ATVTORTURE Terms of Service
Introduction
These Terms of Service describe the way in which our members may use the ATVTorture.com web site and services, and the way in which we will operate this site. In this Agreement, "ATVTorture.com" means the ATVTorture.com web site, its subsidiaries that participate in offering services, or its agents, employees, contractors, or others authorized by ATVTorture.com.
Definitions
ATVTorture.com: ATVTorture.com consists of the features, functions, services, and content provided by the ATVTorture.com web site, as well as the features, functions, services, and content provided by third parties and accessible through ATVTorture.com.
Users: Use of ATVTorture.com is limited to Members authorized by ATVTorture.com. Anyone using ATVTorture.com is referred to as a "User."
UserName: A "UserName" is a unique identifying name, number, or combination of name and number assigned to an account and used to access ATVTorture.com. Members: A "Member" is a person (i) who is legally capable of agreeing to, and has agreed to, the Member Agreement and these Terms of Service (ii) and whose name, e-mail address, and account information have been provided to ATVTorture.com and are recorded on ATVTorture.com’s records as the person responsible for a particular user account.
Modifications / Changes to Agreement and Service
ATVTorture.com may change the Member Agreement or Terms of Service at any time. ATVTorture.com will notify you of the change either via e-mail, or through a notice published on ATVTorture.com. By accessing ATVTorture.com after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your membership as explained below. ATVTorture.com may discontinue or revise any or all other aspects of ATVTorture.com at its sole discretion and without prior notice.
Effective Date
These Terms of Service will become effective on the date you agree to it by completing all of the membership information required on the Member Registration Form. You also agree to these terms by continued use of ATVTorture.com services.
Termination
By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify ATVTorture.com by sending e-mail notification using our contact form. After receipt of your termination notice, ATVTorture.com will terminate your account.
By ATVTorture.com: ATVTorture.com may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing ATVTorture.com using Member's UserName. ATVTorture.com, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to ATVTorture.com with or without notice, to any User.
Membership fees/charges
Fees / Charges / Taxes: ATVTorture.com does not charge a fee for ATVTorture.com Membership.
Operating Costs: ATVTorture.com is operated by it's employees, and/or associates. ATVTorture.com offers advertising banners placed within ATVTorture.com to supplement operating costs incurred. Members may make contributions to ATVTorture.com by contacting webmaster@atvtorture.com.
Member Responsibilities
Use of Services: Member is responsible for all Users who access ATVTorture.com using the UserName. Member must notify ATVTorture.com support promptly by using the contact form or by telephone regarding the theft or loss of any UserName or password. Member may only register one UserName. Should any circumstance arise that warrants an additional or replacement UserName, Member must request permission from an ATVTorture.com administrator. Under no circumstances will multiple UserNames be permitted without express written permission. Registering more than one UserName without permission may result in immediate cancellation of any and all usernames involved and Member may be forbidden to register again.
Copyright and Other Legal Compliance: ATVTorture.com retains all rights in any material uploaded to ATVTorture.com by User or others authorized by User. No copyrighted material may be placed on ATVTorture.com by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on ATVTorture.com. You may download the material available on ATVTorture.com for your personal, non-commercial use. Except as may be permitted by the Copyright Law, you are responsible for obtaining permission before reusing any copyrighted material that is available on ATVTorture.com. In some cases, you may receive permission on ATVTorture.com; in other cases you may need to obtain permission directly from the copyright owner.
Prohibited Activities: When considering whether or not to upload files, please note that ATVTorture.com contains public (i.e. viewable by anyone with Internet access) albums. You may not upload, or permit others to upload, material to ATVTorture.com if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by ATVTorture.com or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage ATVTorture.com, the network, or any other User's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over ATVTorture.com, or Users. Except as permitted under this Agreement, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through ATVTorture.com.
Member acknowledges that it is ATVTorture.com's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to ATVTorture.com.
Grant of Limited License to ATVTorture.com: Users agree that ATVTorture.com is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to ATVTorture.com (the "Submitted Materials") for the purposes of (i) display on the user's personal sites and (ii) in the Gallery or public site as submitted by the user and (iii) production of personalized photo finished products or reprints ordered by members or their guests. ATVTorture.com disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to ATVTorture.com the right to use your name in connection with the Submitted Materials.
General Copyright Information: The entire content of ATVTorture.com is copyrighted by ATVTorture.com as a collective work under the United States Copyright laws. The copying, reproduction, or publication of any part of ATVTorture.com unless expressly authorized in writing by ATVTorture.com is prohibited.
Backup Copies of Images and Other Material: ATVTorture.com is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although ATVTorture.com takes reasonable precautions to preserve and protect the material you may upload to ATVTorture.com, you should not rely on ATVTorture.com as your only source for the material you provide. You should backup copies of any digital information you have uploaded or authorized others to upload to ATVTorture.com.
Warranty / Disclaimer / Limitation of Liability
Member acknowledges that use of ATVTorture.com is at Member's sole risk. ATVTorture.com is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of ATVTorture.com. ATVTorture.com is made available on an AS IS basis. ATVTorture.com may, at its discretion, but shall not be obligated to, provide support for ATVTorture.com and related ATVTorture.com software and tools. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ATVTorture.com. Neither ATVTorture.com nor anyone else involved in creating, producing, or delivering ATVTorture.com, or any services accessible through ATVTorture.com, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. The provisions of this Section will survive termination of this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless ATVTorture.com against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing ATVTorture.com under your account.
Entire Agreement
The Member Agreement and these Terms of Service constitute the entire agreement (collectively "Agreement") between ATVTorture.com and Member with respect to ATVTorture.com and supersede all other communications.
Miscellaneous Provisions
3rd Party Beneficiaries: The provisions of this Agreement are for the benefit of ATVTorture.com and its service providers, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.
Governing Law / Venue / Jurisdiction: This Agreement shall all be governed and construed in accordance with the laws of the State of West Virginia applicable to agreements made and to be performed in West Virginia, and that any legal action or proceeding between ATVTorture.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in West Virginia . Any cause of action brought by Member must be instituted within one year after the claim or cause of action has arisen. ATVTorture.com's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.
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