TBN FORUMS LLC, TheBackNine.us and Back9.us Forums Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
TBN Forums LLC (“back9.us or thebacknine.us”) provides access to various Forums to enable visitors to exchange ideas and information services. The forums are available on www.thebacknine.us or other URLs (the “Forums”).
Required Registration
The information posted in the Forums can be viewed by any person. However, to post or contribute to these Forums, you must be a Member and set up a Forums profile. After you have been authenticated as a member, you will be prompted to set up a Forums profile. By checking the box and clicking “I Accept,” you acknowledge that you have read and understood these Terms & Conditions and that you agree to be bound by all of its provisions. TBN Forums LLC reserves the right to change these Terms & Conditions from time to time. By continuing to use the Forums after TBN Forums LLC posts any changes, you accept and agree to the Terms & Conditions, as modified.
You agree that all information that submitted at registration is accurate and it is your responsibility to keep that information current. If TBN Forums LLC has reasonable grounds to believe that the registration data is untrue, inaccurate or incomplete, TBN Forums LLC may suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Forums site accessed through your account information.
Authority
The Forums are intended for use by adults at least 40 years of age or older. Persons who are at least 39 years of age, but under the age of 18, may not use our Forums regardless of legal parental or guardian consent. Accordingly, you represent that you are at least 40 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms & Conditions.
Limitations on Use
Except as otherwise indicated, the Forums website is geared towards users of TBN Forums LLC products and services. You may download material displayed on the site for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the site for public or commercial purposes, including the text, images, audio and video without the permission of TBN Forums LLC. You may not make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the website, including without limitation, the assets or website content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by these Terms & Conditions. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from TBN Forums LLC or their owner. Of course, you are free to encourage others to access the information themselves on this site and to tell them how to find it.
No Unlawful or Prohibited Use
You agree that you will not use the sites or material for any purpose that is unlawful or prohibited by these Terms & Conditions. You will not: 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. You will not 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. As the provider of the site, TBN Forums LLC is merely providing a forum and is not liable for any statements, representations, or content provided by site users. Any opinions, advice or recommendations expressed therein are those of the users providing such content and not necessarily those of TBN Forums LLC. TBN Forums LLC may not agree or endorse any content or any opinion, recommendation or advice expressed therein, except those provided by an authorized TBN Forums LLC representative. It is not the intent of TBN Forums LLC to discourage visitors from taking controversial positions or expressing vigorously what may be unpopular views, however, TBN Forums LLC reserves the right to take such action as TBN Forums LLC deems appropriate in cases where the site is used to disseminate statements that are harmful or inflammatory. You agree not to use the web sites, materials, services or activities to “stalk” or otherwise harass or harm another person. You agree not to impersonate any person or entity, including, but not limited to, a TBN Forums LLC official, Author or contributor, or falsely state or otherwise misrepresent an affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities. You further agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the web site or materials, or 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 duty. You agree not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You shall not 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. You shall not use the Forums sites or materials in any manner that could damage, disable, overburden, or impair any TBN Forums LLC servers, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the web site or materials or interfere with any other party’s use and enjoyment of the web sites or materials. You will attempt to gain unauthorized access to any web site or material, other accounts, computer systems or networks connected to any TBN Forums LLC server or materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the web sites or materials. You agree not to intentionally or unintentionally violate any applicable local, state, national or international laws. If it is determined that you have violated any of these terms, you may be barred from accessing the site and TBN Forums LLC may pursue any remedies available to us.
License and Release of Submissions to TBN Forums LLC
All information posted by you on the Forums site, including without limitation, ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed TBN Forums LLC services or products (collectively referred to as “Submitted Material”), may be used by TBN Forums LLC for any purpose. You grant to TBN Forums LLC a perpetual, worldwide, irrevocable, unrestricted, transferable, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to TBN Forums LLC the right, in its sole discretion, to use your username in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that TBN Forums LLC is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You further agree that you shall have no recourse against TBN Forums LLC or its affiliates and each of their respective officers, agents, employees and independent contractors (collectively, “TBN Forums LLC Parties”) for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to TBN Forums LLC, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all “moral rights” in such materials. You agree that the materials submitted fully comply with these Terms & Conditions, including that Submitted Materials are original and accurate and do not violate the rights of any third party or applicable law or ordinance. By posting in the Forums, you acknowledge and agree that: (a) you are the owner of or otherwise control the Submitted Material; (b) Submitted Materials do not contain confidential or proprietary information; (c) TBN Forums LLC is not under any obligation of confidentiality, express or implied, with respect to the Submitted Materials; (d) TBN Forums LLC shall be entitled to use or disclose (or choose not to use or disclose) such Submitted Materials for any purpose, in any way, in any media worldwide; (e) TBN Forums LLC may have something similar to the Submitted Materials already under consideration or in development, (f) you irrevocably assign to TBN Forums LLC all rights to your contributions; and (g) you are not entitled to any compensation, credit or notice whatsoever with respect to the Submitted Materials from TBN Forums LLC or TBN Forums LLC Parties, under any circumstances. You waive the right to make any claim against TBN Forums LLC or all TBN Forums LLC Parties, relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
The license shall also permit TBN Forums LLC or any of TBN Forums LLC Parties to use portions of the materials you submit, re-record or modify, rewrite any materials you submit, and/or incorporate other materials, either created by TBN Forums LLC or all TBN Forums LLC Parties or licensed from third parties, with the materials you submit. Any such works shall be deemed materials owned by TBN Forums LLC and shall not be subject to your approval or payment by TBN Forums LLC of any compensation to you.
