LASERPOINTERFORUMS.COM
TERMS OF USE
1.
Agreement
This Terms of Use (this “Agreement”) sets forth the terms and conditions that apply to your use of “www.LaserPointerForums.com” and its related or affiliated websites and webpages (hereafter referred to as “www.LaserPointerForums.com,” or the “Website”) and the services and materials (the “Services”) offered to you by www.LaserPointerForums.com.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU USE WWW.LASERPOINTERFORUMS.COM OR ANY SERVICE PROVIDED BY LASER POINTER FORUMS (AS DEFINED BELOW). YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE WEB SITE.
Laser Pointer Forum, LLC, including its officers, directors, employees, representatives and agents (collectively, “Laser Pointer Forums”) may revise
this Agreement, if so authorized, at any time by posting an updated version to the web site. You should visit this page from time to time to review the
most current terms and provisions of this Agreement because they are binding to You.
2.
Definitions
“Content” - information, notes, concepts, ideas, suggestions or other materials to any public or non-public area of the Website, including message boards, forums, contests, and chat rooms.
“You,” “your,” and “user” used in this Agreement refer to all individuals or entities, or both, using or permitted to use this web site for any reason.
“Employer” refers to any individual or entity seeking to, actually or potentially, pay, employ or hire any user, whether as an employee or
independent contractor.
3.
Eligibility
You must be the age of majority as that is defined in your jurisdiction to visit or use the Website in any manner. You represent and warrant to Laser
Pointer Forums that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and
abide by this Agreement. You also represent and warrant to Laser Pointer Forums that You will use the Website in a manner consistent with any and all
applicable laws and regulations.
4.
Intellectual Property, Refund Policy
& Complaints/Use of Material
All web site design, text, graphics, images, photographs, illustrations, audio clips, video clips, artwork, logos, button icons, software, and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof, and trademarks, service marks, and tradenames, (collectively referred to as the "Material"), are the property of Laser Pointer Forums its officers, assigns, licensors or other respective owners and are protected without limitation pursuant to United States and foreign copyright, trademark, patent, intellectual property, and other laws. Laser Pointer Forums grants you a personal, non-exclusive, non-assignable and non-transferable license to view and to download a single copy to use and display for non-commercial and personal use only, provided you maintain all copyright, trademark, service mark, and other notices contained in such Materials and keep intact all proprietary and other notices. Donations and subscriptions are non-refundable. No refunds for any donation or account upgrade such as "Site Supporter" role.
Notwithstanding anything to the contrary herein, You are authorized to view and access a single copy of the content available on the Website for your sole use.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of Laser Pointer Forums. Use of www.LaserPointerForums.com and/or its licensors’ Material is only permitted with Laser Pointer Forums’ express written permission. You further agree that you will not dissemble, decompile, reverse engineer or otherwise modify the Material.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the code on any part of the Website, including that which Laser Pointer Forums creates to generate its pages, or is generated in portions of the site licensed from or by a third party. This code is also protected by Laser Pointer Forums’ copyright and other intellectual property rights, as well as the copyright and intellectual property rights of portions licensed from or by a third party.
We respect others’ intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement or are aware
of any infringing material placed by any third party on this web site, contact us via the method available at the bottom of the Website.
5.
General Prohibited Uses
You may not use the Website in order to transmit, distribute, store, or destroy
Material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, (c) that is defamatory, sexually explicit, obscene, harassing, threatening, abusive, hateful, terroristic or otherwise objectionable. You may not use the web site in order to transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Laser Pointer Forums).
You are prohibited from violating or attempting to violate the security of the web site, including, without limitation, (a) accessing data not intended for such user to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus, worm, spyware, Trojan horse, time bomb, bot or other computer program routine or engine, or other harmful or disruptive component, to the web site, overloading, "flooding," "spamming," "mail bombing," "crashing," “hacking” or “cracking” or defacing any portion of the Website, (d) sending unsolicited email, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.
Violations of system or network security may result in discontinuing your access to the web site and services, and/or civil or criminal liability. www.LaserPointerForums.com will investigate violations and may involve law enforcement authorities to prosecute those responsible to the extent permitted by law. Laser Pointer Forums may review and remove, at its sole discretion, any User posted Content for any reason whatsoever.
6.
Registration
You must register to use certain portions of the Website. You will be asked to expressly agree with this Terms of Use when you register.
After you have read the Terms of Use, you must both click the checkbox indicating your agreement with the Terms of Use and complete the registration
process in order to enjoy all the privileges of being a registered user. If after you have read the Terms of Use you do not agree to comply with the
Terms of Use you must discontinue using the Website. The Terms of Use applies to all uses of the website; therefore, if you disagree with the Terms of
Use discontinue use of the website. The Terms of Use also applies to any and all prior registered users of the Website.
