YOU HEREBY ACKNOWLEDGE AND REPRESENT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER.
YOU UNDERSTAND THIS SITE IS FOR ADULTS ONLY AND IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU SHOULD IMMEDIATELY NAVIGATE YOUR BROWSER TO ANOTHER SITE.
IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN THE PORK COMMUNITY, INC. AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE PORK COMMUNITY INC WEBSITES, SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE" AND CREATING AN ACCOUNT, BY USING THE PORK COMMUNITY WEBSITES OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
You must carefully read the terms and conditions of this website and Use agreement before You can use or view any of the public or private portions of DarkPines.com, The-Pork.com, The-Pork.net or any web site owned and operated by The Pork Community Inc. (the "Website" or the "Sites"). Use or viewing of the contents of this website constitutes an express affirmation that you agree to be bound by this Agreement.
1. PARTIES TO THIS AGREEMENT. The parties to this Use Agreement (the "Agreement") are You, the User, and The Pork Community, Inc. an Oklahoma corporation (the "Company"), the licensor and/or owner of the Website. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to you, the user.
1.a Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by Your submission login information or simply using a Company site) the Company agrees to provide to You access to the age restricted materials and age restricted areas of the Website for so long as you are in good standing. 1.b You agree that this Agreement is subject to change by the Company at any time and changes shall become effective immediately upon notice to users by e-mail, posting, at or via hyperlink to the Website, or by mail. You may not alter, delete, add, reject, or change or edit any of these terms and conditions, and any such attempt to do so shall be void and of no effect.
1.c You agree that any action on Your part to Bookmark to a page on the Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein.
2. MEMBER REGISTRATION AND INFORMATION
2.b Username and Password. Once a party becomes a Member of the Site(s), the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member's username and password. Member agrees to immediately notify The Pork Community Inc. of any unauthorized use of Member's username or any other breach of security known to Member. The Pork Community Inc. may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this Site. The Pork Community Inc. shall not be responsible and the Member shall hold harmless The Pork Community Inc. for any actual, special, consequential or incidental losses or damages arising from the misuse, improper use or unauthorized use of their username, password or this Site.
2.c You are creating an account for your use and not for another person (especially a banned member). You understand if you are caught creating accounts for other people ALL your accounts could be banned.
3. AGE. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. AGE CHECK.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
5. GRANT OF LIMITED LICENSE. In consideration of Your good standing and fees paid from time to time, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive, and nontransferable license to use the Software and materials made available to You by this Website (hereafter "Materials") solely for Your personal non-commercial use, as provided by the Company during the period in which You are a user in good standing.
5.a You acknowledge and agree that all Materials contained at the Website are proprietary and constitute intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive, and otherwise use the Materials available at the Website only as specifically authorized by the Company and in accordance with the terms and conditions of use, only on one computer at a time and, if downloadable copies of the Materials are made available to You by the Website, You may make only a single copy of such Materials for Your own personal non-commercial use and enjoyment.
You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and You agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly use or view the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials, except as provided herein; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein. 5.b You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. 5.c You hereby acknowledge that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
5.d You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
6. SOFTWARE LICENSE . WARNING: USE OF THIS SOFTWARE IS UNAUTHORIZED FOR PURPOSES THAT ARE ILLEGAL IN THE JURISDICTION WHICH THE SOFTWARE IS INSTALLED OR UNITED STATES LAW, WHICHEVER IS MORE RESTRICTIVE. USE OF THIS SOFTWARE FOR ILLEGAL PURPOSES CONSTITUTES AN IMMEDIATE BREACH OF THE USE PORTIONS OF THIS LICENSE. THE COMPANY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE FUNCTIONALITY OF ANY OF ITS PRODUCTS IF SUCH ILLEGAL USE IS DETECTED OR REPORTED. BY USING THE PROVIDED SOFTWARE, YOU WAIVE ANY RIGHT TO REMEDIES THAT WOULD ORDINARILY RESULT FROM ANY TERMINATION OF FUNCTIONALITY BY THE COMPANY. The Software Applet is provided by the Company to You for the sole purpose of allowing and facilitating Your use and enjoyment of the Website. The provided Software Applet is licensed, not sold, to You by Company for use only under the terms of this Agreement, and Company reserves any rights not expressly granted to You. You acknowledge and agree that the Company and its licensors and sub-licensors retain ownership of the Software Applet.
7. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received. You are solely responsible for knowing if You are in such a Jurisdiction and if so, you must immediately terminate Your activities contemplated under this Agreement.
- All parts of the United States of America corresponding to Local or State Jurisdictions where the type of Material provided to users has been deemed offensive;
- All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
8. INDEMNIFICATION. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Materials from the Website, including attorneys fees.
9. MEMBER DISPUTES. You agree that you are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
10. JURISDICTION/VENUE. You agree that by accessing the Website you are submitting yourself to jurisdiction and venue in the State of California, County of Stanislaus, and You agree that said County and State shall have the sole and exclusive jurisdiction as to any and all disputes arising out of or relating to Your use of the Website, or this Agreement.
