Terms of Service
You must agree to the following terms of service in order to participate or access b@l in any way.
Acceptance of Terms
B@l (powered and operated by Thoughtposter.com) provides a collection of anonymous posts or "thoughts", (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). By using the Service in any way, you (also referred to as “the user”) are agreeing to comply with the TOS. In addition, when using particular b@b services, you agree to abide by any applicable posted guidelines for all b@b services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with b@b in any way, your only recourse is to immediately discontinue use of b@b. b@b has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution. By accessing or using b@l, you agree to the terms.
Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at boredatlamont.com/terms.
Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole discretion of the person from whom such Content originated.
You hereby grant b@l ("ThoughtPoster.com") (powered and operated by Thoughtposter.com) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, on your behalf, with or without expressed permission through any and all affiliated accounts in connection with the Service and (b) to use the content you have created, distributed or otherwise made available through the Service for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Service or the promotion thereof.
You understand that b@b is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the b@b site and Content available through the Service may contain links to other websites, which are completely independent of b@b. b@b makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will b@b be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that b@b does not pre-screen or approve Content, but that b@b shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason. This Service, including all of the software and code comprising or used to operate our Service, all of the personalized b@b Sites, and all of the text is owned by b@b or by third parties who have licensed their rights to b@b. No right, title or interest in our Service, any b@b Site, or any Content produced, distributed, modified, transferred, stored, and other is transferred to you under these Terms of Service.
Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that includes personal or identifying information about another person without that person's explicit consent;
e) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f) that constitutes or contains "affiliate marketing," "link referral code,", "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
g) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
h) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
j) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
k) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
l) "stalk" or otherwise harass anyone;
m) collect personal data about other users for commercial or unlawful purposes;
n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by b@b;
o) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
p) attempt to gain unauthorized access to b@b's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the b@b website; or use any form of automated device or computer program that enables the submission of postings on b@b without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.q) use any form of automated device or computer program ("flagging tool") that enables the use of b@b's "report system" or other community moderation systems without each report being manually entered by the person that initiates the report (an "automated reporting device"), or use the reporting tool to remove posts of competitors, or to remove posts without a good faith belief that the post being reported violates these TOS;
FOR ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE COURT LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA OR FEDERAL COURT LOCATED IN SAN FRANCISCO, CALIFORNIA.
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