks"). Without TruePoets.us's prior permission, you agree not to display or use in any manner, the TruePoets.us Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
TruePoets.us respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TruePoets.us's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site;your address, telephone number, and email address; 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;a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By email:COMPLAINT BR>24. GENERAL INFORMATION The TOS constitute the entire agreement between you and TruePoets.us and govern your use of the Service, superceding any prior agreements between you and TruePoets.us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TruePoets.us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TruePoets.us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of TruePoets.us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to our MemberSupport group.
Copyright � 2003 TruePoets.us Inc. All rights reserved.