Terms of Service
Last Revised August 20, 2007
RESPONSIBILITY
The following Terms of Use ("Agreement") governs the use of www.thotmarket.com ("Website"), including without limitation all components within ("Services"),.
Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.thotmarket.com/terms.php. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, do not use the Website.
Your failure to follow these rules, whether listed below elsewhere on the Website, may result in suspension or termination of your access to the Website, without notice.
MODIFICATIONS
The website reserves the right to modify these Terms of Use at any time and will publish notifications of material modifications at its sole discretion. By continuing to access the website after notice of such modifications have been published, you signify your agreement to be bound by them.
REGISTRATION
As a condition to using some services, you are required to register with the website and select a username and password (“Website Identity”). You shall provide website with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the agreement, which may result in immediate termination of your website account. You may not (i) select or use as a Website Identity a name of another person with the intent to impersonate that person; (ii) use as a Website Identity a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Website Identity a name that is otherwise offensive, vulgar or obscene. The Website reserves the right to refuse registration of, or cancel an acount in its discretion. You shall be responsible for maintaining the confidentiality of your website password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
CONTENT PROVIDED BY YOU
As a condition to using the website and you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
LINKS
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the website has no control over such sites and resources, you acknowledge and agree that the website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CHANGES TO CONTENT PROVIDED BY YOU
The website reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
MONETARY RESPONSIBILITY
All services provided by the website are for entertainment purposes only. Services and language related to stock, shares, markets, investing, or other financial activities are analogies used by the website to enhance the entertainment value. The use of language like credit, dollars and ‘$’ do not imply that any monies are being held or transacted in any way. The website will not solicit and website users will not provide payment for any activity on the website. The website will not provide and website users will not receive any monetary payment for any activities related to the website. Use of the website implies acknowledgement that the market portrayed on the website is a simulation for entertainment purposes only and not in any way related to actual markets. Furthermore, participation in any activity on the website implies the understanding that the website does not and never will have any financial responsibility to the website user.
INDEMNITY
You will indemnify and hold harmless the Website, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Website Identity, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
The Website has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.