1. DEFINITIONS / CONVENTIONS AFFILIATED WITH The Ratpack SITE
URLs referred to in this agreement shall be designated by enclosure in brackets, i.e. [siteURL.com]. The end-user accessing the website shall be referred to as "User". TheRatpackers™ and its entities and affiliates shall be referred to collectively as "The Ratpack". The Ratpack internet website is located at [ratpack.cc].
2. INTRODUCTION
This agreement is entered into between User and The Ratpack, upon use of The Ratpack's Sites. The Ratpack provides the Sites to User, subject to the following Terms of Service ("TOS"). In addition, when using particular Sites services, User shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
3. AMENDMENTS
Use of the site by the User shall be considered Users' conclusive acceptance of this agreement and any revisions made heretoforth. If User does not agree with or do not wish to be bound by any part of this agreement, User may not access any page on or otherwise use the site. The Ratpack may modify, amend, or otherwise change this agreement at any time without notice to any parties. The revised agreement will become effective immediately upon posting onto the site at this address: [http://ratpack.cc/legal.php], and it is suggested that User review the agreement from time to time to be aware of the contents. Use of the site by User after such changes shall constitute an implied agreement on Users' part of revised terms.
4. The Ratpack USER CONDUCT
User understands that this site contains an interactive feature, including, but not limited to, a message board. By accessing and using this feature, User understands 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/entity from which such Content originated. This means the User, and not The Ratpack, are entirely responsible for all Content that the User shall upload, post, email or otherwise transmit via the Site. The Ratpack does not control the Content posted via the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Site, User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Ratpack 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 or otherwise transmitted via the Site.
User agrees to not use the Sites to:
* upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* harm minors in any way; impersonate any person or entity, including, but not limited to, a Sites official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
* upload, post, email or otherwise transmit any Content that User does not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* upload, post, email or otherwise transmit 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-themed chat rooms) that are designated for such purpose;
* upload, post, email 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;
* disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
* interfere with or disrupt the Sites or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
* "stalk" or otherwise harass any members or visitors to The Ratpack; or
* collect, store, sell, rent, provide, or otherwise gather and/or use personal data about other users of the Site.
User acknowledges that The Ratpack does not pre-screen Content, but that The Ratpack 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 the Site. Without limiting the foregoing, The Ratpack and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. User agrees that user 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, User acknowledges that user may not rely on any Content created by The Ratpack or submitted to the Site.
User acknowledges and agrees that The Ratpack may preserve Content in either a manner accessible to the public or not accessible to the public, 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 The Ratpack, its users and the public.
User understands that the technical processing and transmission of the Site, including Users' submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. CONTENT OF COPYRIGHT TO THIRD PARTIES
Certain content on The Ratpack site, including but not limited to images, may be the property of third parties, posted to The Ratpack with the permission of the copyright owner or their agent. Such content may not be retransmitted, redistributed, or downloaded without authorization.
6. PUBLIC CONTENT POSTED TO The Ratpack SITE
For purposes of the TOS, "publicly accessible areas of the Site" are those accessible by the general public. By way of example, a publicly accessible area of the Sites would include public message boards and public chat rooms, but would not include private email communications or privately-held chat rooms.
By electing to post Content to publicly accessible areas of the Site, User grants The Ratpack a royalty-free, perpetual, revocable, non-exclusive and fully sublicensable right and license to use, adapt, publish, translate, distribute and display such Content (in whole or part) worldwide and to incorporate it in marketing/promotion materials in other information mediums. In addition, User expressly purports to The Ratpack that one of the following conditions applies to this content: (a) User owns the copyright to said content; (b) User has express permission (written or otherwise legally verifiable) from the copyright holder of the content to submit the content and the legal right to agree to previous sentence for the copyright holder; or (c) the content is in the public domain. User submitting content must be able to prove one of above conditions upon request by Site.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides and the transmission of data in the form of text or photographs which may be prohibited or banned by Users' country, region, state, province, or municipality laws, or by community standards in the area in which User resides.
8. NO RESALE OF The Ratpack SITE OR SERVICES
User agrees not to reproduce, duplicate, copy, sell, resell or otherwise distribute or exploit for any purpose, commercial or otherwise, any portion of the Site, use of the Site, or access to the Site. Insofar as duplicating Content on the Sites for distribution, User agrees not to distribute Content, regardless of commercial intent or profitability, without the express written permission of The Ratpack. Users wishing to seek such permission should email [legal@The Ratpack.com].
9. MODIFICATIONS TO THE The Ratpack SITE
The Ratpack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. User agrees that The Ratpack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
10. RESTRICTION OF ACCESS TO The Ratpack SITE
The Ratpack may, under extraordinary circumstances, block access to the site from a specified IP address or block of IP addresses. User agrees the The Ratpack is not liable for any loss or damage due to such restriction. The primary purpose of such a restriction would be to prevent such things as, but not limited to: hacking; Denial of Service attacks; or using automated agents, scripts, bots, or other automated means to access the site, regardless of intent.
11. LINKS TO EXTERNAL SITES/RESOURCES
The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Ratpack has no control over such sites and resources, User acknowledges and agrees that The Ratpack 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. User further acknowledges and agrees that The Ratpack 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.
12. The Ratpack'S PROPRIETARY RIGHTS
User acknowledges and agrees that the Sites and any necessary software used in connection with the Sites ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that Content contained in sponsor advertisements or information presented to User through the Sites or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Ratpack, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites or the Software, in whole or in part.
The Ratpack grants User a personal, revocable, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. User agrees not to access the Sites by any means other than through the interface that is provided by The Ratpack for use in accessing Site. All Scripts in use on the site are proprietary to Sites and copyrighted by The Ratpack unless otherwise stated. Specifically, vBulletin and associated scripts are © 2000-2004 Jelsoft Enterprises Limited [www.jelsoft.com/].
13. INDEMNITY
User agrees to indemnify and hold The Ratpack, 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 User submits, post to or transmit through the Site, Users' use of the Site, Users' connection to the Site, Users' violation of the TOS, or Users' violation of any rights of another person or entity.
14. DISCLAIMER OF WARRANTIES AND USER AGREEMENTS
User understands and agrees that:
* USERS' USE OF THE SITE IS AT USERS' SOLE RISK. The site is provided on an “as is” and “as available” basis. The Ratpack disclaims all warranties of any kind, whether expressed or implied.
* The Ratpack MAKES NO WARRANTY THAT: The site will meet users’ requirements; access to the site will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the site will be accurate or reliable; or the quality of any products, service, information or other obtained by you through the site will meet users’ expectations.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USERS' OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS' COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. LIMITATIONS OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT The Ratpack 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 The Ratpack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
* The use or the inability to use the service;
* Transactions entered into through or from the site;
* Unauthorized access to or alteration of users’ transmissions or data; OR
* Any other matter relating to the site.
16. NOTICE
Notices to User may be made via either email or regular mail. The Ratpack may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to User generally on the Site.
17. TRADEMARK INFORMATION
The Ratpack, theratpackers.com, and The Ratpack logo are trademarks of a privately owned and operated site and were created for use by the administrators of The Ratpack. Users and visitors to the site agree not to display, or use these trademarks in any manner or form without the prior written permission of The Ratpack administrators.
18. GENERAL INFORMATION
The TOS constitutes the entire agreement between User and The Ratpack and govern Users' use of the Site, superceding any prior agreements between User and The Ratpack. User may also be subject to additional terms and conditions that may apply when User uses affiliate services, third-party content or third-party software.