~ LEGAL ~
We may provide a variety of services on this website through which you can directly interact with others, such as email services, communication tools, forums, and other public posting areas (“Communication Services”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communication Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our User Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or Fickle Passion Productions. and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communication Service to anyone who violates this User Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses.
Without limiting the foregoing, we may immediately terminate your use of any Communication Service if you engage in any of the following prohibited activities:
-Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
-Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
-Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communication Service;
-Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
-Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
-Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
-Gathering for the purpose of “spamming” any email addresses that users post in our forums and other public posting areas;
-Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
-Uploading or posting any off-topic or irrelevant material to any forum;
-Interfering with or disrupting any servers or networks used to provide the Communication Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communication Services;
-“Stalking” or otherwise harassing another;
-Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
-Collecting or storing personal data about other users;
-Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means;
-Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam.
We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $50 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses.
Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components, and that we are not responsible for any damages you may incur as a result of the same. (See section titled “Limitations on Our Liability”).
Indemnity.
You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this website.