2. MODIFICATIONS TO THIS AGREEMENT
SaidFree.com reserves the right to modify these TOU at any time. Any modifications made are effective immediately.
Logs are kept of the chats that include the NickName, if specified, of the user- as well as the Content the user created and the IP address that the Content originated from. The IP address is only able to be viewed by the site administrator in the administration panel and is not visible to other users. The user should expect no privacy because of the free nature of this network. Rockfish Valley Purveyor, LLC does not take content posted by a user and try and pair it with any other personal information (e.g., IP address) for any purposes, such as advertising, nor does SaidFree.com ask for an email address or other personal identifying information -like all the other social networks do. The site administrator does not read chats per se. While navigating around the administration panel for SaidFree.com it is possible for the adminstrator to see a list of all of the chats at any given time. The administrator only in passing looks at the name/title of the chats in the logs. If an adminstrator should see in a chat that someone is planning a violent crime or terroist act, the proper authorities will be contacted and will be given the IP address and all other relevant information contained in the chat. 5. CONDUCT
You agree to not post Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, pornographic, or is harmful to minors in any way;
b) that defames or is meant to insult, harm, or harass in any way SaidFree.com, Rockfish Valley Purveyor, LLC- or any of its developers, investors, or contractors;
c) that impersonates any person or entity, including, but not limited to, a SaidFree.com employee or one of our contractors, or any other entity, public or private- this includes businesses both large and small. (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
d) that includes personal or identifying information about another person without that person's explicit consent;
e) that infringes any proprietary rights of any person or organization, or Content that you do not have a right to make available;
f) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Federal and Local and State laws;
g) that disrupts the normal flow of dialogue with an excessive amount of Content to the Application, or that otherwise negatively affects other users' ability to use the Application.
Additionally, you agree not to:
h) "stalk" or otherwise "harass" anyone;
i) collect personal data about other users for commercial or unlawful purposes;
j) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Rockfish Valley Purveyor, LLC;
k) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
l) attempt to gain unauthorized access to SaidFree.com’s server or engage in any activity that interferes with the performance of the Application or the SaidFree.com website; or
m) use any form of automated device or computer program that enables the submission of content on SaidFree.com. Each posting must be made manually.
6. LIMITATIONS ON SERVICE
You acknowledge that SaidFree.com may establish limits concerning use of the Application, including the maximum number of days that Content will be retained by the Application, the maximum number and size of postings, or other Content that may be transmitted or stored by the Application. You agree that SaidFree.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Application. You acknowledge that SaidFree.com reserves the right at any time to modify or discontinue the Application with or without notice, and that SaidFree.com shall not be liable to you or to any third party for a change to or discontinuance of the Application.
7. ACCESS TO THE APPLICATION
SaidFree.com grants all humans, age 18 or older, with an internet connection a limited, revocable, nonexclusive license to access the Application for your own personal use. You may also create a link, elsewhere in the internet, to the home page of SaidFree.com so long as the link does not portray SaidFree.com, its employees, or its affiliates in a misleading, derogatory, or otherwise offensive matter.
8. TERMINATION OF SERVICE
You agree that SaidFree.com has the right (but not the obligation) to block your IP address immediately and without notice, and remove and discard any Content within the Application, for any reason, especially, if SaidFree.com believes that you have acted inconsistently with the spirit of the TOU.
9. PROPRIETARY RIGHTS
The Application is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Application is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Application. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Application.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SAIDFREE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SAIDFREE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
11. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SAIDFREE OR ROCKFISH VALLEY PURVEYOR, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SAIDFREE OR ROCKFISH VALLEY PURVEYOR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SAIDFREE SITE OR THE APPLICATION, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SAIDFREE SITE OR THE APPLICATION, FROM INABILITY TO USE THE SAIDFREE SITE OR THE APPLICAITON, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SAIDFREE SITE OR THE APPLICATION. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold SaidFree.com and Rockfish Valley Purveyor, LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Application, your use of the Application, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. GENERAL INFORMATION
The TOU constitute the entire agreement between you and SaidFree.com and govern your use of the Application, super-ceding any prior agreements between you and SaidFree.com. The TOU and the relationship between you and SaidFree.com shall be governed by Federal, State and Local laws without regard to its conflict of law provisions. You and SaidFree.com agree to submit to the personal and exclusive jurisdiction of the courts located within The United States of America. The failure of SaidFree.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
14. VIOLATION OF TERMS AND DAMAGES
NOTE: Writing the TOU for a site like SaidFree.com is tantamount to writing, in one document, all of the Supreme Court cases ever resolved(or not) concerning speech, free speech, and internet content and speech. Because of this, these TOU are a constant work in progress. Free speech on the internet is a right, we believe, but with all rights, internet based or not, come reponsibilities. Just like you would not yell "fire" in a movie theatre, online free speech comes with responsibilities. Please refer to our "Conduct" (Section 5) guidelines and follow them. We have no problems cooperating with law enforcement(if asked to), and private industry(if asked to), should a user break a law or impersonate, pretend, or not, to be employed by a business and then defame that business/entity/organization in common chats such as the "Home", "Trends", "Topics", or other common/popular/heavily trafficked chats.