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1. ACCEPTANCE OF TERMS
Forte' members are subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Forte' currently provides users with access to a montage of on-line tools, consisting of a calendar service, ability to maintain a to-do list, personal image galleries, and ability to create, maintain, and join interest groups. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Forte' resources, shall be subject to the TOS. In order to use the Service, 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.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the New User Application (such information being the "Application 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 Forte' has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo has the right to suspend or terminate your membership and refuse any and all current or future use of the Service (or any portion thereof).
4. FORTE' PRIVACY POLICY
Forte' agrees to keep all user information confidential and that no third party will have access to user's information other than what a user has explicitly set as viewable. If for some reason Forte' has deemed it beneficial to release any information all user's will be polled as to their feelings about the release. If the polls show a majority of users (51% or greater) are in favor of the release then Forte' will notify you via email 72 hours in advance of the transfer and you have the right to reject the transfer of your information.
5. 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 Forte', are entirely responsible for all Content that you upload, post or otherwise transmit via the previously mentioned services. Forte' will endevor to control the content that is posted on it's website but understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit 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) upload, post or otherwise transmit any information that is pornographic in nature. This applies to images and groups as well as any keywords that you associate with them.
(c) harm minors in any way;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit 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;
(g) 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;
(h) 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;
(i) "stalk" or otherwise harass another;
(j) collect or store personal data about other users;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
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 TO FORTE'
Forte' does not claim ownership of the Content you place on your galleries or any other area on the site. By submitting Content to Forte' you grant Forte' the 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 Forte'. This license exists only for as long as you continue to be a Forte' member and shall be terminated at the time your Forte' membership is terminated.
You acknowledge that Forte' cannot pre-screen all Content, but that Forte' and its designees shall have the right in their sole discretion to refuse or remove any Content that is available via the site. Without limiting the foregoing, Forte' and its designees 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.
8. INDEMNITY
You agree to indemnify and hold Forte', 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 your Content, your use of the site, your connection to the site, 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 any portion of the site, use of the site, or access to the site.
10. MODIFICATIONS TO SERVICE
Forte' reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the availability, functionality, or look and feel with or without notice. You agree that Forte' shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
11. TERMINATION
You agree that Forte', in its sole discretion, may terminate your password, Forte' galleries, use of any Forte' features, and remove and discard any Content within the site, for any reason, including, and without limitation, if Forte' believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Forte' may also in its sole discretion and at any time discontinue providing the site's functionality, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Forte' may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the site. Further, you agree that Forte' shall not be liable to you or any third-party for any termination of your access to the Service.
12. ADVERTISEMENTS AND PROMOTIONS
Forte' agrees to do everything possible to prevent the use of any advertisements including (but not limited to) banner adds, popup windows, and or spam. If for some reason Forte' deems it beneficial to use advertisements of promotions users will be notified prior to their installment.
13. LINKS
You have the ability to provide links to other World Wide Web sites or resources. Because Forte' has no control over such sites and resources, you acknowledge and agree that Forte' 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 Forte' 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.
14. FORTE' PROPRIETARY RIGHTS
You acknowledge and agree that any functionality and any necessary software used in connection with that functionality contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Except as expressly authorized by Forte' you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. As of this date Forte' will provide access to third party software that is either free or is a demoable copy. All work on Forte' is free to replicate provided source code is not taken from Forte' without permission.
15. 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.
(b) FORTE' 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, AND (iV) 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 FORTE' OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FORTE' SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
17. 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 15 AND 16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. 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.
19. COPYRIGHTS
Forte' respects the intellectual property rights of others and we ask our users to do the same.
20. VIOLATIONS
Please report any violations of the TOS to our admin.
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