The Site, the Services and the Content are sometimes collectively referred to herein as "lebwa.org".
Please note that the term Services, as used herein, shall include, but not be limited to, any service contained or offered on the Site, as well as the offering of any content and materials displayed, transmitted or performed on the Site or through the Services, including, without limitation, user comments, messages, user profile information, data, graphics, news articles, synopses, blog entries, images, illustrations, software, audio clips, video clips, the opinions, viewpoints and beliefs expressed through lebwa.org, and other information which may be contained on the Site (collectively, the "Content").
AGE OF USERS. Our aim is to bring people with divergent ideas and beliefs together in an effort to foster better understanding of, communication with, and respect of the ideas and beliefs of other people. The Site and Service are intended for individuals over the age of eighteen and those over the age of thirteen with the permission of their parent(s) or guardian(s). If you are under the age of thirteen you must not access, view and/or use this Site or Service.
USE OF SITE AND SERVICE. The Site is intended to be a place where individuals can post links, synopses of articles, blog entries and other content, including the opinions, viewpoints and beliefs contained and/or expressed therein (collectively referred to herein as "User Content") that the users find interesting and/or worthy of discussion. While we do not seek to control or edit any User Content, in order to achieve our goal of facilitating the exchange of ideas and understanding of the opinions of others, we do require that any such Content comply with our Code of Conduct. Therefore, please refer to the Code of Conduct set forth below before you submit any Content to the Service. You agree that you are solely responsible for any and all software and/or hardware required to access, view and/or use the Site and Service, along with any fees and other amounts required to do so.
USER ACCOUNTS. In order to use certain features of the Service, you will be required to create an account. By creating an account you are swearing and affirming to us that the information you provide in your account registration will at all times be current and accurate. Please note that while you are permitted to select your own user name to use on the Site, you may not select a user name that is similar to another person's name as to make it appear you are impersonating such person. We reserve the right to require you to change your user name or to terminate your account as we deem, in our sole discretion, to be appropriate. Please note that the selection of your user name is also subject to the terms of the Code of Conduct below. By creating an account on the Site, you acknowledge that you understand and agree that you are solely liable for the conduct and actions carried out through your account, including, but not limited to, the submission of any User Content. You may not sell, assign or in any way transfer your account or any of the privileges relating thereto to any third party under any circumstances.
CHANGES TO THE SERVICE. We hereby reserve the right to change, suspend, terminate or discontinue all or any part of the Service, including any Content, for any reason, at any time, including, without limitation, the availability of any lebwa.org feature. We also reserve the right to impose limits on your access to and/or use of lebwa.org, or any aspect thereof, without notice or liability.
SUBMISSIONS. By submitting any Content to or through the Service, you represent and warrant that you own all rights in the Content submitted and you agree that such Content will be considered to be in the public domain.
CODE OF CONDUCT. In order to make sure that divergent opinions, viewpoints and beliefs are presented and considered in an environment that fosters and encourages our goal of achieving understanding and tolerance across the spectrum of human experience and views, we have instituted this Code of Conduct. Breaching this Code of Conduct may result in having your account partially disabled, temporarily suspended or even terminated. This Code of Conduct should not be considered an exhaustive list, as we cannot possibly think of everything someone may do which might detract from our goal of fostering an environment in which ideas can be exchanged and discussed.
Code of Conduct
Under no circumstances will we allow or tolerate the submission of any message, post, comment, username, image or other content that we believe, in our sole opinion:
* is bigoted or demeaning to any sex, color, creed , sexual orientation, or religious belief;
* is abusive, disparaging, harassing, intimidating or threatening;
* impersonates any other Site user or other identifiable person;
* contains content that is or may be infringing on the intellectual property rights of others, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that otherwise violates any law or any right of any third party;
* is illegal or unauthorized;
* is connected to email harvesting or any similar activity;
* fosters or is intended to foster illegal file sharing, password sharing or trading or any similar activity;
* is for commercial or personal gain;
* solicits the personal or account information of any Site user;
* violates any law, regulation or court order; and/or,
* (with respect to comments) do not relate to the subject of the Content on which you are commenting.
