Terms of Use 1. Your Acceptance A. By using and/or visiting this website (collectively, including all content made available through the Rabbithole2.com or Theultimateconspiracy.com domain names and any country-specific domains or subdomains thereof, the "rabbithole2 Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)rabbithole2.com's privacy notice, found at http://rabbithole2.com/privacy_policy.htm and incorporated here by reference. If you do not agree to any of these terms or the rabbithole2.com privacy notice, please do not use the Rabbithole2.com Website. |
| Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Rabbithole2.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. Rabbithole2.com Website A. These Terms of Service apply to all users of the Rabbithole2.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Rabbithole2.com Website includes all aspects of Rabbithole2.com, including but not limited to Rabbithole2.com channels, the Rabbithole2.com forum. B. The Rabbithole2.com Website may contain links to third party websites that are not owned or controlled by Rabbithole2.com. Rabbithole2.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rabbithole2.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Rabbithole2.com from any and all liability arising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the Rabbithole2.com Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Rabbithole2.com Accounts A. In order to access the forum features of the Website, you will have to create a Rabbithole2.com forum account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rabbithole2.com immediately of any breach of security or unauthorized use of your account. B. Although Rabbithole2.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rabbithole2.com or others due to such unauthorized use. 4. General Use of the Website—Permissions and Restrictions Rabbithole2.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Rabbithole2.com's prior written authorization. B. You agree not to alter or modify any part of the Website, including but not limited to Rabbithole2.com's forum, presentation, or any of its related technologies. C. You agree not to access User Submissions (defined below) or Rabbithole2.com Content through any technology or means other than the Rabbithole2.com Website itself. D. You agree not to use the Website, including the Rabbithole2.com forum or presentation for commercial use, without the prior written authorization of Rabbithole2.com. Prohibited commercial uses include any of the following actions taken without Rabbithole2.com's express approval: * sale of access to the Website or its related services on another website; * use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the Rabbithole2.com website or any third-party website, targeted to the content of specific User Submissions or Rabbithole2.com content; * and any use of the Website or its related services that Rabbithole2.com finds, in its sole discretion, to use Rabbithole2.com's resources or User Submissions with the effect of competing with or displacing the market for Rabbithole2.com, Rabbithole2.com content, or its User Submissions. E. Prohibited commercial uses do not include: * uploading an original story to Rabbithole2.com, or maintaining an original thread on the Rabbithole2.com thread, to promote your business or artistic enterprise; F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Rabbithole2.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rabbithole2.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rabbithole2.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. G. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Rabbithole2.com Community Guidelines, and all applicable local, national, and international laws and regulations. H. Rabbithole2.com reserves the right to discontinue any aspect of the Rabbithole2.com Website at any time. 5. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Rabbithole2.com Website. A. The content on the Rabbithole2.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Rabbithole2.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rabbithole2.com reserves all rights not expressly granted in and to the Website and the Content. B. You may access the website solely: * for your information and personal use; * as intended through the normal functionality of the Rabbithole2.com Service; C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Rabbithole2.com forum Service. User Comments are made available "as is", and may not be used, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, translated, published, performed or otherwise exploited in any manner not intended by the normal functionality of the Rabbithole2.com Service or otherwise as prohibited under this Agreement. D. You may access Rabbithole2.com Content, User Submissions and other content only as permitted under this Agreement. Rabbithole2.com reserves all rights not expressly granted in and to the Rabbithole2.com Content and the Rabbithole2.com Service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Rabbithole2.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Rabbithole2.com Website or the Content therein. G. You understand that when using the Rabbithole2.com Website, you will be exposed to User Submissions from a variety of sources, and that Rabbithole2.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rabbithole2.com with respect thereto, and agree to indemnify and hold Rabbithole2.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 6. Your User Submissions and Conduct A. As a Rabbithole2.com forum account holder you may submit textual content ("User Comments"). User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Rabbithole2.com does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Rabbithole2.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Rabbithole2.com, you hereby grant Rabbithole2.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Rabbithole2.com Website and Rabbithole2.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Rabbithole2.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Rabbithole2.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Rabbithole2.com Service. You understand and agree, however, that Rabbithole2.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Rabbithole2.com all of the license rights granted herein. E. Rabbithole2.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Rabbithole2.com expressly disclaims any and all liability in connection with User Submissions. Rabbithole2.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Rabbithole2.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Rabbithole2.com reserves the right to remove Content and User Submissions without prior notice. 7. Account Termination Policy A. Rabbithole2.com will terminate a User's forum access to its Website if, under appropriate circumstances, the User is determined to be a repeat infringer. B. Rabbithole2.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Rabbithole2.com may remove such User Submissions and/or terminate a User's forum access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 8. Copyright Policy A. Rabbithole2.com operates a clear copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party. Details of that policy can be found here http://rabbithole2.com./copyright.htm. B. As part of Rabbithole2.com's copyright policy, Rabbithole2.com will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice. 9. Warranty and Condition Disclaimer YOU AGREE THAT YOUR USE OF THE RABBITHOLE2.COM WEBSITE AND FORUM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RABBITHOLE2.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. RABBITHOLE2.COM MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RABBITHOLE2.COM WEBSITE. RABBITHOLE2.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. RABBITHOLE2.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RABBITHOLE2.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RABBITHOLE2.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED. 10. Limitation of Liability IN NO EVENT SHALL RABBITHOLE2.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RABBITHOLE2.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RABBITHOLE2.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Rabbithole2.com makes no representations that the Rabbithole2.com Website is appropriate or available for use in other locations. Those who access or use the Rabbithole2.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity You agree to defend, indemnify and hold harmless Rabbithole2.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Rabbithole2.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Rabbithole2.com Website. 12. Ability to Accept Terms of Service You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Rabbithole2.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Rabbithole2.com Website. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rabbithole2.com without restriction. 14. General You agree that: (i) the Rabbithole2.com Website shall be deemed solely based in the country of The United States; and (ii) the Rabbithole2.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Rabbithole2.com, either specific or general, in jurisdictions other than the country of The United States. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the Country of The United States, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and Rabbithole2.com that arises in whole or in part from the Rabbithole2.com Website shall be decided exclusively by a court of competent jurisdiction located in the country of The United States. These Terms of Service, together with the Privacy Notice at http://rabbithole2.com.com/privacy_policy.htm and any other legal notices published by Rabbithole2.com on the Website, shall constitute the entire agreement between you and Rabbithole2.com concerning the Rabbithole2.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Rabbithole2.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Rabbithole2.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Rabbithole2.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND RABBITHOLE2.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RABBITHOLE2.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 15. Language The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only. |