Physforum.com usage terms and conditions (24 February 2009)

VIEWING, POSTING OR REGISTERING FOR ACCESS TO A PHYSFORUM.COM MESSAGE BOARD CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.

This agreement governs your access to Physforum.com (http://Physforum.com) ("Physforum.com" or "we") facilities, message boards, and services (collectively the "Service"). In consideration for your right to use the Service, you agree as follows:

SERVICE PROVIDED

Physforum.com provides access to its message boards to users who are at least eighteen (18) years old and to minors over the age of thirteen (13) who have parental permission. Service is provided "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service. PHYSFORUM.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.

Physforum.com is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust your access to the Service. Messages that Physforum may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.

CONTENT

Physforum.com ordinarily does not review messages before they are posted to its message boards. Opinions expressed on a Physforum message board are those of the message author and not of Physforum.com. Likewise, Physforum.com makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors (other than Physforum) on a Physforum.com message board.

If permitted by a board's owner, users may create a custom poll in their message. Although our poll feature has been designed to limit a unique user to one vote, Physforum.com cannot guarantee such an outcome. Polls and their results are provided for entertainment only, and poll results may be skewed for a variety of reasons, including without limitation the group of users targeted. Polls are subject to all other provisions of these usage terms.

PHYSFORUM.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO ANY PHYSFORUM.COM MESSAGE BOARD.

RESTRICTIONS

You must be at least thirteen (13) years of age to post a message to any Physforum.com message board. The following content is not permitted to appear in any messages posted to Physforum.com message boards:

DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PHYSFORUM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYSFORUM.COM (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE USAGE TERMS.

SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

WAIVER OF DAMAGES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, PHYSFORUM.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF PHYSFORUM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless Physforum.com and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors', agents', employees', officers', directors', shareholders', and affiliates') use of the Service, including without limitation claims arising out of or related to your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a Physforum.com message board.

TERMINATION

Physforum.com reserves the right to terminate or take steps to terminate your access to the Service, in whole or in part, without warning, for any reason at its sole discretion. Acts or failures to act for which Physforum.com may terminate or take steps to terminate your access to the Service include without limitation the infringement of the intellectual property or other rights of third-parties or Physforum.com.

MODIFICATION
Physforum.com reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly, and, at a minimum, to review these usage terms at least once every 15 days. You accept new usage terms if you use the Service at any time after twenty-five (25) days of any such modifications.

NO UNSOLICITED EMAIL

Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use Physforum.com message boards. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a Physforum.com message board is prohibited.

GENERAL TERMS

Any information that is disclosed on a Physforum.com message board becomes public information. You should exercise caution when deciding to disclose your personal information. To control abuse, your IP address is stored together with your post. After any posting, your IP address, as well as your user-agent string, which ordinarily includes such information as your computer's operating system and the type and version of your web browser, is also available to the owner of the Physforum.com. Your IP address, and any other information you disclose, will also be revealed to the owner of a board if their board requires registration and you register for access.

Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).

You agree that Physforum.com may preserve content (including identifying information) and may release any or all preserved content to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these usage terms, violated the rights of third-parties, impaired in any respect the ability of Physforum.com to operate the Service properly, or endangered in any respect Physforum.com or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.

Physforum.com does not claim ownership of content you or third-parties post to a board. With respect to content that you post or make available through a board, however, without limiting any other rights these usage terms afford to Physforum.com, you grant Physforum.com a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.

You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.

Should Physforum.com decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent Physforum.com from learning your identity from your internet service provider.

Physforum.com shall have the sole discretion as to what constitutes a violation of any of these usage terms.

This agreement creates no third-party beneficiaries.

CHOICE OF LAW AND FORUM

These Physforum.com usage terms shall be governed by the laws of the European Union exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the European Union in any and all disputes arising out of, or related to, your use of Physforum.com's services.

SEVERABILITY

If any provision of these usage terms is found unenforceable, Physforum.com reserves the right to modify the provision to comply with the law. All remaining provisions shall remain valid and enforceable.

ENTIRE AGREEMENT

These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties.

VIEWING, POSTING OR REGISTERING FOR ACCESS TO A PHYSFORUM.COM MESSAGE BOARD CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.