Welcome to Lefora's fourm hosting service. Lefora offers various web-based services that allow users to create forums, post messages, upload files, and participate in online discussions. The service is owned and operated by Team Awesome Productions, Inc. These services may be used through a web browser. Please read the following Terms of Use (the "TOU") carefully before using this Site, opeing a Lefora membership account (an "Account") or using the Services (the "Services" or the "Software") so that you are aware of your legal rights and obligations with respect to Lefora and its affiliates and subsidiaries (collectively, "we," "us," "our," or "Lefora"). By using this Site or the Services, you signify your irrevocable acceptance of this TOU.
Lefora reserves the right to update and change the TOU from time to time without notice or acceptance by you.
Lefora grants you a limited license to access and use the Site subject to the terms and conditions of this TOU. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), except as may otherwise be permitted herein from time to time.
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Lefora's trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Lefora's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Lefora name, trademark, URL, or product name without Lefora's express written consent.
All materials transmitted or published by Lefora on this Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by Lefora, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOU is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site, the Services or the Software) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Lefora to provide the Services. Unless explicitly stated otherwise, any new features, updates or upgrades that augment or enhance the Software and/or Services, including the release of new Lefora properties, shall be subject to this TOU and other Terms of Service, as applicable. You agree not to access the Services by any means other than through the interfaces that are provided by Lefora for use in accessing the Services.
In order to use portions of this Site, the Software and/or the Services, you must register with Lefora to open an Account. As part of the registration process, you will select a user name and password for your Account. You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use a user name that Lefora, in its sole discretion, deems inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this TOU regarding your Account. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your password or account You agree to (a) immediately notify Lefora 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. Lefora cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Services under your user name and password.
In consideration of use of this Site and the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lefora has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lefora has the right to suspend or terminate your Account and refuse any and all current or future use of this Site, the Software and/or the Services (or any portion thereof).
Registering an Account for certain features of the Services may require the submission of a credit card number as well as other information such as your email address or mailing address.
You agree Lefora, in its sole discretion, may terminate your password, and/or Account, and remove and discard any Content within this Site or the Services for any reason, including, without limitation, the lack of use, or if Lefora believes that you have violated or acted inconsistently with the letter or spirit of this TOU or any additional Terms of Service. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at Lefora's discretion, will be terminated as well. Lefora may also in its sole discretion and at any time, discontinue providing this Site, the Software and/or the Services, or any part thereof, with or without notice. You agree that any termination of your access to this Site, the Software or Service under any provision of this TOU or any additional Terms of Service may be effected without prior notice, and acknowledge and agree that Lefora may immediately deactivate or delete your Content, as applicable, and all related information and files. Lefora reserves the right to bar any further access to such files, this Site, the Software or the Services. You agree that Lefora shall not be liable to you or any third-party for any termination of your access to this Site, the Software or the Services. Paid Accounts that are terminated will not be refunded.
All user information submitted to register an Account and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOU by reference.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Lefora, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this Site or the Services. Lefora does not control the Content posted via this Site or the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user posting any Content represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations.
You understand that by using this Site or the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lefora 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, transmitted or otherwise made available via this Site or the Services. You acknowledge that Lefora does not pre-screen Content, but that Lefora and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site or the Services. Without limiting the foregoing, Lefora and its designees shall have the right to remove any Content that violates this TOU 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 Lefora or submitted to Lefora. You acknowledge and agree that Lefora 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 this TOU or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Lefora, its users and the public.
You understand that the technical processing and transmission of the Software and the Services, and Content you have submitted through the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Lefora's sole discretion as to what action should be taken.
You agree that you will not:
If any user is reported to be in violation with the letter or spirit of this TOU or any Terms of Service, Lefora retains the right to terminate such account at any time without further warning.
With respect to any additional Software that may be made available by Lefora, including in connection with this Site or the Services, if you elect to download or access such additional Software, you understand that you may have to agree to additional terms and conditions before you use such Software.
