Post by Architect on Nov 1, 2008 23:47:41 GMT -5
IN ORDER TO BE APPROVED FOR MEMBERSHIP IN OUR COMMUNITY LIBRARY
YOU MUST CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE FOLLOWING:
YOU MUST CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE FOLLOWING:
PROBOARDS RULES
Click HERE to view the latest complete Proboards' Terms of Service
Website Terms of Service
1. AGREEMENT
This Terms of Service (the "Agreement") constitute a legally binding agreement by and between ProBoards, Inc. (hereinafter, "ProBoards") and you or your company (in either case, "You" or "Your") concerning Your use of ProBoards' website (the "Website") and the services available through the Website (the "Services"). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and ProBoards' Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. ProBoards encourages users of the Website to frequently check ProBoards' Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
PROBOARDS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, ProBoards grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services.
6. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. PROBOARDS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL PROBOARDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
7. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY PROBOARDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PROBOARDS PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
8. USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning "User Ability to Access, Update, and Correct Personal Information" in ProBoards' Privacy Policy.
You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify ProBoards immediately of any unauthorized use of Your account, user name, or password. ProBoards shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ProBoards, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
9. YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROBOARDS' MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT PROBOARDS HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. PROBOARDS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL PROBOARDS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
10. FORUM CONTROL; MEMBER DISPUTES
ProBoards does not control the forums made available by means of the Website and Services. Forum owners and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content (as defined in Section 15 below) on the forum. You should contact the forum owner directly with any complaint, grievance or problem. ProBoards reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold ProBoards harmless in connection with any dispute or claim You make against any other member.
11. CONSENT TO RECEIVE EMAIL FROM PROBOARDS
By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.
12. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By registering with the Website, your thereby consent to receive electronic communications, including email and personal messages from other Website members.
13. FEES
Access to the Website and use of the Services is free. You acknowledge and agree that ProBoards reserves the right to charge for access to the Website and use of the Services and to change its fees from time to time in ProBoards' sole discretion.
14. THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with ProBoards and some of whom may not. ProBoards does not have control over the content and performance of Third-Party Websites. PROBOARDS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, PROBOARDS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PROBOARDS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
15. USER CONTENT
"User Content" is any content, materials or information, not including Personal Information (as defined in ProBoards' Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT THE PROBOARDS PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE PROBOARDS PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PROBOARDS PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the ProBoards Parties under this section. You further represent and warrant that all User Content fully complies with ProBoards' Community Guidelines.
16. PUBLIC FORUMS
"Public Forum" is any area, site or feature offered as part of the Website (including without limitation discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. PROBOARDS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
17. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, ProBoards is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
18. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other ProBoards agreement or policy, including without limitation ProBoards' Community Guidelines; or (i) is generally offensive or in bad taste, as determined by ProBoards (collectively, "Objectionable Content"). PROBOARDS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, ProBoards reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. ProBoards, in its sole discretion, may delete any Objectionable Content from its servers. ProBoards intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
19. PROHIBITED USES
ProBoards imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to ProBoards or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about ProBoards users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ProBoards Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
20. INTELLECTUAL PROPERTY
a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
b) Trademarks
PROBOARDS, PROBOARDS.COM and the "ProBoards logo" (collectively, the "ProBoards Marks") are trademarks or registered trademarks of ProBoards, Inc.
c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the ProBoards logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by ProBoards.com, Inc or are the property of ProBoards' licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2000 to the present, ProBoards, Inc. ALL RIGHTS RESERVED.
d) DMCA Policy
As ProBoards asks others to respect ProBoards' intellectual property rights, ProBoards respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify ProBoards in accordance with ProBoards' Digital Millennium Copyright Act Policy. ProBoards will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
21. DISCLAIMERS; LIMITATION OF LIABILITY
a) NO WARRANTIES.
PROBOARDS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBOARDS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER PROBOARDS NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROBOARDS NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PROBOARDS OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c) LIMITATION OF LIABILITY
THE LIABILITY OF PROBOARDS AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROBOARDS OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PROBOARDS OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF PROBOARDS AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PROBOARDS AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PROBOARDS OR BETWEEN YOU AND ANY OF PROBOARDS' LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PROBOARDS' LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
22. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other ProBoards policies, and with any applicable laws or regulations.
23. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless ProBoards and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to ProBoards or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
24. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Lake Forest, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and ProBoards arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Orange, California unless You and ProBoards mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS' Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS fee and reasonable attorneys' fees) to the prevailing party.
b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or ProBoards from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or ProBoards from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
25. TERMINATION
a) By ProBoards
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROBOARDS RESERVES THE RIGHT TO, IN PROBOARDS' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ProBoards.
c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to ProBoards notice of Your intention to do so, in the manner required by this Agreement.
d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, ProBoards may, but has no obligation to, in ProBoards' sole discretion, rescind any services and/or delete from ProBoards' systems all Your Personal Information and any other files or information that You made available to ProBoards or that otherwise relate to Your use of the Website or Services. Subsequent to termination, ProBoards reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
e) Legal Action
If ProBoards, in ProBoards' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ProBoards will be entitled to recover from You as part of such legal action, and You agree to pay, ProBoards' reasonable costs and attorneys' fees incurred as a result of such legal action. The ProBoards Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
f) Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-8, 9-10, 14-27 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed ProBoards.
26. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. ProBoards shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to ProBoards. You agree that any notice received from ProBoards electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PROBOARDS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PROBOARDS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to ProBoards by means of: (1) fax at: 949-916-3152; or mail, postage prepaid, to 20381 Lake Forest Drive, B2, Lake Forest, CA 92630.
27. GENERAL
This Agreement constitutes the entire agreement between ProBoards and You concerning Your use of the Website and Services.
Effective Date: May 1, 2010
OUR COMMUNITY LIBRARY CODE OF CONDUCT
The Community Library is a forum of Members, by Members and for Members.
Our Community Library's Code of Conduct can be summed up in the philosophy of treating others better than you would expect to be treated.
It is here that that we hope to explain how best to do that based on our Members' experiences in other forums.
Some of the suggestions are obvious, while others are less so.
It is worth sharing the following Gricean Maxims, with the addition of number 10, to set a basic foundation for proper etiquette for exchanges.
1. Do not say what you believe to be false.
2. Do not say that for which you lack adequate evidence.
3. Make your contribution as informative as is required for the current purposes of the exchange.
4. Do not make your contribution more informative than is required.
5. Be relevant.
6. Avoid obscurity of expression.
7. Avoid ambiguity.
8. Be brief.
9. Be orderly.
10. Maintain a sense of humor, humility and understanding.
We build on these maxims with the following.
Be Polite
It cannot be stressed enough how difficult it is, on the one hand, to express everything that you intend to convey while finding a balance between being vague and verbose and, on the second hand, as a reader, to determine sarcasm from naivete or anger from remorse based on emotionless words typed in a forum.
Do not be too quick to judge the initial emotion that you intuitively attribute to a post and also try to be as emotionally neutral as possible when responding generally or to Members that you have yet to establish a relationship with.
It is also nearly impossible, based on posts alone, to determine the type of individual a Member is or their particular circumstances. Be cautious not to stereotype Members solely by the content of their posts.
Be more polite than you might feel is necessary unless you have a good feel for the Member you are responding too.
The use of smileys and disclaimers within your posts can assist others in properly interpreting your intent.
Be Humble
With the above in mind, combined with the massive number of sources on the Internet and elsewhere, it's easy to make mistakes.
Do not shirk from being challenged because that is how we all, as a community, will learn.
Do not hesitate from challenging others without being combative, for the same reason.
If an assertion of yours turns out to be flawed, admit it and move on.
If Members must simply agree to disagree then so be it.
Accept it and move on.
At the same time don't tie Members with erroneous sources, only to their own words and perhaps their stubbornness in continuing to submit questionable material.
We can all have bad days or create our own false impressions. We all know what it is like when we realize that we were the one who was wrong. Few things are more frustrating than being in a position of having to apologize and not having the apology fully accepted. The reverse is also frustrating, that of being maligned unfairly and never getting an apology after one has been vindicated.
Try to be aware of others by apologizing when appropriate and honor integrity by accepting the apologies of others without needlessly resurrecting past wrongs that have been righted.
Be Concise
Brevity is said to be the soul of wit but its meaning can be less than clear.
The power of a post should not be judged based on its length but on its content.
Longer more informative posts are just as important as those that are short and to the point.
However, it will often be the case that readers will not have the time or propensity to engage in a longer post not matter how eloquently written it may be if they are not approachable.
With this being the case here are some suggestions for longer posts.
1. Summarize the points you intend to make at the beginning.
2. Break up your post into thoughtful paragraphs so it is easier to read.
3. Take the time to make clear your attributions.
4. Standardize your posts in their use of font types, colors etc. Consider adopting a style used by others.
5. If a post becomes too unwieldy or you must continue it at another time, simply add 'TO BE CONTINUED...' at the bottom and add a part number to the title.
6. Break one large post into separate smaller ones.
7. Consider using headings for easier referencing.
Be Happy.
Have fun and don't take the forum too seriously.
It is a shared responsibility of every Member to foster the spirit of an accepting and friendly community in order to make Our Community Library more enjoyable for its current Members and to attract the type of Members that we want in the future.
Thank you for your participation!
OUR COMMUNITY LIBRARY RULES
TO CONFIRM YOU HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE RULES GO HERE:
communitylibrary.proboards.com/index.cgi?action=display&board=agreement&thread=47&page=1#5154
Use of Proxy Servers
The use of proxy IP servers is not permitted.
All proxy addresses used by members or guests will be immediately banned when discovered.
Use of Temporary Email Service
The use of a temporary email service is not permitted.
Temporary or non-working email addresses will be immediately banned when discovered.
IMPORTANT: Mistakes happen, if your access is restricted for no apparent reason then please feel free to immediately communicate with the staff using an alternative method or accessing the forum using a different computer.
Age Requirement
Members must be 18 years old.
• Penalty: Guests will not be allowed to register or the individual's access will be restricted until they turn 18.
Agreement
All Members must confirm that they have read and will abide by the Rules below, the Proboard Rules and the Library's Code of Conduct.
• Penalty: Members will not be allowed to progress above Freshman status and risk being Removed if they ignore repeated requests.
Enforcement
The penalties for breaking the rules will be enforced by the staff through the use of Warnings, Overrides, Restricted Access, Post Fines, Access Fines and Probation Periods, and Removal from the forum.
Warnings
Warnings sent by Personal Message (PM) may be given with or without penalties at the discretion of the Staff.
Overrides
An Override is when the Staff makes manual changes to Member accounts to bring them into compliance.
Restricted Access
Restricted Access is when Members are only given limited access until they come into compliance.
Recorded Posts
Recorded Posts refers to the number of posts that a Member has made as a Registered Member. Other than V.I.P.s, Honor Students and Honorary Scholars, higher membership levels with additional privileges are based on the number of Recorded Posts. Recorded Posts may be reduced as a penalty for violating the rules and may not represent actual posts made.
Levels of Membership
MEMBERS
Newbee--------------->0-9 Posts
Freshman------------>10-99 Posts
STUDENTS
Sophomore---------->100-199 Posts
Junior------------------>200-299 Posts
Senior------------------>300-399 Posts
Graduate-------------->400-499 Posts
FACULTY
Apprentice------------>500-599 Posts
Teacher---------------->600-699 Posts
Lecturer--------------->700-799 Posts
Professor------------->800-999 Posts
ELDERS
Scholar---------------->1000-1999 Posts
Philosopher---------->Over 2000 Posts
Post Fines
Post Fines (PFs) reduce the number of posts that a Member is recorded to have made which would require the Member to make additional posts in order to reach higher levels of membership.
PFs are cumulative into the future, which means that if an offense carries a penalty that reduces your recorded posts by 5, the first offense will garner a reduction of 5 posts, but the second offense will garner a larger reduction of 10 and a third would be a reduction of 15. This accumulation is never reduced. Excess PFs are not carried forward.
Access Fines
Access Fines (AFs) exclude Members from being able to post on the forum for a specified number of days.
Probation Period
Each AF is followed by a Probation Period of equal length.
Example: A Member is assessed an AF of 10 days. The Member will not be able to access the forum for 10 days. After ten days the Member will again be able to access the forum. At that point a Probation Period of 10 days will begin.
Violation of Probation
If Members re-offend within the Probation Period, the remaining days of the Probation Period will be added to the new AF.
Example: The Member is assessed a 10 day AF. After 10 days they regain access to the forum. Five days later they are given another 10 day AF. The Probation Period was 10 days from being readmitted to the forum and had 5 more days to go. Those remaining 5 days will be added to the new AF and the member will be denied access for 15 instead of 10 days and will begin a new Probation Period of 15 days once they are readmitted.
Enough is Enough
The maximum number of automated exclusion days on the site is 100. An AF in excess of 100 days may lead to Removal at the discretion of the Staff.
