1. ELIGIBILITY AND REGISTRATION
2. RULES FOR USE
You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. You may not use the Site for any illegal or unauthorized purpose. You agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You agree that you will not upload, post, display, or otherwise distribute (collectively, "post") to the Site any content, including text, files, images, photos, audio clips, video clips, musical works, works of authorship, links, or other materials (collectively, "Content") that:
§ is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
§ victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
§ infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
§ constitutes unauthorized or unsolicited advertising, or otherwise involves the transmission of junk or bulk e-mail (also known as "spamming"), chain letters, surveys, contests, pyramid schemes, mass distribution lists, or any other form of unauthorized solicitation, or any form of lottery or gambling;
§ contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
§ impersonates any person or entity, including any employee or representative of Wild Hares.
Wild Hares is not obligated to pre-screen, monitor or edit the Content posted by its users. We assume no responsibility for such Content, no obligation to modify or remove inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. However, we reserve the right to delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal, or violate the rights or threatens the safety of any person.
3. PROPRIETARY RIGHTS
a. By posting any Content to the Site, you hereby grant to Wild Hares a non-exclusive, fully-paid and royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely in connection with the Site. This license will terminate upon your removal of such Content from the Site.
b. You represent and warrant that (i) you own the rights to all Content posted by you, or are authorized to grant the license set forth in section 3(a) hereof, and (ii) the posting of your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to the Site.
The entire content (including text and "look and feel" attributes) of the Site is ©2010 Wild Hares, LLC. All rights reserved.
d. The Site contains Content of other users and Wild Hares licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Site.
4. LINKED CONTENT
We may provide, or third parties may provide, links from our Site to other World Wide Web sites ("Third Party Sites"). These Third Party Sites are not under the control of Wild Hares, and you acknowledge that Wild Hares is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, software, or other material of such Third Party Sites. The inclusion of such a link does not imply endorsement of any Third Party Site by Wild Hares or any association with the operators of the Third Party Site.
Wild Hares reserves the right, in its sole discretion, to terminate your access to all or any part of the Site at any time, or to discontinue temporarily or permanently the Site, with or without notice. You acknowledge and agree that termination of access to the Site may be effected without notice, and acknowledge and agree that we may immediately deactivate your account and delete your Content.
7. DISCLAIMERS OF WARRANTY
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE (THE "CONTENT?) ARE PROVIDED "AS IS? AND "AS AVAILABLE? FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR ASSISTANCE PROVIDED BY WILD HARES OR ITS EMPLOYEES, REPRESENTATIVES, OR OTHER AGENTS SHALL BE DEEMED TO CREATE A WARRANTY. WILD HARES DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WILD HARES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WILD HARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) YOUR PARTICIPATION IN ANY PROGRAM OR EVENT PROMOTED OR COORDINATED THROUGH THE SITE, OR (C) ANY OTHER MATTER RELATED TO THE SITE. UNDER NO CIRCUMSTANCES WILL WILD HARES? AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SITE, EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY WILD HARES FROM YOU.
BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WILD HARES? LIABIILTY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. AFFILIATES AND AGENTS OF WILD HARES
The provisions of the above Sections regarding Indemnification, Disclaimer of Warranties, and Limitation of Liability are for the benefit of Wild Hares and its affiliates, managers, members, employees, representatives, consultants, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. IDEA SUBMISSIONS
You agree to grant to Wild Hares a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Wild Hares (such as message boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Wild Hares for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
11. INTERNATIONAL USE
Wild Hares makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, including all applicable laws regarding the transmission or exportation of data.
12. ELECTRONIC MEANS
You and Wild Hares desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Wild Hares and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
13. CHOICE OF LAW AND FORUM
14. SEVERABILITY AND INTEGRATION