7. Use of Secure Area and Password
Use of any password-protected area of the web site is restricted to the registered user who has been given permission to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to the Website resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Laser Pointer Forums of any unauthorized use of your registration or password.
8. Specific Prohibited Uses
The Website may be used only for lawful purposes. You agree not to engage in the following prohibited activities:
§ Post any incomplete, false, or inaccurate biographical information, or information about yourself.
§ Create multiple accounts.
§ Delete or revise any Material posted by any other person or entity.
§ If you have a password allowing access to a non-public area of the Website and/or directory/guide, disclosing or sharing your password with any third party or using your password for any unauthorized purpose.
§ Use any device, software, or routine to interfere, or attempt to interfere with the proper working of this web site or any activity conducted on this site.
§ Use or attempt to use any engine, software, tool, agent, or other device, retrieval application, or mechanism (including without limitation browsers, scrapers, spiders, robots, avatars, or intelligent agents) to navigate, retrieve, index, “data mine,” or search this web site or in any way reproduce or circumvent the navigational structure or presentation of any the Contents other than the search engine and search agents available from the Website and other than generally available to third-party web browsers (e.g., Safari, Microsoft Explorer).
§ Attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, or reverse engineer any of the software or Content comprising or in any way making up a part of the Website.
§ Aggregate, copy or duplicate in any manner any of the Materials or information available from the Website beyond what is authorized, to you under this Agreement.
§ Frame, link, or mirror of any part of the Website without prior written authorization or linking to any of the Materials or information available from the web site, without our permission.
§ Harvest or collect information about visitors to or members of the Website without their express consent.
§ Permit anyone whose service was terminated to use any the Website service through your service, such as your registration, user name and password.
§ Post Content that is implicitly or explicitly offensive, such as Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual.
§ Post Content that harasses, incites harassment or advocates harassment of any group or individual.
§ Transmit "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
§ Promote or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
§ Post Content that implies that You imply or state, directly or indirectly, that You are affiliated with or endorsed by Laser Pointer Forums unless You have entered into a written agreement with Laser Pointer Forums.
§ Post Content that has restricted or password only access pages, or hidden pages or images.
§ Post Content that displays or links to pornographic, indecent, sexually explicit or violent material of any kind.
§ Post Content that provides instructional information about illegal activities or other activities prohibited by this Agreement, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media.
§ Access, reload or “refresh” or make any other requests to transactional servers more than once during any three second interval.
§ Use or create an account for another individual or entity without authorization on the Website.
Violations of system or network security may result in discontinuing your access to the web site and services, and/or civil or criminal liability. Laser Pointer Forums or the Website will investigate violations and may involve law enforcement authorities to prosecute those responsible to the extent permitted by law.
9.
Posting, Content, and Conduct
You agree that the information you provide will be accurate and complete and that you will update us if it changes. You may enter any changes in your username and password protected account information section. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement. Please note that we may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, or is vulgar, offensive, or might cause confusion, as determined by us in our sole discretion.
When you submit or post Content to our public or non-public areas you grant Laser Pointer Forums a worldwide non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display, digitally perform, make, sell, offer for sale, and import the Content worldwide and/or to incorporate it in other works in any form, media, for any purpose whatsoever, commercial or otherwise, without compensation to you now or later, for the full term of any rights that may exist in the Content. You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights validly and irrevocably and has granted to you the right to grant the license stated above.
10. User Submissions
Laser Pointer Forums does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or third parties, or endorses any opinions expressed by users or third parties. You acknowledge that any reliance on material posted by other users will be at your own risk. Laser Pointer Forums acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, Laser Pointer Forums may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. Laser Pointer Forums has no liability or responsibility to users for performance or nonperformance of such activities. Laser Pointer Forums reserves the right to expel users and prevent their further access to the web site for violating the Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. Laser Pointer Forums may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion.
11.
Security
Protect your personal information by never providing Social Security, credit card, or bank account numbers to others. You are reminded that there are risks, including but not limited to, the risk of physical harm and theft of one's identity when dealing with strangers and people who are acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. Also, you are reminded that other’s communications and information may be offensive, harmful, inaccurate, mislabeled, and/or deceptive. You must be careful and vigilant.
12.
Representations and Warranties; Disclaimer
YOU ACKNOWLEDGE THAT YOU WILL BE RESPONSIBLE FOR PROTECTING THE PRIVACY AND CONFIDENTIALITY OF ALL INFORMATION THAT YOU USE.
LASER POINTER FORUMS WILL NOT BE HELD LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE INFORMATION YOU PROVIDE OR USE. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND WILL AT ALL TIMES COMPLY WITH THIS TERMS OF USE AND ALL LOCAL, STATE AND FEDERAL LAWS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. LASER POINTER FORUMS, TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE, AND LOCAL LAW, 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 AND
NON-INFRINGEMENT.