Infraction Classifications and Penalties
Infractions are classified into 5 levels and carry the attached penalties as shown:
--------------------- AF--------------------PF
LEVEL 1-------10 Days--------------0 Posts
LEVEL 2-------20 Days--------------5 Posts
LEVEL 3-------30 Days-------------25 Posts
LEVEL 4-------40 Days-------------50 Posts
LEVEL 5-------50 Days-----------100 Posts
Removal
Removal from the forum is not a favorable outcome for members or the forum. However, when required, members of the forum who refuse to follow the rules will be Removed. The Community Library will not allow abusive, offensive or obnoxious behavior. All of which would be detrimental to the spirit and atmosphere of the community that we seek here.
Appeals
Members can Appeal assessed penalties by sending a PM to the Admin or any Librarian. Members should include their rational for the appeal and what, if any, penalty they feel would be more appropriate. A private poll will be setup for a vote by the staff. The results will be PMed to the Member and honored.
Usernames
Members must not share their Username with others and with the exception of staff members, only one Username is allowed for each Member.
Hint: Try to use a simply Username that other Members can easily remember otherwise they may have to look it up in order to send you group PMs.
• Penalty: Member access will be restricted until the situation is resolved and the individual or individuals confirm that they understand this rule.
Future infractions will be considered LEVEL 4 violations
Usernames shall not be objectionable or profane.
• Penalty: The Member's Username will be banned by the Staff and the Member will have to re-register using a different Username.
Future infractions will be considered LEVEL 3 violations
Reserved Usernames
To preserve anonymity and to discourage reprisals, staff members will share the common Usernames Bibliophile and Librarian. These Usernames are reserved for staff members and are not to be used by other members.
Member Profile
Registration Information and Member Profile information must be accurate but does not have to be made public. Unfortunately, it is not possible to restrict access to Member Profiles. Members have some control over what is shown on their Membership Profile page. All Members are encouraged to keep this in mind.
• Penalty: Member Information will be overridden by the staff and access will be restricted until the situation is resolved and the member confirms that they understand this rule.
Future infractions will be considered Class 4 violations
Member Profiles and Member Information, including Avatars, Display Names, Signatures, linked websites, etc. shall not be objectionable or profane.
• Penalty: Inappropriate Member Information will be overridden by the Staff and access to the forum will be restricted until the situation is resolved and the member confirms that they understand this rule.
Future infractions will be considered LEVEL 3 violations
Privacy
Privacy is a critical issue for some Members and a non-issue for others. All Members should assume the former. Members of the forum often have, known or unknown, real world relationships. They may be family members, fellow employees, neighbors, friends, enemies, etc. Members are encouraged not to disclose any personally identifiable information in public areas and to be cautious in doing so via Private Messaging as well.
Inappropriate Disclosures
Members are not to disclose private or personally identifiable information in public areas including chats.
Members should avoid disclosing private information in private messages.
If a Member has any question about appropriateness the Member should ask for direction from the Admin or any Librarian or obtain an opinion or permission from the Member in question via Personal Messaging.
• Penalty: The penalty for Inappropriate Disclosures of private information will depend on the nature of the disclosure.
The victim(s) of the disclosure and the person(s) responsible for the disclosure will be consulted and a poll will be conducted among the staff to determine the proper solution which could include removal from the site.
Stalking
Stalking refers to activities both on and beyond the forum of Members trying to identify and obtain personal information of other Members without their express permission. Tracking a Member's activities and posts on the forum is perfectly appropriate Stalking, as defined here, is not.
• Penalty: The victim(s) of the Stalking and the person(s) doing the alleged Stalking will be consulted and a poll will be conducted among the staff to determine the proper solution which could include removal from the site.
Intimidation
Intimidation on the forum, publicly or privately, cannot be stood for. However, Intimidation is often difficult to define. Intimidation, if it is recognized, must be confronted by the Staff and reported by the Membership and the victims of it.
• Penalty: The victim(s) of Intimidation and the person(s) doing the alleged Intimidating may both have their access limited while being consulted and a review and poll will be conducted among the Staff to determine the proper solution which could include removal from the forum.
Threats
Any perceived Threats in the opinion of any Staff Member to a Member or Our Community Library will result in immediate access restrictions pending a review and Staff poll.
• Penalty: The person(s) accused of Threats may have their access limited without warning until a review and a poll is conducted by the Staff to determine the proper solution which could include removal from the forum.
Private Messaging
Inappropriate Disclosures, Stalking and Intimidation rules apply to Private Messaging (PM).
Chat
All forum posting rules including Inappropriate Disclosures, Stalking, and Intimidation rules apply to the Chat Room. All Members should be greeted by the other Members in attendance upon entering the Chat Area. Members shall not habitually ignore or shout down other Members in the chat area.
