PUNK OR TERMS OF SERVICE
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE DOWNLOADING, INSTALLING OR USING THE PUNK OR METAL APPLICATION OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY "PUNK OR METAL"). THIS IS A LEGAL AGREEMENT BETWEEN FORTYTWO SOLUTIONS, LLC ("42 SOLUTIONS") AND YOU, AND NOT WITH APPLE.
By using the Punk or Metal website ("http://www.punkormetal.com") and Punk or Metal service you are agreeing to be bound by the following terms and conditions ("Terms of Service").
1. You must be 13 years or older to use this site.
2. You may not post nude, partially nude, or sexually suggestive photos.
3. You are responsible for any activity that occurs under your account.
4. You are responsible for keeping your password secure.
5. You must not abuse, harass, threaten, impersonate or intimidate other Punk or Metal users.
6. You may not use the Punk or Metal service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
7. You are solely responsible for your conduct and any data, text, information, accounts, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Punk or Metal service.
8. You must not modify, adapt or hack Punk or Metal or modify another website so as to falsely imply that it is associated with Punk or Metal.
9. You must not access Punk or Metal's private API by any other means other than the Punk or Metal application itself.
10. You must not crawl, scrape, or otherwise cache any content from Punk or Metal including but not limited to user profiles and photos.
11. You must not create or submit unwanted email or comments to any Punk or Metal members ("Spam").
12. You must not use web URLs in your name without prior written consent from Punk or Metal, inc.
13. You must not transmit any worms or viruses or any code of a destructive nature.
14. You must not, in the use of Punk or Metal, violate any laws in your jurisdiction (including but not limited to copyright laws).
15. Violation of any of these agreements will result in the termination of your Punk or Metal account. While Punk or Metal prohibits such conduct and content on its site, you understand and agree that Punk or Metal cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Punk or Metal service at your own risk.
1. We reserve the right to modify or terminate the Punk or Metal service for any reason, without notice at any time.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
6. We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.
Proprietary Rights in Content on Punk or Metal
1. Punk or Metal does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Punk or Metal Services. By displaying or publishing ("posting") any Content on or through the Punk or Metal Services, you hereby grant to Punk or Metal a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Punk or Metal Services.
2. Some of the Punk or Metal Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Punk or Metal may place such advertising and promotions on the Punk or Metal Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You represent and warrant that: (i) you own the Content posted by you on or through the Punk or Metal Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Punk or Metal Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Punk or Metal Services.
4. The Punk or Metal Services contain Content of Punk or Metal ("Punk or Metal Content"). Punk or Metal Content is protected by copyright, trademark, patent, trade secret and other laws, and Punk or Metal owns and retains all rights in the Punk or Metal Content and the Punk or Metal Services. Punk or Metal hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Punk or Metal Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Punk or Metal Services.
5. The Punk or Metal Services contain Content of Users and other Punk or Metal licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Punk or Metal Services.
6. Punk or Metal performs technical functions necessary to offer the Punk or Metal Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Punk or Metal Services.
7. Although the Site and other Punk or Metal Services are normally available, there will be occasions when the Site or other Punk or Metal Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Punk or Metal. Also, although Punk or Metal will normally only delete Content that violates this Agreement, Punk or Metal reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Punk or Metal in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Punk or Metal encourages you to maintain your own backup of your Content. In other words, Punk or Metal is not a backup service. Punk or Metal will not be liable to you for any modification, suspension, or discontinuation of the Punk or Metal Services, or the loss of any Content.
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