New Caprice - Discussion forums - Terms of use

STANDARD TERMS AND CONDITIONS FOR USE (the boring legal stuff!)

Please read these terms carefully as use of this system is conditional on your ongoing acceptance of these terms. By accessing the “New Caprice - Discussion forums” (hereinafter “we”, “us”, “our”, “New Caprice - Discussion forums”, “http://newcaprice.com/forum”), you agree to be legally bound by the following terms and indicate your continued acceptance of these terms. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These terms and conditions are governed by the laws of the United States of America and the laws of the State of Florida.

This website and the attached forum system is a compilation of information, images, and sounds believed to be in the public domain at the time of publication, except as stated herein. "Chevrolet", "Caprice", "9C1", "9C3", the Chevrolet emblem, the Chevrolet police vehicle emblem, the "SS" emblem, and the Caprice emblem are either registered or unregistered trademarks of the Chevrolet Division of General Motors Corporation.

Changes in these "Standard Terms and Conditions for use" will be posted on the New Caprice website as changes are made, all changes are regarded as in full effect at the time of posting on the system. We strongly recommend all user(s) closely review this agreement on an ongoing basis. Again, your continued usage of “New Caprice - Discussion forums” after changes stipulates that you agree to be legally bound by these terms as they are updated and amended. All site content for "newcaprice.com" is also incorporated into "capriceppv.com" by reference as the site may be accessed by either URL.

If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You may not use false or misleading information in connection to your account. The system operator(s) may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose the site or its management to claims of third parties. You agree that we may verify the accuracy of information you have provided to us.

You are responsible for taking reasonable steps to maintain the confidentiality of your login credentials. You must immediately notify the New Caprice system management of any unauthorized uses of your information, your account or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Limited”, “phpBB Teams”) which is a bulletin board solution released under the “GNU General Public License v2” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions; phpBB Limited is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: https://www.phpbb.com/.

If any copyrighted material is inadvertantly used in this forum system, it will be removed immediately upon request from an authorized source, provided that the reference for the copyright is provided for independent verification purposes. Exceptions are made for; A) materials obtained pursuant to public records laws in various state(s) which now exist in the public domain by virtue of release of the documents without non-disclosure agreements from the originator to the public entity, and/or B) non-protected materials obtained from the federal government. By your access of this forum system, unless provided per applicable state, local, or Federal law, regulation, ordinance, or rule section the venue for any litigation resulting from operation of this website or access to this forum system will be in the County and/or Circuit Court in & for Brevard County, Florida. Any cause of action, regardless whether in contract, tort or otherwise must commence within one (1) year after the cause of action accrues, otherwise such cause of action will be permanently and forever barred. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof will not waive such term or condition or any subsequent breach thereof in any one instance. You may only assign your rights under these Terms to any party that consents to and agrees to be bound by these terms in writing.

The operator(s) of this forum system neither warrant nor represent that your use of materials displayed on this site will not infringe on the rights of third parties not owned by or affiliated with this forum system. While the operator(s) of this forum system use reasonable efforts to include accurate and up to date information in this site, the operator(s) of this forum system make no warranties or representations as to its accuracy. The operator(s) of this forum system assume no liability or responsibility for any errors or omissions in the content of this site EITHER EXPRESSED OR IMPLIED. All site content is Copyright © 2012, newcaprice.com and capriceppv.com .

The operator(s) of this forum system nor any other party involved in creating, producing, or delivering this forum system is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this site. Without limiting the foregoing, all content on this site is provided to users in "AS IS" condition WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. The operator(s) of this forum system assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of this site or your downloading of any materials, data, text or images from this forum system. The operator(s) of this forum system have not reviewed all content of each site linked to this forum system by system user(s) and are not responsible for the content of any off-site pages or any other sites linked to this forum system.

You may terminate your agreement and close your account at any time by sending an email to "elc32955@aol.com". New Caprice dot com and its forum system may terminate its relationship with you, or may terminate or suspend the accessibility to the Website at any time (A) if you breach these Terms and/or any other agreement; (B) if the system operator(s) reasonably suspect that you are using the Website or forum system to breach the law or infringe third party rights; (C) if the system operator(s) reasonably suspect that you are trying to unfairly exploit or misuse our network against these policies; (D) if the system operator(s) reasonably suspect that you are using the website or forum system fraudulently, or that information obtained from our website or forum system provided to you is being used by a third party fraudulently; (E) if you violate any applicable law, statute, regulation or ordinance. Upon termination of your New Caprice account for the above reasons, you will be denied access to the Website and forum system (including all of its data) via IP blocking.

Prospective user validations are done manually via EMAIL by a system administrator (live person!) for all accounts. Note that if you do not plan to post on the system a valid user account is not required except to access restricted read areas of the system or to post content or file attachments. You are required to answer the validation EMAIL within 120 hours (5 calendar days) after you receive your validation EMAIL, this means the EMAIL address you enter during the application process MUST be accurate and be able to both send and receive EMAIL. If you do not respond to the validation EMAIL within 120 hours your account application will be deleted by the system operator(s), however you may re-apply at any time without prejudice.

Please note that we require you to make at least one forum post within 180 days after you first obtain forum membership. Accounts annotated as not making a post after 180 days may be deleted by system management at their discretion under our account dormancy policy. Accounts that have posted will not be deleted under account dormancy for the lifetime of the system.

You hereby agree under penalty of applicable law(s) and ordinance(s) not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated, copyrighted documents or software, trademarked material, or any other material that may violate any laws be it of your country, the country where “New Caprice - Discussion forums” is hosted (the United States of America) or applicable International Law. The system operators have the right to (A) refuse or remove any Content that, in the system operator(s) reasonable opinion violates any system policy or is in any way harmful or objectionable, or (B) terminates or denies access to and use of the Website or forum system, to any person for any reason at the sole discretion of System Staff. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “New Caprice - Discussion forums” system operators, moderators, and staff have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent except under a valid court order or subpoena, neither “New Caprice - Discussion forums”, its operator(s), administrators, staff, and web hosting service nor PHPbb shall be held responsible for any hacking attempt that may lead to the data being compromised.


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