• Penalty: Ignoring or shouting down other Members as determined by any Staff Member will be considered a LEVEL 1 violation.
Lurking
Lurking is defined as visiting the forum and reviewing posts without making any posts. Lurking is perfectly appropriate on the boards. Lurking is unacceptable in the Chat Area or in actively attended Social Clubs.
• Penalty: Extended Lurking in the Chat Area or in Social Clubs will be met with a Warning.
Any subsequent violations will be considered a LEVEL 1 violation.
Solicitations
Solicitations and advertisements are not to be posted anywhere on the forum except in a Member's own Blog (if available) or in the Business Directory (if available) and are not to be sent using the Personal Messaging service. In the event that Members wish to engage in selling, bartering, trading or gifting of merchandise or services, the arrangement of the transaction shall not be done in the public areas. Business logos and links are allowed in signatures (if available) and in the Personal Information Section of a Member's Profile. The destination of any link and the nature of the business must comply with the Proboard and Library Rules and may be removed for any reason by the Staff.
• Penalty: The first offense of Uninvited Solicitations will be met with a Warning.
Any subsequent violations will be considered a LEVEL 2 violation.
Spamming
Spamming is the posting or sending of duplicate messages throughout the forum. Only Staff Members are allowed to send messages to all Members via email or PM or to make announcements or identical posts in numerous threads and only when the messages are forum related.
• Penalty: Spamming will be considered a LEVEL 3 violation.
Threadjacking
Threadjacking is the posting of messages unrelated to the stated topic of the thread and not consistent with the flow of the conversation. Not all indirectly related posts should be characterized as threadjacking. If the post, however unrelated to the original topic, is none the less, consistent with the conversation flow, it is NOT threadjacking. The determination of threadjacking will begin with a complaint by a Member or Staff Member followed by the polling of Librarians.
• Penalty: The first offense of Threadjacking will be met with a Warning.
Any subsequent violations will be considered a LEVEL 2 violation.
Off Topic Conversations
It is understandable that conversations within a given thread can take on a new life and morph into areas that on their face do not seem to be relevant to the original topic. Since each Member will have their own tolerances with regard to restrictive verses free-form conversations, the determination as to when a conversation is considered to have wandered too far away from the original topic will be made by the topic originator or the Staff. If Members are informed that they are off topic they must return to the original topic of discussion. The Staff may unilaterally start a new topic or move threads to more appropriate topics.
• Penalty: Continuing with Off Topic Conversations will be met with a Warning.
Any subsequent violations will be considered a LEVEL 1 violation.
Banter
Banter is defined as short posts that tease, joke are engage other Members. There is nothing wrong with banter as long as it does not overtake the thread. The Staff may at their own discretion delete, modify, move or archive posts that would be considered banter in order to make the thread more relevant to the topic. If the originator of the thread or a Staff Member requests an end to banter then that request must be honored by other Members. A staff member may indicate possible banter with the following icon. If you see this icon delete the post or let the Librarian know why it should not be deleted or if you believe that it should be moved or archived.
• Penalty: Continuing to participate in Banter after being asked not too do so will be met with a Warning.
Any subsequent violations will be considered a LEVEL 1 violation.
Inappropriate Postings
Inappropriate is a subjective word but most people have a feel for what is appropriate and what is not. Text is more harsh than face to face or voice conversations so it is much better to err on the side of caution. Pornography or offensive subjects are not permissible. There is a difference between offensive and controversial. Many members enjoy engaging in conversations that involve controversial subject matter. Profanity should be avoided if possible. Many words will automatically be filtered and replaced. These words should be avoided in future posts. A List of words to be avoided is available at the following link.
Profanity communitylibrary.proboards.com/index.cgi?board=profanity
Since there exists a gray area as to what is appropriate and what is not, and since the standard can change slightly from one collection or thread to another, an ongoing conversation among members is available at the following link. It would be best to visit this link to get a feel for the consensus of the Membership.
Conference communitylibrary.proboards.com/index.cgi?board=conference
Avatars, smileys, polls, external links, videos, music, images and imported text must all conform to the prevailing consensus. Alleged violations will always be polled by Staff Members.
• Penalty: Continuing to make Inappropriate Postings that are deemed offensive, abusive or derogatory after being asked not to do so, will be met with a Warning.
Any subsequent violation within the same thread or any similarly themed thread or any posts that follow a similar line of offense once admonished by the Staff will be considered a LEVEL 1 violation.
