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Terms Of Use

Welcome to ChuckPalahniuk.net ("The Cult"). As a member of our community, you will have access to many of the features of the ChuckPalahniuk.net website ("Site"). You agree to use the features and services (collectively, the "Service") available to you in a manner consistent with all applicable laws and regulations and in accordance with these Terms of Use.

This Site is provided to you by our company, A Writer's Cult, LLC (usually referred to below as "we" or "us"). Please note that we may modify this Terms of Use at any time by posting changes online or by notifying you by e-mail, in our discretion, and that all such changes will apply to you commencing on the date of the posting or notice, whichever is earlier.

1. Username and Password. If you are a registered member, you will need a username and password. You are solely responsible for maintaining the confidentiality of your username and password. You agree not to provide third parties with access to your account and that you will be responsible for any activities that occur on your account by such parties. You will immediately notify us in the event of any unauthorized use of your account or other security breach of which you become aware.

2. Forum; Discussion Board. By using the Service, you agree that you will not post or transmit any of the following materials in any of the Service shout box (the 'Forum') or message boards, or any other service area:

* Material that defames, libels, abuses or threatens others.

* Statements that are bigoted, hateful, racially offensive, harassing, threatening, defaming, or vulgar.

* Material that infringes any copyright, trademark, trade secret or other proprietary right of a third party or that violates any right of publicity, right of privacy or any other laws or regulations.

* Advertising or any form of commercial solicitation, unless where allowed.

* Material that advocates illegal activity or discusses illegal activities with the intent to commit them.

* Material that contains sexually-orientated, obscene or indecent language or images.

* Material that is fraudulent or intentionally misleading.

By submitting any material to this Site, you are granting us the right to display, copy and distribute your submission on or in connection with the Site, at our discretion.

You further agree that all information you provide to us or The Cult about yourself or otherwise will be accurate and not misleading. This includes information you provide in the registration process and information posted to any message board or Forum.

We cannot guarantee that we will monitor all postings, or that material in violation of our policies will not be posted. We do not endorse any religious, political, social or other sentiment that may be expressed by users of the Service.

We do NOT delete user accounts. Please be advised that you have 24 hours to edit or delete posts you have made. After that, they are a permanent part of the forum. We do not have the time or resources to delete threads or accounts, so choose your user name wisely and post accordingly. Please do not contact the staff to delete threads, posts, or accounts. We simply cannot do it.

If you believe that information that you have posted on or through the Service has been used in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (e-mail is fine) that includes the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. a description of where the material that you claim is infringing is located on the Service;
  4. your address, telephone number, and e-mail address;
  5. 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;
  6. a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Copyright Agent for notice of claims of copyright infringement is Dennis Widmyer who can be contacted at webmaster@chuckpalahniuk.net or A Writer's Cult, LLC, PO Box 291870, Los Angeles CA 90029, USA..

3. Additional Restrictions. You may not use any device, software or routine that could interfere with the proper working of the Service.

4. Protection of Content. Access to content available through the Service, including text, artwork, photographs, sound, video, and music, is granted for your personal use only. You may not modify, copy, transmit, distribute or otherwise use any such material for any commercial purpose, nor may you use the Service or any of the content on the Site in connection with any third party promotions, contests, research, survey, chain letters, solicitations, spamming, junk mail or publications. The burden of determining whether any information or other content on the Site is subject to any copyright, right of privacy or other proprietary right rests with you. You acknowledge that we and others who provide content remain the owners of their content, regardless of whether such materials are protected by copyright laws, and that you do not acquire any ownership rights by accessing or downloading such materials. You further agree not to remove any copyright or other proprietary rights notice from any material that you obtain through the Service.

5. LIMITATIONS OF WARRANTY. YOU AGREE THAT USE OF THE SITE, SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY OF THE SITE OR ACCURACY OF THE SERVICE OR ANY CONTENT, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

6. Limitations of Liability. This disclaimer of liability applies to any damages or loss regardless of how caused, and whether arising from breach of contract, tortuous behavior, negligence, or any other cause of action. Neither we nor any of our employees, officers, directors, suppliers, agents or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Site or Service or otherwise. If, notwithstanding the foregoing, we or any of our employees, officers, directors, suppliers, agents or affiliates is found liable for damages, it is agreed that such liability shall not exceed One Hundred Dollars ($100.00), in the aggregate.

Without limiting the foregoing, you specifically acknowledge that we are not liable for the defamatory, offensive or unlawful conduct of other users of the Site or any Service. Additionally, any links to any other web sites are provided for your convenience only. We do not monitor or review any web sites linked to the Site and we will not have any responsibility or liability with respect to linked sites.

7. Termination or Suspension of Service. We may terminate your account or suspend your access to the Site or any Service at any time, without notice, for conduct that violates this Terms of Use or is harmful to other users, in our judgment, or for failure to pay membership fees when due. In addition, we reserve the right to restrict, suspend, terminate or modify the Service, or change the frequency of information posted or type of information posted, with or without notice, and to remove, edit, move or close any thread for any reason. Also, we may need to temporarily shutdown the Site or parts of the Service for maintenance, to address problems caused by third parties or for other reasons. You may also stop using the Site or any Service at any time, but no refunds or pro-rated fees will be given if you choose to stop, if we terminate you as described above or for temporary shutdowns. You agree that we will not be liable for any termination, suspension or modification of any Service or unavailability of the Site. Sections 2 and 5-10 shall survive any termination of these Terms of Use.

8. Choice of Law. These Terms of Use shall be constructed in accordance with and controlled by the laws of the State of New York. You submit to personal jurisdiction and venue in the state and federal courts located in or near Nassau County, New York.

9. No Assignment; Waiver. The rights granted under these Terms of Use are personal in nature and you may not assign, sublicense or otherwise transfer them to any third party. Our failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect our other rights hereunder.