Enforcement
TBN Forums LLC will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. TBN Forums LLC will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
Proprietary Rights and License to Use
All materials on the site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content.
Ownership
You acknowledge and agree that TBN Forums LLC owns all legal rights, title and interest in and to the materials and web sites, including any TBN Forums LLC trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without TBN Forums LLC prior written permission. Except as expressly provided herein, TBN Forums LLC does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Images of people or places displayed by TBN Forums LLC on the site are either the property of, or used with permission by TBN Forums LLC. The use of these images by you or other visitors is prohibited unless specifically permitted by these Terms & Conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by TBN Forums LLC and is not clearly identified as, or intended, for a visitor’s use, including without limitation the organization, design, compilation, and “look and feel” of the Website, and advertising thereon (“Website Content”). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of TBN Forums LLC. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
Indemnification
You agree to indemnify, defend and hold harmless TBN Forums LLC and all TBN Forums LLC Parties, from any claim or demand, including reasonable attorneys’ fees, made by any third party against TBN Forums LLC due to or arising out of content you submit, post, transmit or otherwise make available through the web sites or materials, your use of the Forums sites or materials, your violation of these Terms & Conditions, or your violation of any rights of another.
Disclaimer of Warranties
TBN FORUMS LLC AND ANY SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TBN FORUMS LLC MAKES NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.
Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of TBN Forums LLC, or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of TBN Forums LLC.
Third Party Sites and Developers
TBN Forums LLC may include links to third party web sites (“Third Party Sites”) on the Forums site. TBN Forums LLC may also enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by TBN Forums LLC through its developer platform. The Site may include links to third-party sites, which are not under TBN Forums LLC control, and you may access them at your own risk. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by TBN Forums LLC or any TBN Forums LLC Parties of those websites or the contents therein. In order to use certain features of the site, you may be required to install or use equipment and software at your own risk. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it. TBN Forums LLC is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. TBN Forums LLC also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk. You agree that use of any Platform Applications is on an “as is” basis without any warranty as to the Platform Developer’s actions, and that these Terms & Conditions do not apply to your use of any Third Party Site or Developers.
Third Party Products and Services
Parties other than TBN Forums LLC may offer and provide products and services on or through the sites. Except for TBN Forums LLC branded information, products or services that are identified as being supplied by TBN Forums LLC, TBN Forums LLC does not operate, control, or endorse any information, products, or services on the sites or accessible through the sites in any way. TBN Forums LLC is not responsible for examining or evaluating, and TBN Forums LLC does not warrant the offerings of, any of these businesses or individuals or the content of their websites. TBN Forums LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Under no circumstances will TBN Forums LLC or any of TBN Forums LLC Parties be liable in any way for any third party content provided or linked to, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. You must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the web sites or material are subject to these terms of use and any other program and site specific terms.
Use of Cookies
TBN Forums LLC will use cookies to customize the Forums for returning visitors. These cookies remain on your computer and are automatically retrieved when you visit the site at a later time. These cookies contain only information concerning the type of computer and frequently visited pages. No other personally identifiable information is stored on cookies. You may disable cookies on your computer. Please be advised that disabling cookies may affect user functionality, but the design of the site generally allows access to most offerings for users who have disabled cookies.
General Practice Regarding Use and Storage
TBN Forums LLC may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that messages, message board postings or other uploaded content will be retained by the Site, the maximum number of messages that may be sent from or received by an account on the Site, the maximum size of any message that may be sent from or received by an account on the Site, and the maximum number of times (and the maximum duration for which) a visitor may access the Site in a given period of time. Your use of this Site constitutes your consent to allow TBN Forums LLC to store electronic communications on its servers. You agree that TBN Forums LLC 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 Site. You acknowledge that TBN Forums LLC reserves the right to terminate accounts that are inactive for an extended period of time. TBN Forums LLC reserves the right to modify these general practices and limits from time to time.
Geographical Restrictions
Unless expressly and specifically stated otherwise on the Site, TBN Forums LLC provides this Site for use only by persons located within the United States. Any such international websites will be governed by their own terms of use and privacy policies and not by these Terms & Conditions.