Depending on the nature of a particular post, or series of exchanges, a greater penalty may be applied by the Staff after a polling of the Librarians
Mature Posts
There are occasions when posts would appropriately contain subject matter and elements that might normally be considered offensive otherwise. The Mature Collection allows for a more liberal interpretation of decency. That said, pornography or gratuitous objectionable or offensive material and profanity may still be considered inappropriate.
The Mature Collection is not accessible by Guests or new Members. The Mature Collection is a place where potentially offensive material can be placed. Content warnings should be placed at the top of potentially offensive posts and viewers must be required to scroll down the page before being exposed to the post. Links to such posts can be placed in other threads with a content warnings. This provides a measure of responsibility that will be considered by the Staff when enforcing the Inappropriate Postings rule.
This is not an excuse for posting clearly inappropriate material such as pornography.
Membership Policing
Consistent and uniform application of the rules is important to assure the integrity of the site, but will be nearly impossible without the cooperation of the Membership. All Members must do their part to police the site even if they or a fellow member is the guilty party. Members should support the enforcement of the rules by their fellow Members even if they are accused of an infraction. It is easy to make mistakes in a posting environment but the penalties are structured to allow for errors and mistakes while maintaining a favorable environment for discussions. Any Member who has information or is aware that another Member is involved in Inappropriate Disclosures, Stalking or Intimidation must inform the Admin or a Librarian.
• Penalty: Failure to report incidences of Inappropriate Disclosures, Stalking or Intimidation or any other infraction may result in the same penalty as the offense not to exceed a Class 3 violation.
False Accusations
Members shall not make unwarranted accusations against other Members. Members will only be informed of accusations if they are deemed legitimate or appear to be vindictive on the part of the accuser as determined by the staff.
• Penalty: Members guilty of making False Accusations will be met with a warning.
Any subsequent violations may result in the same penalty as the alleged offense not to exceed a Class 3 violation.
Antagonism
Application: This rule is not intended to be abused for the purposes of silencing an opinion by any Member where there is no connection between the Member and other Members. Our Community Library is intended to be a place of fun and conversation. Unfortunately, there are those who may be able to demonstrate that they have followed the letter of the rules while not living up to the spirit of them. This is why we have, in addition to the rules, a Code of Conduct. There is no doubt that any rule addressing offended and offender will be unavoidably subjective and will be ultimately enforced based on the judgment of the Staff. With this in mind, it is imperative that the Staff seeks a balance between a forum blind to personal insults and over-reaching restrictions on speech in its quest to set the mood of the forum. The membership is asked to communicate their concerns about offenses and enforcement in the Conference Room and to be understanding of the difficulties and sensitive nature involved in making appropriate determinations for the benefit of the forum at large.
Members should seek to live up to the spirit expressed in Our Community Library's Code of Conduct. Which is summed up in the philosophy of treating others better than you would expect to be treated. Excessive antagonism of other Members or identifiable member groups based on race, religion or ethnicity either expressed or implied cannot be ignored.
Example A: Members should avoid calling other Members dishonest or liars without first presenting evidence that a series of purposeful misrepresentation of material facts has been made and citing examples of how the accused has avoided clarifying their assertions, verifying that misrepresentations were made and/or explaining their intentions for making proven misrepresentations.
Example B: Members may comment on the history and beliefs of a religion as long as the comments are supportable by facts, but posting general comments, articles or images that impugning the beliefs or the nature of the individuals who might identify themselves as a member of a specific faith-based or faithless ideology is inappropriate.
Example C: Political party affiliation and political ideology are not protected classes, so expressing opinions about motives and intentions generally to political parties or political ideologies is appropriate for the sake of discussion as long as opinion-based comments unsupported by facts are not intended to impugn or marginalize individual Members.
• Penalty: Offending posts may be permanently moved and access restricted.
Continuing to participate in Antagonism after being asked not to do so will be met with a Warning.
A subsequent offense will result in RESTRICTED ACCESS, with a Member's access and posting privileges being restricted for 30 days per offense.
Any additional violations will be considered a LEVEL 1 violation.
Member access and posting privileges may be restricted for up to 30 days beyond the penalty and probation periods for each offense.
Name-Calling
Excessive and repeated Name-Calling must be avoided.
Occasional name calling among friendly consenting parties is acceptable, but complaints by Members and warnings by the Staff must be heeded.
• Penalty: Continuing to participate in Name-Calling after being asked not to do so will be met with a Warning.
Any subsequent violations will be considered a LEVEL 1 violation.
Offending posts may be permanently moved and access restricted.
This concludes the rules of Our Community Library.