LASER POINTER FORUMS MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED, IF ANY, BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (5) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.LASER POINTER FORUMS.COM OR THROUGH OR FROM THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE THAT RESULTS, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COMPROMISED SECURITY, STOLEN IDENTITY/PERSONAL INFORMATION OR
OTHER DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR ANY INFORMATION OR
MATERIALS THAT MAY BE DOWNLOADED FROM THIS WEB SITE DO NOT OR WILL NOT CONTAIN DESTRUCTIVE FEATURES SUCH AS VIRUSES, WORMS, “TROJAN HORSES”,
SPYWARE, AND/OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY SUCH FEATURES.
LASER POINTER FORUMS WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION, AND/OR ATTORNEYS’ FEES. YOU AGREE NOT TO INFLICT ANY INJURY OR DAMAGE ON LASER POINTER FORUMS BY ANY MEANS, AND THAT, IF YOU
DO INFLICT SUCH INJURY OR DAMAGE, YOU WILL BE SUBJECT TO PUNISHMENT UNDER APPLICABLE LAW. THIS EXCEPTION LIABILITY APPLIES WHETHER BASED ON TORT,
CONTRACT, WARRANTY OR AN OTHER LEGAL THEORY AND WHETHER LASER POINTER FORUMS HAS BEEN GIVEN NOTICE OF POSSIBLE DAMAGES.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
13. Limitation of Liability
Your sole remedy for our liability arising out of or in connection with our web site is to discontinue using it. The sole and exclusive maximum liability to the Website and/or Laser Pointer Forums for all damages, losses, and causes of action will be the total amount paid by you to Laser Pointer Forums, if any, to access the Website and in no way will the Website and/or Laser Pointer Forums be liable for any amount in excess of $50.00.
14.
Links to Other Web Sites
The Website may contain links (hyperlinks) to Internet sites that are not maintained by or under the control of Laser Pointer Forums. The Website provides these links (including, but not limited to, links to advertisers and sponsors) only as a convenience and is not responsible for the content of those sites, including, but not limited to, sites by advertisers. Access such sites at your own risk. In addition, the appearance of a link does not imply that Laser Pointer Forums endorses the site or its products or services. You acknowledge and agree that Laser Pointer Forums will not be held responsible for the legality, accuracy, or inappropriate nature of any Content, advertising, products, services, or information located on or through the linked web site, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Content.
15.
Modifications to Agreement and Privacy Policy
Laser Pointer Forums reserves the right to change or modify the terms and conditions of this Agreement at any time. Such changes or modifications will
be effective immediately upon posting on this web site. You should check our Website, Terms of Use, and Privacy Policy frequently. Any use of the
Website by You after such notice will constitute acceptance of the changes or modifications.
16.
Indemnification
You agree to indemnify, defend, and hold harmless Laser Pointer Forums, its respective suppliers, licensors, officers, directors, representatives, contractors, employees, agents, or content providers from and against any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement), and damages, losses, costs, (including attorneys' fees and other court costs), or other expenses that arise directly or indirectly out of or from: (a) your use of the Website, or any services related to the Website; (b) any allegation that any Content or information you submit to us or transmit to our web site by you or others infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (c) any violation of this Agreement by you.
17. Miscellaneous
This Agreement will be governed and construed in the courts with the laws of the State of New Jersey without giving effect to its conflict of laws provisions. You hereby submit, through use of the site to the exclusive jurisdiction of the courts of the State of New Jersey and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of the Website.
Laser Pointer Forums does not represent or warrant that Materials or Content on the Website are appropriate or available for use in other locations and access to them from territories where the Content is illegal or prohibited. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This contains the entire Agreement between you and Laser Pointer Forums concerning your use of the web site.
You agree not to resell or assign your rights or obligations under the Agreement. You also agree not to make any “unauthorized” commercial use of the web site.
No waiver of any term or provision of the Agreement will be deemed a further continuing waiver of such term, provision or any other term or provision of this Agreement.
18.
Contact Information
Contact information: please email us at avery@abdomination.com
19.
Advertising Disclaimer
Reference in this website to any specific commercial products, process, service, manufacturer, or company does not constitute its endorsement or recommendation by Laser Pointer Forum, LLC. Laser Pointer Forum, LLC is not responsible for the contents of any "off-site" web page referenced from or advertised on this website. Conversely, Laser Pointer Forum, LLC does not take any ownership of the content found on external websites that link back to Laser Pointer Forum, LLC. Information or services detailed on external sites are not endorsed, warranted or guaranteed and are not necessarily representative of the views of Laser Pointer Forum, LLC. Laser Pointer Forum, LLC has not conducted any independent investigation or research regarding the claims, warranties, or representations made by third parties, including third party advertisers and thus, cannot verify any statements or implications made by such third parties displayed or posted anywhere on this website. Users purchase and use any third party products at their own risk.