AGREEMENT BETWEEN USER AND THEOTOKANTOWN.COM.
When we receive an e-mail, we make reasonable efforts to respond in as timely a manner as possible but Theotokantown.com does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error and Theotokantown.com specifically disclaims any liability with respect thereto.
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for or use the Website. The Website and its content are not directed at children under the age of 13. If, notwithstanding these prohibitions, your children disclose information about themselves in our public discussion areas, consequences may occur that are not intended for children (for example, they may receive unsolicited messages from other parties). In the event that we learn we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please send an email to us at firstname.lastname@example.org. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) to join this Website.
The Website is one way for you to gather information and to make contact with companies or other contracting sponsors in your area who have arranged to post advertisements on, and make other information available through, our Website (the “Sponsors”). Our relationships with a Sponsor in a particular area are based on factors we establish, which may include offering exclusivity in a particular region. Sponsor information may be displayed based on the zip code where you reside. All information regarding a specific Sponsor has been provided by that Sponsor.
We contract with Sponsors for a fee and such fee is not based on the volume or value of any services Sponsors may or may not provide to our users. We do not endorse, credential or accredit the services our Sponsors advertise and make no representations or warranties about the type of services, quality of care, source of payment or billing practices of our Sponsors. We do not verify or update the licenses, accreditations, certifications or other permits and approvals of any Sponsor. You are responsible for all activities between you and a Sponsor.
If you indicate that you wish information about or from a Sponsor, or to be contacted by a Sponsor, this information is passed along to the Sponsor. We also provide to our Sponsors general information about the users who contact our Website.
CONTACTS WITH OTHER WEBSITES
Our Website may include or provide links to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that our Website does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that Theotokantown.com has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.
Theotokantown.com strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic.
COPYRIGHT AND TRADEMARK
All text and images are Copyright© Theotokantown.com. The names on our Website(s) and associated logos are proprietary trademarks and service marks of Theotokantown.com.
The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of Theotokantown.com. All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from Theotokantown.com. The Website includes an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify Theotokantown.com and its subsidiaries for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant Theotokantown.com a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any information or material submitted by you through the Website.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us along with the copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work 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 dispute use is not authorized by the copyright 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 owner or authorized to act on the copyright owner’s behalf.
Theotokantown.com’s Copyright Agent for Notice of claims of copyright infringement can be reached at: +1-480-445-9689 by telephone; or by email: email@example.com
We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to Theotokantown.com that you will not use them for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
USE OF MESSAGE BOARDS
The Website includes many community message boards. To access the message boards, and certain areas of each community, you will be required to create an account on our Website. You will need to select a user name and password; the username that you select is the name that appears when you post on the message board. It can be any name that you select, as long as someone else has not selected that name before you. Your password, like your username, is only for logging into the communities. It can be anything you want it to be. If you are an AOL user, it does not have to be your AOL password, and in fact, we suggest that you not use your AOL password.
Considering the real-time nature of the message board(s), Theotokantown.com cannot review messages or confirm the validity of information posted. We do not actively monitor the contents of posted messages, are not responsible for any messages posted, do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Administrators or any entity or individual associated with Theotokantown.com. Any user who feels that a posted message is objectionable is encouraged to contact the Administrators immediately by email. The Website Administrators may in its discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.
USE OF CLASSIFIED ADS
The Website includes a community Classified Ad section. In order to post an ad in this section you will be required to select a user name and password. In order to edit or delete your ad the user must be logged in with the same account information as when the original ad was posted.
Considering the real-time nature and volume of traffic on this website, the administration cannot review ads or confirm the validity of information posted. The administration does not actively monitor the contents of ads posted, is not responsible for any ads posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message or content of ad, and is not responsible for the contents of any ad. Buyer Beware and due diligence is recommended before purchases are made from any classified ad. Any user who feels that any posted ad is objectionable is encouraged to contact the website’s administrator immediately by email. We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular ads may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. You remain solely responsible for the transactions of Classified Ads, and you agree to indemnify and hold Theotokantown.com harmless with respect to any claim based upon transactions of goods sold through the Website. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any fraudulent act committed by you with regard to a classified ad.
LIMITATION OF WARRANTY
INFORMATION SUPPLIED BY OUR WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND NEITHER Theotokantown.COM NOR ANY OF THE PROFESSIONAL PARTICIPANTS, INCLUDING WITHOUT LIMITATION OUR SPONSORS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT Theotokantown.COM, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH Theotokantown.COM OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF Theotokantown.COM OR ITS SUBSIDIARIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
Theotokantown.COM CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS OR OTHER DEFECTS IN THE INFORMATION SUPPLIED TO OTHERS, OR THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. THE FOREGOING IS IN ADDITION TO ANY OTHER LIMITATIONS AND DISCLAIMERS SET FORTH ELSEWHERE IN THIS AGREEMENT.