You may not access, view and/or use the Site or Service in any way which will or may:
* intentionally and artificially inflate or otherwise alter or manipulate any data associated with any Content including, without limitation, the number of views, content or number of comments and endorsements;
* in any way artificially alter the results and/or tracking system of the Service; or,
* be injurious to the reputation, image, and/or goodwill of the Site, Service and/or any of the Site's users.
Immediate Account Termination
Any of the following conduct will result in the immediate termination of your account:
* attempting to copy, modify, distribute, reproduce, transmit, reverse engineer, decompile or otherwise tamper with or reproduce any aspect of the Site or Service;
* carrying out or attempting to carry out a denial of service attack with respect to lebwa.org; and/or
* attempting to submit or upload to the Site, or in any way subject lebwa.org to, any material(s), file(s), or program(s) which contains or enables any virus, Trojan Horse, robot, spider or any other destructive script, code or program,
Additionally, in any such case we may, in our sole discretion, disclose, in furtherance of any criminal or civil prosecution, all or any portion of the information in our possession, or to which we have access, with respect to you, your account and/or your activities.
Content Removal / Report Abuse
We may remove any Content at any time for any reason or no reason, including, without limitation, upon receipt of any claim or allegation from any third party or any governmental, judicial or law enforcement authority. To report a suspected Code of Conduct violation or any other type of suspected abuse of the Site or Service, please click on one of the numerous "Flag as offensive" links throughout the Site or please use the Contact Us form.
COOPERATION WITH LAW ENFORCEMENT. We cooperate with law enforcement and the legal system on all levels and will disclose any and all information and documentation necessary to comply with a legal request or demand, including account activity, records and information. We reserve the right to report any fraudulent, abusive, or otherwise illegal activity on or through the Service or Site by you and/or your user account, whether we identify or any user identifies such activity, to any and all appropriate law enforcement agencies and to cooperate fully in any resulting investigation and/or prosecution.
INTELLECTUAL PROPERTY. The entirety of lebwa.org is protected by intellectual property laws. Any and all rights derived from such intellectual property laws are the sole and exclusive property of us or other third parties. You may not use or reproduce any item, text, graphic, code or any other item appear on this Site and Service without the express written permission of the holder of the intellectual property rights relating thereto.
TERMINATION OR CANCELLATION. You may cancel your account at any time by going to the Account section of your profile. We reserve the right to terminate your account with lebwa.org and your access to the Service if lebwa.org, in its sole discretion, believes that you have breached any of the terms of this Agreement.
EFFECT OF TERMINATION OR CANCELLATION. You agree and accept that when you cancel your account you will be automatically deleted from and locked out of the Service and you will be unable to access your account. You also agree and accept that when you cancel your account, all membership privileges, mail, messages, and other information relating to your account will be immediately deleted from the Site and that such information will be irretrievable by you.
INDEMNITY. You hereby agree to indemnify and hold harmless the Site, its owners, parents, subsidiaries, affiliates, customers, vendors, officers, directors, managers, independent contractors and employees from any liability, damage or cost including, without limitation, reasonable attorneys' fees and costs, arising from or in any way related to (i) any claim or demand made by any third party due to or arising out of your access to and/or use of the Site and/or Service, violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
NO WARRANTIES, LIMITATION OF LIABILITY. You acknowledge that we have no control over, and no duty to take any action regarding: which persons gain access to or use the Site and Service; what effects any Content may have on you; how you may interpret or use any Content; or any action you may take as a result of having been exposed to any Content. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE, CONTENT AND SERVICE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE OR ANY CONTENT CONTAINED THEREON WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, CONTENT AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT AND/OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT AND/OR SERVICE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SITE, CONTENT AND/OR SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, CONTENT AND/OR SERVICE IS 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 OR OTHER OBTAINING OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE COMPANY'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THESE TERMS, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES AND ANY OTHER AMOUNTS YOU HAVE PAID TO THE COMPANY FOR YOUR ACCESS OF THE SERVICE.
SEVERABILITY. If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
JURISDICTION/DISPUTES. These Terms and all matters arising out of or otherwise relating to the use or accessing of the Site and/or Service shall be governed by the laws in effect in the District of Columbia, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the District of Columbia for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under these Terms shall be with the state and federal courts located in Washington, DC.
MISCELLANEOUS. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of you or us to exercise, in any respect, any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder.