You agree that these User Conduct Guidelines shall govern your activities on any chat room or bulletin board accessed from the SHAKESTIR, LLC website, (the “Website”).
You further agree to comply with the Terms & Conditions that govern the Website generally. If there is any inconsistency between these User Conduct Guidelines and the general Terms & Conditions for the Website, you agree that these User Conduct Guidelines shall take precedence.
You agree that you have read and are familiar with the following guidelines. Please note that users who violate our guidelines will be sent a warning, and if necessary, he or she will be banned from further posting.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "Content") is the sole responsibility of the person with whom the Content originated. Therefore, you are responsible for all Content that you disseminate or transmit through or by means of the Website, including by posting on any chat room or bulletin board.
You will post honestly and in good faith and with the intention to inform and promote discussion. Users who cause disruption are not welcome. If we believe you are posting with the intent to cause disruption or harm, you will be barred from making further postings.
You agree not to:
(1) post or disseminate any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
(2) post or disseminate any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
(3) post or disseminate any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
(4) post or disseminate any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
(5) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
(6) post or disseminate any Content you do not have the right to post, disseminate, or transmit;
(7) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
(8) interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
(9) attack the character or damage the reputation of any other Website users, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user;
(10) insult, attack, belittle, or ridicule the beliefs and life choices of other Website users;
(11) collect or store personal data about other users;
(12) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
(13) use the Website for any illegal purpose;
(14) post the first and last name or any other identifying information of any individual, including without limitation, where they work, or the exact address where they live, unless you have his/her permission;
(15) post the names and/or other identifying information relating to any nutritionist, doctor or other healthcare professional unless you have his/her permission;
THIS IS NOT A WEBSITE FOR GIVING OR RECEIVING PROFESSIONAL ADVICE OF ANY KIND. DO NOT ATTEMPT TO GIVE PROFESSIONAL ADVICE FROM THIS WEBSITE. DO NOT TAKE OR RELY ON ANY PROFESSIONAL ADVICE THAT IS PROVIDED FROM THIS WEBSITE IN VIOLATION OF THESE GUIDELINES.
(16) forward or post private messages that someone has sent you unless you have his/her permission; or
(17) select a screen name that is vulgar or obscene or that misrepresents you to other users;
(18) You are welcome to post photos, as long as they are consistent with all of our guidelines and that you have obtained consent from the photographer and from any person who is depicted.
(19) You may mention, link to or discuss other websites that are of interest to users, provided that websites to which you link or refer are consistent with our guidelines.
Violations of these Guidelines
(1) If you violate these User Conduct Guidelines, your actions may result in either a warning, a suspension, or permanent banning from participation on the Website.
(2) Banning is done at the sole discretion of SHAKESTIR and is the result of our sole judgment of a user's demonstrated inability or disinclination to follow our guidelines.
You acknowledge that SHAKESTIR does not generally prescreen Content, but that SHAKESTIR and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Website. SHAKESTIR reserves the right in its sole discretion to refuse access to the Website to any user for any reason. Without limiting the foregoing, SHAKESTIR and its designees will have the right to remove any Content that SHAKESTIR considers, in its sole discretion, objectionable, whether for legal or for other reasons.
By posting Content to the Website or by transmitting Content using the Website, you (1) represent and warrant to SHAKESTIR that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit Content; and (2) grant to SHAKESTIR an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, format, media, or technology now known or later developed.
You acknowledge that the Website contains the opinions and views of other users, for which SHAKESTIR is not responsible. You acknowledge further that SHAKESTIR is not responsible for the accuracy of any Content posted on the Website, including without limitation any Content relating to health and nutrition. You understand and agree that you shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to SHAKESTIR regarding the Website, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. SHAKESTIR will have no obligation of any kind with respect to Received Materials that you do not restrict and SHAKESTIR will be free to reproduce, use, disclose, exhibit, publicly display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict.
You acknowledge that SHAKESTIR may post your profile on the Website. You also acknowledge that what you post may be indexed by search engines such as Yahoo or Google. Furthermore, SHAKESTIR is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to SHAKESTIR, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Storage of Content
You agree that SHAKESTIR may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Website. You agree that SHAKESTIR has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Website.
Your Contact with Third Parties
Your dealings with third parties found on or through the Website are solely between you and the third party. SHAKESTIR does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that SHAKESTIR will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
You agree that SHAKESTIR may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content from the Website, without prior notice to you for any reason that OB / QMG, in its sole discretion, deems appropriate. You further agree that SHAKESTIR will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions regarding intellectual property rights, indemnification, disclaimers, warranties, limitations of liability, and applicable law shall survive any such termination.