Terms of Service For Users Of Dwank.com
1. General Terms of Service and Guidelines; Acceptance
The following Terms of Service ("TOS") detail the rules and requirements for using Dwank.com including any of its services ("the Site"). Anyone accessing the Site, including registered users, unregistered users, and visitors ("Users") agree to be bound by TOS. You only recourse if you do not agree with the TOS is to go away and not use the Site. And what a waste THAT would be, because this site rocks!
Although our lawyer spent a lot of time (and we spent a lot of money) creating this TOS, and he thinks that he covered everything, he may not have. So, just in case, we reserve the right to change this TOS from time to time. If we do make any changes, we'll publish them right here. You have 10 days to decide whether or not you're OK with the changes. If you're not, you need to stop using the site. We probably won't e-mail all Users to tell them that the TOS has changed, so it's best if you check back here from time to time if you're the kind that worries about these things. The date at the very top of the page will always reflect the latest TOS version.
2. Dwank.com Services
A. Service Changes and Discontinuation. We like Dwank.com, and we want to make sure it continues to rock. But we don't have a crystal ball so we have no idea what the future hold. If it turns out that that running the Site causes a hole in the space-time continuum, or we decide to take the Site down for any other reason, you can be sad if you want to be, but we're not liable to you for any reason if the service is discontinued.
B. Limitations of Service. You agree that our Services are provided "AS IS" and "AS AVAILABLE". We work hard to keep the Site running but you know how the Internet and computers are. If a bit turns into a null, or our ISP suffers a Karma strike, things could get fouled up to a fare-the-well and the Site may go dark for a while. If this happens, you can be annoyed right along with us, but we're not responsible for any loss of service, data or personal settings that get trashed as a result.
C. Posting User Content; No Endorsement of User Content. User content is anything that you, the User, posts to the Site, sends to the site via e-mail, or otherwise manages to get in front of us or our users. This includes personal and private messages, your personal profile, e-mail, love letters, pictures of you at Spring Break, your squeeze's numbers, bad comments about the Dixie Chicks, you name it. Since you posted it, and we didn't, and because we don't have the time to check everything that every user posts, you need to step up to the plate and take responsibility for your own content. We don't endorse any User contributed content and we don't necessarily agree or disagree with anything that's posted. Even so, we have the right to delete anything we want to, but we don't have the obligation to do so. Anyway, what "stepping up to the plate" means is that you agree not to post anything that's unlawful, harassing, libelous, invades someone else's privacy, or is abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. You also agree not to post anything that violates anyone's copyright or trademark rights. If you do any of that, we might ask you to leave. If some lawyer starts screaming at us because of something you posted, we're going to tell them where you live so they can take it up directly with you.
3. General Rules
On top of everything you've read so far, our lawyer also wants you to know the following:
A. No lying! You agree to post accurate information, including your contact information, anytime you post anything to the Site.
B. Don't give out your password. If someone logs in using your ID and password and does something nasty or objectionable, we're going to think it was you. Also, if someone logs in and trashes your account, we can't help you and we're not responsible either. Enough said?
C. Be A Good Citizen. Don't do anything that breaks the law while you're using our site. That includes all of the copyright and trademark stuff we already told you about as well as the harassing, threatening and other stuff mentioned so very clearly in Paragraph 2C above.
D. Permitted Use of Content. We own or license all of the content that we bought and paid for or came into possession of through any other means. This includes all of the text on our site, the web page designs, graphics, audio and video, server software, photos, and other items collectively called our "Intellectual Property". You can look, listen and read, but you can't download any of our Intellectual property or use it for any other reason without our written permission.
E. Non-Permissible Use Of Services. You will not employ or permit to be employed any robots or "content scrapers" that are intended to collect any of the content posted on the Site. You also agree not to use any auto-posting software or employ any other automated means to post messages, send e-mail or otherwise flood the site with content. Oh, and you also agree never to make believe that you are one of our employees, agents, forum monitors, etc.
4. Monitoring
We make our best effort to monitor content for appropriateness but there's no guarantee that we'll catch everything or anything for that matter. So if you end up being shocked by something, go ahead and tell us about it and we may delete it if it violates the TOS. However, if you're easily shocked, keep in mind that all content may be posted live and without any moderation.
5. Content Privacy
Anything that you post on the Site has the possibility of being read by others including people that you may wish hadn't read it. Be careful what you post because you automatically disclaim any right to privacy when you do it.
6. Rights You Grant to Dwank.com
You automatically grant Dwank.com, its affiliates, distributors, and successors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed.
7. Even More Legal Agreements
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DWANK.COM EXPRESSLY DISCLAIM 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.
B. Copyright Infringement. If you believe that your intellectual property rights have been violated because of any content posted on the Site, provide us with the following information so we can investigate your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Dwank.com can be reached as follows:
By mail:
Dwank.com
Attn: Jakob Jelling
Eckersbergsgade 38, 2. sal
8000 Aarhus C
Denmark
Email: info@dwank.com
C. Miscellaneous. Dwank.com's rights under the TOS may not be waived unless Dwank.com agrees to such change in writing. The TOS and your account on the Services are specific to you and you do not have the right to transfer your rights to anyone else. Dwank.com's performance of the TOS is subject to existing laws and legal process, and nothing contained in the TOS is meant to imply that we will not fully comply with the law even if it means doing something that we said we would not do in the TOS. If any part of the TOS is determined to be invalid or unenforceable by a court of competent jurisdiction, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. The TOS, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and Dwank.com regarding the Services. A printed version of the TOS, or any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOS shall be written in English.
D. Notices. Dwank.com may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided Dwank.com with your accurate email address.
Direct questions or notices to Dwank.com as follows:
Dwank.com
Attn: Jakob Jelling
Eckersbergsgade 38, 2. sal
8000 Aarhus C
Denmark
Email: info@dwank.com