USER'S AGREEMENT AND RULES OF CONDUCT FOR KOKOSGOLDFISH.COM MESSAGE BOARDS
Use of and participation in KokosGoldfish.com's message boards ("interactive community") is contingent upon your acceptance of the following terms and rules. By participating in the interactive community, you acknowledge your acceptance of these terms. For purposes of this agreement, "Participant" refers to you. "KokosGoldfish.com" refers to the KokosGoldfish.com website and its ownership.
RULES OF CONDUCT
Participant shall not post or transmit through KokosGoldfish.com any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. You may not transmit materials which encourage conduct that constitutes a criminal offense .
Participant shall not upload, post, or otherwise make available on the KokosGoldfish.com site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
OWNERSHIP OF MESSAGES
Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and other creative "Submissions" posted to the KokosGoldfish.com site. Participant authorizes KokosGoldfish.com to utilize, in any manner it sees fit and for eternity, the Submissions posted on the site, which shall become the property of KokosGoldfish.com. Participant releases KokosGoldfish.com from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify KokosGoldfish.com in connection therewith. Participant agrees and acknowledges that participation in the KokosGoldfish.com site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between Participant and KokosGoldfish.com (other than the contractual relationship between KokosGoldfish.com and Participant entered into by virtue of Participant's agreement to these Rules of Conduct.)
SCREEN NAMES
Whenever you post a message in the interactive community, your screen name will automatically appear with your message. You may choose a name to use in connection with your messages in the interactive community. However, you may not use a user name (or e-mail address) that attempts to impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property rights of any person; or that KokosGoldfish.com deems to be offensive.
RIGHTS OF KokosGoldfish.com / DISCLAIMER OF LIABILITY
KokosGoldfish.com is a distributor only (and not a publisher) of its interactive community. The content is supplied by Participant with occasional responses from KokosGoldfish.com. KokosGoldfish.com shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, KokosGoldfish.com shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. KokosGoldfish.com shall have the right and sole discretion to edit, to refuse to port or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed in the message boards are not necessarily (and in some cases not at all) those of KokosGoldfish.com. KokosGoldfish.com is not responsible for any materials provided by users which are deemed harmful or offensive to others. KokosGoldfish is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in these sections of the site. KokosGoldfish.com is not responsible for the content of any sites linked to from the KokosGoldfish.com site.
KokosGoldfish.com makes no warranties, express or implied, as to the content in the KokosGoldfish.com site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in KokosGoldfish.com message boards are those of such Participants only, and KokosGoldfish.com neither endorses nor shall be held responsible for the reliability or accuracy of same.
PARTICIPANT'S INDEMNIFICATION / OBLIGATIONS
Participant agrees to defend, indemnify and hold harmless KokosGoldfish.com, its owner, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of Participant's use of KokosGoldfish.com sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, libel, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
TERMINATION
KokosGoldfish.com shall have the right to immediately terminate any Participant's use of the KokosGoldfish.com site if KokosGoldfish.com determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which KokosGoldfish.com determines in its sole discretion to be unacceptable.