11. NO WARRANTIES; LIMITATIONS ON COMPANY'S LIABILITY. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIAL.
12. NO SOLICITATION; NO DENIGRATION. As a condition to your use of a The Pork Community Inc. Website, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, volunteer, consultant or any other person that is employed by, consults for, volunteers for, represents or assists The Pork Community Inc. (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with The Pork Community Inc., or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about The Pork Community Inc. or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of The Pork Community Inc. or any Representative, or otherwise tarnish or dilute any of The Pork Community Inc's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of The Pork Community Inc. to cease using, and/or any potential customer or client of The Pork Community Inc. not to use any The Pork Community Inc's products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with The Pork Community Inc's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
13. YOU MAY NOT USE ANY OF THE SITES TO:
(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;
(3) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(4) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party including without limitation, music, lyrics, audio, or audiovisual materials, photos or other images that are the copyrighted property of a third party;
(5) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
(6) transmit any material (by uploading, posting, email or otherwise) 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;
(7) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites and/or the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
(8) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
(9) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
(10) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent.
14. LINKS TO OTHER WEB SITES
You acknowledge that we make no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non The Pork Community Inc. web site, you understand that it is independent from us and that we have no control over the content on that web site. A link to a non The Pork Community Inc. web site does not mean that we endorse or accept any responsibility for the content or use of such web site.
15. CERTAIN RISKS
You acknowledge that there are certain risks inherent to the use of The Pork Community Inc. sites. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of the site (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of The Pork Community Inc.'s provision of and/or your use of the site. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
In addition, you should be aware that if you elect to publish, distribute, disseminate or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat.
You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against The Pork Community Inc. Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Without limitations to the generality of the aforesaid, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the sites as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the sites and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through the sites may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Our sites are no different than other sites in this respect.
In consideration of our continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to The Pork Community Inc. without any compensation. You agree to execute any and all documents that we may reasonably request in connection with confirming The Pork Community Inc's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
The Pork Community Inc. reserves the right to prohibit any conduct, communication or content it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law. The sites are a monitored environment. We reserve the right to warn, "kick-off" or bar any user from our Chat who fails to observe these Terms.
We reserve the right to monitor chat for adherence to this policy and may disclose any content, records or electronic communication, of any kind, including user e-mail: (1) to satisfy any law, regulation or authorized governmental request; (2) if such disclosure is necessary to operate our sites; or (3) to protect the rights or property of The Pork Community Inc., a site user, or the public.
17. MEMBERSHIP SHARING
You may share the same membership as long as ALL the following conditions apply:
All persons who share the account live in the same household
All persons sharing the account are 18 years old or older
Only one person uses the account at one time (i.e. one person logged on at any one time)
It's not advisable to share an account because everybody who uses the account will have access to all the information contained within. If you break any of the 3 conditions above, you will likely have your account locked. Membership sharing has a negative affect on membership revenue, as such The Pork reserves the right to monitor accounts where 2 or more IP's are logged on at the same time.
18. MULTIPLE ACCOUNTS
You agree not to create additional accounts. You acknowledge that we reserve the right to ban obvious multiple accounts used to avoid bans and ignore lists of our users or created to bypass any other restriction on the site (such as limits on non-paid accounts). If you create multiple accounts ALL of your accounts could be banned. You will not create accounts for another person (especially a banned member).
19. GOLD (PAYING) MEMBERSHIP
The Pork is a subscription based service. Nonpaying (Bronze and Silver) members receive a free subscription to our Nonpaying service. To receive additional benefits members may elect to pay membership fees to The Pork Community Inc. for use of these additional benefits.
20. GOLD MEMBERSHIP REFUNDS
Refunds are only available within the first three (3) months of a payment being made. Gold level members may receive a refund by contacting firstname.lastname@example.org with their UserName and the Receipt Email received when the account was upgraded. All refunds will be paid through the PayPal.com service within 60 days using the Email address on file (except for payments received through our automated system which receive a credit to their original credit card). Refunds will be a prorated amount based on the term of membership, less a $5.00 US cancellation charge to cover charges imposed by our Credit Card Services and Bank. If the prorated refund is less than $5.00 US there will be no refund. Gold Memberships are prorated at the rate of $9.95 per month regardless of the membership term paid for.
For example, if you paid $24.95 for a 3 month Gold Membership and canceled your account after using 1 month of the membership, you would receive a refund of $10.00 ($24.95 minus $9.95 of membership used, minus the $5.00 cancellation fee).
Memberships receiving a refund will be canceled and the member will no longer have access to that account. All Nicknames in the account will then be available for use by other members. Refunds paid through the PayPal service that haven't been collected within 3 months will be cancelled.
Refunds are NOT available for the following:
- "Age Check" Accounts
- Additional Chat Pictures/Nicknames
- Permanent Chat Room
- Permanent Discussion Board Forum
- ANY Gift (whether that be from another member or from The Pork)
- Payments made prior to 3 months of the request.
