Humble Performance Forum
Not logged in [Login - Register]
Go To Bottom

Board Rules
HUMBLEPERFORMANCE.COM TERMS OF USE

This is a legal document between HumblePerformance.com and you. The web site of HumblePerformance.com may also be referred to as, \"Site\" within this license agreement

1. General
This agreement governs your use of the services contained within the HumblePerformance.com web site. This agreement, together with any such additional terms and conditions, are referred to as this \"Agreement.\" HumblePerformance.com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the services contained within the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by HumblePerformance.com as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of HumblePerformance.com\'s services.

2.Use of Content.

2.1 You may use the contents of HumblePerformance.com\'s web site only for your personal, non-commercial use. You acknowledge that the Site contains information, software, advertising and clients\' personal information accessible through the Site, including without limitation all design, text, audio, images, and clients\' personal data, hereby referred to as (the \"Information\" , as well as photographs, audio and video clips, graphics, links and other material (collectively, the \"Content\" that are protected by copyright, trademark or other proprietary rights of HumblePerformance.com or third parties. All Content within HumblePerformance.com\'s web site is copyrighted as a collective work of HumblePerformance.com pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site.

2.2 No Advice or Solicitation. The information provided by HumblePerformance.com is for information purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendations were sponsorship of any company or individual by HumblePerformance.com, or its respective officers, directors, employees or agents. You acknowledge that any request for information are unsolicited and shall neither constitute nor be construed as recommendations or advice by HumblePerformance.com to you. HumblePerformance.com does not guarantee the reliability or accuracy of any Information or Content on any of the contents found within its Site.

2.3 Limits of Usage. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement or with the prior written consent of HumblePerformance.com. Content consisting of downloadable software may not be reverse engineered. You may post on the HumblePerformance.com web site any content owned by you (such as your original statements), content for which you have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to HumblePerformance.com the right to edit, copy, publish, distribute, translate and otherwise use in any medium any content that you place on the HumblePerformance.com web site without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

2.4 Downloading. You may download or copy the Content only for your own personal use, provided that you retain on such materials all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of HumblePerformance.com or the owners of such Content or their authorized persons, if other than HumblePerformance.com.

3. Rules of Conduct.
You shall not post on the HumblePerformance.com web site any content which (a) is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Site any links to any external Internet sites that are obscene or pornographic. You shall not use the contents of the Site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and contents of the Site or to solicit users to join competitive online services.

4. Managing Content.
HumblePerformance.com does not and cannot review the content posted by users on the Site and is not responsible for such content. However, HumblePerformance.com reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. HumblePerformance.com shall have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 Accuracy/Reliability. HumblePerformance.com does not represent or endorse the accuracy or reliability of any content or information posted on the Site and you acknowledge that any reliance upon such content shall be at your sole risk. Any content or information placed on the Site by users are the views of the user posting the statement, and do not represent the views of HumblePerformance.com.

5.2 Links. The Site may contain links to sites on the Internet that are owned and operated by third parties (the \"External Sites\" . You acknowledge that HumblePerformance.com is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

5.3 Member ID and Password. You are responsible for maintaining the confidentiality of the password and account, which are decided by you in the account registration process, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HumblePerformance.com 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. HumblePerforance.com cannot and will not be liable for any loss or damage arising from your failure to comply.

6. Indemnity.
You agree to indemnify, defend and hold HumblePerformance.com and its affiliates, successors, assigns and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys\' fees) incurred by any HumblePerformance.com Party in connection with any use or alleged use of the Site under your password (if applicable) by any person, whether or not authorized by you. HumblePerformance.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HumblePerformance.com\'s defense of such claim.

7. Termination of Program/Service.
HumblePerformance.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, including the Interactive Areas, at any time for any reason without prior notice or liability. HumblePerformance.com may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

8.1 NEITHER HUMBLEPERFORMANCE.COMNOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICES CONTAINED WITHIN THE WEB SITE OF HUMBLEPERFORMANCE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HUMBLEPERFORANCE.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN \"AS IS, AS AVAILABLE\" BASIS. NONE OF HUMBLEPERFORANCE.COM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HUMBLEPERFORANCE.COM OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICE OF HUMBLEPERFORANCE.COM SOLD THROUGH THE PROGRAM/SERVICE. NEITHER HUMBLEPERFORANCE.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2 NEITHER HUMBLEPERFORMANCE.COM, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, RELIANCE, ACCESS OF OR INABILITY TO USE OR ACCESS THE SITE (INCLUDING WITHOUT LIMITATION THE RESULTS OF RELATIONSHIPS STEMMING FROM THE USE OF CONTENTS OF THE SITE THAT MAY RESULT FROM INNACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, INTERRUPTIONS OR LOSS OF THE USE OF OR ACCES TO THE INFORMATION), DUE EITHER TO ANY NEGLIGENT ACTS OR OMMISIONS BY HUMBLEPERFORANCE.COM, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS, OF INFORMATION OR TO ANY \"FORCE MAJEURE\" (I.E. FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD, COMMUNICATIONS, POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTIONS) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 FOR ALL CLAIMS RELATING TO
HUMBLEPERFORMANCE.COM\'S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SITE TO OPERATE, IN NO EVENT SHALL HUMBLEPERFORMANCE.COMS LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, STRICT LIABILITY OR TORT, EXCEED THE FEE, IF ANY, PAID BY YOU FOR THE SERVICES OF HUMBLEPERFORANCE.COM.

8.4 SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HUMBLEPERFORMANCE.COM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  Go To Top

Powered by XMB 1.9.11
XMB Forum Software © 2001-2011 The XMB Group
[Queries: 8] [PHP: 79.2% - SQL: 20.8%]