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.
Lefora does not claim ownership of the Content you upload, place or post through this Site or the Services. By uploading, placing or posting Content through this Site or the Services, you grant Lefora a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting such Content on Lefora's Internet properties. This license exists only for as long as you continue to be a Lefora customer and shall be terminated at the time your Account is terminated. You acknowledge that Lefora does not pre-screen Content, but that Lefora and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Lefora and its designees shall have the right to remove any Content that violates this TOU 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.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site or the Services, 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 Lefora 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 this Site or the Services.
This Site or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lefora has no control over such sites and resources, you acknowledge and agree that Lefora 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 Lefora 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.
You agree to indemnify and hold Lefora, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of this Site, the Software or the Services, your connection to this Site or the Services, your violation of this TOU or any additional Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using this Site, the Software or the Services, including, but not limited to, costs incurred for Internet access.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express permission by Lefora.
You acknowledge that Lefora may establish general practices and limits concerning use of this Site, the Software or Services and may modify such practices and limits from time to time.
Lefora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site, the Software and/or the Services (or any part thereof) with or without notice at any time. You agree that Lefora shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site, the Software and/or the Services.
Lefora may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Lefora to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
If you believe that material on any Web site operated by Lefora violates your copyright, you may send Lefora a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:
Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Your written copyright infringement notice must be sent to Lefora's designated copyright agent via mail or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email.
After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, Lefora is required to:
If material from your account has been removed or disabled by Lefora after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, you may ask that the material be restored by sending Lefora a counter notification. Section 512(g) of the Copyright Act requires that your counter notification must be in writing and must include substantially all of the following:
Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Your written counter notification must be sent to Lefora's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email.
After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, Lefora is required to:
Lefora will terminate, in appropriate circumstances, account holders of Lefora's system or network who are repeat copyright infringers.
Copyright Agent Team Awesome Productions 78 1st Street, 2nd Flr San Francisco, California 94105 Email: privacy@lefora.com
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Software. The Copyright Agent will not respond to any other inquiries.
You acknowledge and agree that this Site, the Software and the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Lefora code and specifications, and all other code and specifications for the Software and the operation of the Services, are subject to their express or implied licenses.
Lefora does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Lefora representative, any material, information or idea you transmit to Lefora by any means may be disseminated or used by Lefora or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
A partial list of U.S. trademarks owned by Lefora follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Lefora should be referred to Lefora Legal at the address on this TOU. Failure of a mark to appear on this page does not mean that Lefora does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of Lefora in the United States; all others are trademarks or common law marks of Lefora in the United States.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEFORA 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 LEFORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE, THE SOFTWARE OR THE SERVICES; (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 THIS SITE, THE SOFTWARE OR THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS SITE, THE SOFTWARE OR THE SERVICES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SERVICES AND THE SOFTWARE.
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 19 AND 20 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. This Site or the Services may also provide notices of changes to this TOU, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. This TOU and the relationship between you and Lefora shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Lefora agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Lefora to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. This TOU and any additional Terms of Service and End User License Agreements, as applicable, constitutes the entire agreement between you and Lefora and govern your use of this Site, the Software and the Services, superseding any prior agreements between you and Lefora (including, but not limited to, any prior versions of this TOU). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Lefora services, third-party content or third-party software. If any provision of this TOU or any incorporated documents are 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 this TOU 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 this Site, the Software, the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to our Content Violation Reporting Form.
By providing any comment on or through any comment submission page on this site, you expressly acknowledge and agree that any comment, material, information, idea or other content you transmit to Lefora on or through this comment submission page, or by any other means, may be disseminated, displayed, used, reproduced, modified and otherwise exploited by Lefora or its affiliates without compensation or liability to you, for any purpose whatsoever, including, but not limited to, designing, developing, manufacturing, marketing, displaying and/or otherwise exploiting any products, or this question/answer forum.
Copyright 2008 Lefora. All rights reserved.