21. LIFETIME AND DOUBLE MEMBERSHIP BENEFITS
During the beta testing stage of The Pork, we offered lifetime membership and double membership benefits to paying members who signed up before the site went live on May 15th 2001. Double membership members may keep their double benefits (i.e 40 chat pictures etc.) as long as they keep their paying membership status active (pay for an extension). Lifetime members have a limit of 300 Nicknames and Chat Pictures on their accounts.
22. DUPLICATE CHAT PICTURES
You agree to the following:
If more than one chatter has a chat picture that is obviously from the same picture, either chatter has the right to contact the graphics department (email@example.com) about the duplicate icon. In the email, the chatter complaining of the duplicate must include both their nickname, the nickname of the other party involved, and a description of the icon. Within one week, the graphics department will look at each account. The person who uploaded the icon in question first will be allowed to keep it, and the other person will have their icon taken offline-- even if they were the person who brought the duplicate icon to the attention of the graphics department. When an icon is taken offline, it will remain in the person's account until they delete it, and the person will be paged with the name of the icon taken offline, and the reason it was taken offline.
You acknowledge that we do not go through accounts looking for duplicates. The only duplicate matters that are reviewed are ones that are brought to our attention. If a person does not bring a duplicate matter to the attention of the graphics department, it will be assumed that the creator of the original icon has given permission to others to use it.
23. USERNAME AND NICKNAMES
You will not create a Nickname or Username that uses characters or reserved names that could cause confusion to other members. This includes (but not limited to) Nicknames that appear different inside messages than chat menus (i.e. Using & HTML tags). Certain names are reserved and not allowed such as System, Admin, SysOp, Security, names of site administrators etc. You may not create a Nickname to harass or impersonate another member. We reserve the right to remove names at any time for any reason including changes to allowed characters in names.
24. ROOM RATINGS AND LANGUAGE FILTERS. Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "PG13-Rated Room," foul language is not appropriate, pictures involving adult themes (nudity or violence, for example) are not permitted. In an "R-Rated Room," some offensive language and content may occur. In an "PG16-Rated Room," you should expect offensive language and content. The Pork Community Inc. is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room. The Pork Community Inc. is not liable for any offensive language that may not be filtered by this system and/or if this system fails to operate as intended. Members who purposely bypass the filter could have their membership cancelled depending on the situation.
25. COPYRIGHT INFRINGEMENT
The Pork Community Inc. respects the intellectual property of others, and we ask our users to do the same. The Pork Community Inc. may, in appropriate circumstances and at its discretion, terminate the accounts and material posted on this site of users who infringe the intellectual property rights of others. If you believe that your work has been copied and is accessible on the The Pork Community Inc. service in a way that constitutes copyright infringement, you may notify The Pork Community Inc. by providing The Pork Community Inc.'s copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on this site where the material that you claim is infringing is located;
Your address, telephone number, and Email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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.
The Pork Community Inc.'s agent for notice of claims of copyright infringement on this Web site can be reached as follows:
The Pork Community Inc.
PO BOX 3580
TURLOCK, CA 95381-3580
26. COPYRIGHT NOTICE
Copyright © 2001 - 2013 The Pork Community Inc., PO BOX 3580, TURLOCK, CA 95381-3580 USA All rights reserved.
This Agreement is effective unless and until terminated by either you or The-Pork.com. You may terminate this Agreement at any time. The-Pork.com may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in The-Pork.com's sole discretion for any reason, including your failure to comply with any term or provision of this Agreement and/or by your abandonment of your account by not using the account for 2 or more years.
Upon any termination of this Agreement by either you or The-Pork.com, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Please be advised that if you have paid to subscribe to any of the The Pork Community, Inc. services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname.
Without assuming the responsibility therefor, The Pork Community, Inc. reserves the right to restrict conduct and/or take measures against conduct, which The Pork Community, Inc. deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the The Pork Community, Inc. service or adversely affects The Pork Community, Inc., its business or software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a The Pork Community, Inc. employee, volunteer, administrator or representative; (d) disparaging the The Pork Community, Inc. service, The Pork Community, Inc. or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable conduct include, but not be limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by The Pork Community, Inc. to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by The Pork Community, Inc. with respect to any similar behavior in the future. Without assuming the responsibility therefore, The Pork Community, Inc. also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization.
28. DENIAL OF SERVICE
We reserve the right to refuse service to anyone at any time for any reason.
29. USC 2257
The Pork Community Inc. is not the "Producer" (as per definitions in 18 U.S.C. 2257(h)(2)(B)(v) and regulations promulgated thereunder) of any depictions of actual or simulated sexually explicit conduct appearing on the The Pork Community Inc. websites as the activities of The Pork Community Inc. are limited to the distribution, transmission, storage, retrieval and/or hosting of such depictions posted in areas of the website under the control of registered users or members of The Pork Community Inc. sites. As such, The Pork Community Inc. is exempt from the record keeping requirements of 18 U.S.C. 2257. The Pork Community Inc. is a "Provider of an Interactive Computer Service" (as per definitions in 47 U.S.C. 230(c) and regulations promulgated thereunder) and, as such, is not considered the publisher or speaker of any content posted in areas of the website under the control of registered users or members of The Pork Community Inc. sites.
Any rights not expressly granted herein are reserved.