IN ADDITION TO ANY OTHER INDEMNIFICATIONS BY YOU SET FORTH ELSEWHERE IN THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Theotokantown.COM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, DEMAND, OR CAUSE OF ACTION, INCLUDING ANY (INCLUDING ATTORNEYS FEES) ARISING OUT OF CLAIMS BASED ON ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, (I) CLAIMS BASED ON DEFAMATION OR OTHER CONDUCT BY YOU IN USING THE WEBSITE, OR (II) YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY LAWS INCLUDING WITHOUT LIMITATION THOSE RELATING TO COPYRIGHT, TRADEMARKS OR TRADE SECRETS.
If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from our Website shall be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from Theotokantown.com shall be brought exclusively in the United States District Court, Arizona District, Maricopa Division or the Circuit Court for Maricopa County, Arizona, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to Theotokantown.com shall be given in writing and sent by certified and registered mail to Theotokantown.com, 9633 S. 48th Street Suite 200, Phoenix, AZ 85044 Attn: President, Lorie Xelowski.
This Agreement constitutes your entire agreement with our website(s) and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website(s), and that it applies to all persons accessing the Website(s) from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. Theotokantown.com has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, Theotokantown.com has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by Theotokantown.com contrary to those set forth above.
To comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you agree that you will not submit any information or materials containing Protected Health Information (“PHI”). PHI is information or materials relating to an individual's medical condition or care and from which an individual can be identified. You further agree to indemnify, defend and hold harmless Theotokantown.com and its affiliates and their respective officers, directors, agents and employees from, for and against any claim, demand or cause of action, including payments of reasonable attorneys' fees and costs arising out of or related to any violation of HIPAA or failure to comply with the terms of this section. If Theotokantown.com determines that you have distributed PHI on the Website without de-identifying it as required by HIPAA, it will so notify you and may suspend or terminate your right to access the Website.
If you encounter a blog that you believe violates our content policies, please report it to us using the 'Report Abuse' link located at the top of each blog and within each post.
Communicating on message boards is different from face-to-face communication. Only the words are seen, not your facial expressions or tone of voice. Please pay careful attention to how you use your words.
Remember that the words you enter in a burst of passion or indignant anger will be there for you and everyone else to see, sometimes long after those intense feelings have passed. That's not meant to discourage spontaneity, but just a friendly reminder of the long-term existence and effects of what you post.
You may, from time to time, find yourself in disagreement with someone else's opinion. At times like these, please keep in mind it's safer and more polite to take issue with the comments rather than the person.
By becoming a member of a Theotokantown.com community, you agree that you will not post any of the following material in any of our message board communities or send to another community member (by personal delivery, mail, email or otherwise) any communication that is intended to harass, belittle, humiliate, threaten in a physical, emotional, legal or economic nature or cause embarrassment to a fellow member.
• Material that contains vulgar, obscene or indecent language or images.
• Material that defames, abuses or threatens others, including but not limited to threats of instituting litigation against another member.
• Statements that are bigoted, hateful or racially offensive.
• Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
• Unauthorized copyrighted material.
• Personal information of anyone (address, phone number, etc.) without their express permission.
• Personal information of another user (name, address, phone number, picture, etc.) who may wish to remain anonymous.
• Material that impedes or otherwise prohibits communication; disrupts the discussion including, without limitation, using names that are offensive to the topic or the member, and repeatedly posting off-topic messages in a topical message board.
Statements or postings that violate the above terms will be deleted from postings upon discovery. While we may attempt to notify you if we move or delete a post, we are under no obligation to do so. Depending on the nature of the violation, Theotokantown.com, at its sole discretion, may suspend or terminate a member's account without notice.
The “Golden Rule” for the board is to respect others. This board includes members of all ages and backgrounds. Focus on the subject matter not the person. This is a place to share information, ideas and thoughts. If you have problems with a member, a questionable post or picture, please report the problem either by sending a PM to the moderator, administrator, or by using the "Report Abuse" link found at the bottom of every post. We will try to handle these matters in a timely manner. Failure to follow this procedure may result in termination of your account as determined by Theotokantown.com, in its sole discretion.
Any posts, including pictures, avatars, and signatures that violate the rules can either be edited or deleted at the moderator’s discretion with or without a warning.Threads that are started and then turned into bashing, name calling and racial slurs will have the whole thread deleted.
You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from Theotokantown.com.
The message boards on Theotokantown.com provide a forum to share and exchange information. As we grow larger and as our membership numbers increase, we have found a small percentage of our new members are misusing the message boards by promoting their products and/or services. This is detrimental to both Theotokantown.com and to those who frequent Theotokantown.com for a variety of reasons. First, many legitimate threads are “hijacked" into sales pitches and the original interesting discussion is often lost. Second, if a thread is started by someone looking to sell their product or service, then the message boards quickly become cluttered with these types of “spam” threads and one has to sift through them to find threads where exchange of helpful information is taking place. Last, Theotokantown.com’s desire is to keep membership free. To be able to do this and continue enhancing this Website, revenue is generated by advertising. However, the companies who are supporting the community by purchasing advertising find it unfair that certain members are taking advantage of the message boards by posting their “free advertising”. For these reasons, the Moderators and Administrators have been instructed to remove these types of posts and threads. They are instructed to notify the offender with a message similar to this…
"I have deleted the thread or post that you started regarding your company as this is considered "spamming" of the boards. We ask instead that you fill out your profile and use the signature area to market your company and then participate and contribute on the message boards by answering questions or giving suggestions within those same forums you posted in earlier. Thank you for your cooperation."
As a courtesy from Theotokantown.com to all members, the signature area can be used, within reason, for contact information or to promote your company/product or a “special deal” you may be offering the members.
What work’s best for members who have something to sell is to contribute to the message board on a regular basis, giving helpful advice and answers versus being viewed as only posting to promote your products. While contributing, your contact information is seen in the signature area and those that have been helped (as well as others that have seen this help) will then know how to reach you.
Threads started for the purpose of selling, introducing, or talking about one's own product, company, or service will be removed. Posts interjected into existing threads for the same purpose will be removed. This being said, we do not want to stifle the flow of good information on Theotokantown.com so if members pose a question about a product, company, or service, then of course answers may be posted (within reason). At times, there may be a fine line in the interpretation of what is helpful information and what is an attempt at “free advertising” but the decision of the moderators and administrators is final and no second guessing of their decisions on the message boards will be permitted. If you disagree contact the administration through email or private message.
Within the body of a post, do not use links for the purpose of either self-promotion or promotion of others, whether it be for product, service, website, or blog. We encourage following the easy instructions in the Help Section to embed non-promotional YouTube videos on Theotokantown.com. One can put links to one's website or blog in the signature area.
The Theotokantown.com Personal Message system is not to be used to contact other members to solicit business for one’s service or product. If a member asks on the message board about a product or service you may contact them via private message, however it is a violation of the message board guidelines to send unsolicited personal messages to any of our members in order to promote your company or a product or service. Please place "looking for a job", "job opportunities", and "personal items for sale or rent" in the Theotokantown.com Classified Ad section. The message board is not to be used for this purpose.You also have the option to place this type of information in your signature area.
Below are additional guidelines that all of us need to follow to make this board a place for all to read, learn from and enjoy. Because of problems inherent to internet message boards, personal attacks, sexual content, sexual avatars and signatures, obscenities, and cussing, it is necessary to address these issues of the message board.
Board Etiquette Guidelines:
1. No personal attacks, threats or name calling on the board and in sending private messages and emails.
2. Members should have a single account. If individuals have multiple accounts, it may lead to permanent banning from the board. Only one person may use a registration. Giving a login and password to someone else to use is strictly forbidden. Giving it so someone that is not a member of Theotokantown.com will lead to permanent banning.
3. Do not use inappropriate user names i.e. racial slurs, profanity, vulgarity, etc.
4. No posting of sexually explicit images or offensive material in avatars, user title or in signatures. Including URL’s that link to inappropriate sites.
5. Please post in the appropriate forum. Moderators will possibly move your thread or post to the proper forum.
6. Try not to post multiple threads on the same topic.
7. Stay on topic. Don’t hijack a thread by changing the topic of the thread. If this does happen the post can be deleted.
8. When you copy and paste news articles or things from other web sites please post the URL, this brings credibility to your post.
9. Don’t feed the trolls. Trolls post messages that are inflammatory and only serve to incite fellow members and cause trouble on the board. When trolls are identified their posts can be edited and deleted by the moderators which could lead to banning. Furthermore, due to attacks on new posters by others that are calling them Trolls, we have no choice but to inactivate for a week or two anyone who calls another member a troll or even questions if they are a troll on the message board. What you should do instead is to hit the Report Abuse button or PM myself or any administrator and we will investigate it privately. Calling another member a troll or even speculating about it openly will no longer be tolerated. It is rude and is causing some new posters who are legitimate, pause for concern about posting.
10. No baiting posts. Posts made for the sole purpose of eliciting anger in another member or group of members on a thread is against the rules and will be edited or deleted.
11. No shouting. Posting in all capital letters is considered shouting.
12. Please don't argue with the administrators and moderators. Calling them out on the open boards will result in deletion. Please do not question their actions or motives in a message board thread. If you disagree with an action taken contact the administration by PM or Email.
13. Sending abusive PM's and/or emails to the administrators or moderators can lead to banning.
I HAVE READ THE FORGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Effective: November 2017