3Cords Terms of Service
INTRODUCTION
This Terms of Use Agreement ("Agreement"") is a legally binding agreement between 3Cords.org ("3Cords") and you, the member ("Member"), regarding your use of the www.3Cords.org web sites and any services, features, contents or applications offered at the www.3cords.org domains and related sub-domains (collectively the "Web Site").
BY USING 3CORDS AS A GUEST OR BY REGISTERING AS A MEMBER, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, please do not register as a member of 3Cords and do not use this website.
MODIFICATION
The Terms of Service may be modified from time to time. Please regularly check the update date at the top of this document to determine whether a change has been made to these Terms of Service. If you do not agree to changes in the Terms of Service, please to terminate your registration with and use of 3Cords immediately. Your continued use of 3Cords will signify your acceptance of any change in the Terms of Service. 3Cords can also choose to amend these Terms of Service either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to 3Cords, which take effect when we post them.
UNAUTHORIZED USE
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of 3Cords, including but not limited to all content, reviews, user data, forum posts, blog entries, or blog commentary, databases, services, digital products, listings, courses, events, tools or products is hereby expressly prohibited.
BUSINESS LISTINGS, ADVERTISERS AND OTHER WEBSITES
Businesses, advertisers, products and websites may be promoted at 3Cords, yet their exposure on 3Cords does not constitute endorsement or advocacy by 3Cords. Please consult with the Chamber of Commerce, the Better Business Bureau and accrediting sources if you wish to check the credibility of these organizations. 3Cords will not be responsible for any damages that result from using the services or products promoted on 3Cords. 3Cords provides many links to other web sites and it is impossible for us to constantly monitor what is on each of the sites to which we link. 3Cords is not liable for any damages that result from following any of the links provided at 3Cords.
COPYRIGHT
All content included on 3Cords, such as text, information, graphics, forum posts, reviews, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and all accompanying intellectual property rights, is the property of 3Cords and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of 3Cords and protected by U.S. and international copyright laws. All software used on this site is the property of 3Cords or its software suppliers and is protected by United States and international copyright and other intellectual property laws.
CONTENT AVAILABLE TO THE PUBLIC
Any content that you choose to put publicly on 3Cords websites will probably be available through Internet search engines, and email addresses that you post can be gathered by spammers. Do not post your email address on 3Cords or other public locations unless you are comfortable receiving increased amounts of spam.
ERROR
Because of issues such as computer, change and human error, 3Cords cannot guarantee the accuracy of any statistics or other information that is presented through the site and you agree to use them at your own risk and to hold 3Cords harmless from any damages that might occur.
ADVICE
By asking a question of 3Cords, you agree that any counsel given by e-mail, telephone, or through the website is non-authoritative, and that you will not rely upon this information, and that you will consult with a qualified professional before making any decisions. You agree that 3Cords assumes no liability from answering these questions, or posting this information.
TERMINATION
You can terminate your membership at any time by contacting 3Cords. 3Cords reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access 3Cords and/or any other service provided to you upon any breach by you of the Terms of Service, or for any other reason.
CONTENT OF MESSAGES & CONTENT SUBMISSION
You alone are responsible for the content of your messages, and the consequences of any such messages. 3Cords reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. 3Cords is to be used by you for your personal use only. Commercial uses of 3Cords are strictly prohibited unless prior written consent from 3Cords has been granted. You agree that you will not use 3Cords for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use 3Cords to send or post on message boards or any place on 3Cords, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. 3Cords reserves the right to delete any such material from 3Cords within its sole discretion.
If 3Cords becomes aware of a member harassing, stalking, or defaming another member on this or any other website or privately, 3Cords reserves the right to immediately terminate the membership of that member and take other actions it deems appropriate. If 3Cords chooses NOT to take action, in the case of this or another violation of the Terms of Service, that shall not be viewed as a waiver of our rights to take action in the future, and we shall have no liability for our inaction. 3Cords will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service.
"Flaming" of other members is not permitted in posts. We expect that members are polite to one another, even when in disagreement. Members who post derogatory comments about competing websites or forums on 3Cords will also be subject to having their comments deleted and their membership revoked.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of 3Cords. You further agree not to use an inappropriate member name. An inappropriate member name includes but is not limited to use of vulgar or obscene language, a term which denigrates, mocks, or harasses another user, an actual name of an individual, an attempt to sell or promote a product or service, or a reference to illegal or inappropriate activity. These guidelines also apply to signatures and avatars.
Private messaging is available for registered users to communicate off board and away from public view with other members. It is not to be used for spam, sales, harassment, or mass messaging with the purpose of creating a "whisper campaign" against a member, moderator, administrator, or competing website, or to engage in illegal activity or hate speech. Any member found to be engaging in this practice may be promptly banned and their posts deleted.
You agree not to post or use 3Cords to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
3Cords reserves the right to terminate accounts created through use of proxy servers and disguised IP signatures which appear to be for the purpose of disguising identity or creating multiple accounts for the same user, even if no other infraction appears to have been committed. We recognize that many ISPs such as AOL do use proxy servers - this provision is intended for those accounts which are set up in such a way as to disguise identity and promote fraud or illegal activity using proxys known to be assumed for this purpose. Any user found creating multiple accounts for any purpose will be subject to termination.
You acknowledge that (i) 3Cords permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to 3Cords, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on 3Cords is not protected by Rights rests with you.
By submitting content, which shall include but not be limited to your member name, posts, journal entries, comments, reviews, and other contribution of information to 3Cords, you grant 3Cords and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on 3Cords retains Rights that may exist to continue to personally use the content that they submit in a non-commercial, non-competing way. You agree that you will not repost content that you have submitted to 3Cords on another commercial or competing website. You agree that you will not solicit, encourage or participate in any way with helping other 3Cords members to post their content or have their content posted on any other form or location.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify 3Cords of any unauthorized use of your registration or password.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF 3CORDS IS AT YOUR SOLE RISK. 3CORDS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 3CORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
3CORDS MAKES NO WARRANTY THAT 3CORDS WILL MEET YOUR REQUIREMENTS, OR THAT 3CORDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 3CORDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 3CORDS. 3CORDS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF 3CORDS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 3CORDS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT 3CORDS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH 3CORDS. 3CORDS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER 3CORDS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN 3CORDS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. 3CORDS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
3CORDS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN 3CORDS IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3CORDS OR THROUGH 3CORDS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
3CORDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE 3CORDS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH 3CORDS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 3CORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BY ACCEPTING THE TERMS OF SERVICE YOU SPECIFICALLY AGREE THAT 3CORDS AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
INDEMNIFICATION
You agree to indemnify and hold each of 3Cords, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of 3Cords, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
APPLICABLE AND GOVERNING LAW
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Texas, United States of America, excluding its conflict of laws rules.
MISCELLANEOUS
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
3Cords may assign its rights and obligations under these Terms of Service and upon such assignment 3Cords may be relieved of any further obligation. 3Cords may modify or discontinue 3Cords, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
3Cords reserves the right to offer internal and third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
These Terms of Service and any Additional Terms (such as 3Cords Deals rules) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of 3Cords, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
REPORT VIOLATIONS
If you discover someone who is not abiding by this Terms of Service, you agree that you will immediately contact us by e-mail at feedback@3Cords.org.
CONCLUSION
Neither 3Cords, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, recommendations, advice, treatment, computer, networking, site error, human error, procedure, release of information, links to other sites, action or application of medicine or law by any person using 3Cords web site or any other services of 3Cords.