Terms of Use

TERMS OF USE AGREEMENT BETWEEN YOU AND CAPTAIN CYNIC WWW.CAPTAINCYNIC.COM

OWNERSHIP OF SITE: AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the CAPTAIN CYNIC web site located at www.captaincynic.com (the "Site"). The Site is the property of the Head Administrators of CAPTAIN CYNIC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

MODIFICATION OF THESE TERMS OF USE
CAPTAIN CYNIC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, the terms, conditions, and notices under which the CAPTAIN CYNIC Sites/Services are offered, including but not limited to the charges associated with the use of the CAPTAIN CYNIC Sites/Services at any time. You are responsible for regularly reviewing these Terms of Use, terms and conditions and additional terms posted on particular CAPTAIN CYNIC Sites/Services for changes. Your continued use of the CAPTAIN CYNIC Sites/Services constitutes your agreement to all such terms, conditions, and notices and to all changes that occur to all such terms conditions, and notices. As long as you comply with these Terms of Use, CAPTAIN CYNIC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT - NON USER UPLOADED CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, articles, blogs, reviews, guides and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by CAPTAIN CYNIC and is protected by trade dress, copyright, and trademark laws. This Content does not include User Content (see Section 'USER CONTENT'). No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without CAPTAIN CYNIC's express prior written consent.

USER CONTENT; POSTING ON FORUMS, PHOTO THREADS, PHOTO THREADS AND OTHER AREAS
The Site includes information, images, photos, commentary, content, opinions and material that the Site users upload ("User Content" ). You agree to upload and post only User Content that you have the right to distribute. CAPTAIN CYNIC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.

You are responsible for your own User Content, whether posted in the chat rooms, forums, photo galleries or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.

CAPTAIN CYNIC will determine, in CAPTAIN CYNIC's sole discretion, whether User Content containing is acceptable or not. CAPTAIN CYNIC's decision is final even if an individual user disagrees with CAPTAIN CYNIC. CAPTAIN CYNIC reserves the right (but assumes no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at CAPTAIN CYNIC's discretion and convenience.

User Content may be edited. You can only edit content within 24 hours after initial posting. After the 24 hour period has elapsed, posts cannot be edited and CAPTAIN CYNIC has no obligation to accept requests to edit User Content. CAPTAIN CYNIC reserve the right to edit, redact or delete any User Content that you upload to the Site, at CAPTAIN CYNIC's sole discretion. CAPTAIN CYNIC may also contains material from experts, organizations and advertisers ("Third Party Content" ). CAPTAIN CYNIC is not responsible for the accuracy, reliability or usefulness of Third Party Content.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular CAPTAIN CYNIC Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CAPTAIN CYNIC immediately of any unauthorized use of your account or any other breach of security. CAPTAIN CYNIC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CAPTAIN CYNIC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the CAPTAIN CYNIC Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the CAPTAIN CYNIC Sites/Services.

NO UNLAWFUL OR PROHIBITED USE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor or reproduce any portion of the Site or any Content. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, visitor to the Site, or customer of CAPTAIN CYNIC. You may not exploit the Site information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CAPTAIN CYNIC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the CAPTAIN CYNIC or others.

TERMINATION/ACCESS RESTRICTION
CAPTAIN CYNIC reserves the right, in its sole discretion, to terminate your access to any or all CAPTAIN CYNIC Sites/Services and the related services or any portion thereof at any time, without notice. CAPTAIN CYNIC may also terminate or suspend your access to CAPTAIN CYNIC Sites/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CAPTAIN CYNIC. The amount of time that CAPTAIN CYNIC currently considers as an 'extended' period of time may be provided upon request. Upon termination of the CAPTAIN CYNIC Site/Service, your right to use the CAPTAIN CYNIC Site/Service immediately ceases.

CAPTAIN CYNIC shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

THIRD PARTY LINKS, CONTENT, SITES AND SERVICES
The CAPTAIN CYNIC Sites/Services may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of CAPTAIN CYNIC and CAPTAIN CYNIC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CAPTAIN CYNIC is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CAPTAIN CYNIC responsible if the Linked Site is not working appropriately. CAPTAIN CYNIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CAPTAIN CYNIC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

CAPTAIN CYNIC is not responsible for and does not endorse or recommend the content of linked or unlinked third-party sites; third-party products, services, events, or offerings; sites framed within the CAPTAIN CYNIC Site; third-party sites provided as search results; or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites, products, services, events or offerings is at your own risk and subject to the terms of use and privacy policies for such third party sites, and you should review the terms of use and privacy policies of all sites that you link to from our Site. CAPTAIN CYNIC does not endorse any product advertised on the Site that is not owned by CAPTAIN CYNIC.

Your interactions with organizations and/or individuals found on or through CAPTAIN CYNIC, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are your responsibility and are solely between you and such organizations and/or individuals.

You agree that CAPTAIN CYNIC, its its owner(s), CAPTAIN CYNIC administrators, CAPTAIN CYNIC subsidiaries, affiliates, officers and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on Site, or between users and any third party, you understand and agree that CAPTAIN CYNIC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CAPTAIN CYNIC, its owner(s), administrators, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

ADVERTISING OWNED BY CAPTAIN CYNIC
Any advertising such as promotions and coupons displayed on the Site that is owned by CAPTAIN CYNIC is subject to change at any time at CAPTAIN CYNIC's discretion.

THIRD PARTY ADVERTISING RULES AND REGULATIONS
Third party advertising refers to any advertising that is not solely owned by CAPTAIN CYNIC. Third Party advertising can only be advertised on authorised pages of the Site, such as the 'Promotional' (http://www.captaincynic.com/forum/56/promotions.htm) section of CAPTAIN CYNIC and any other area of CAPTAIN CYNIC where third party advertising has been authorized. These regulations are not intended to serve as legal advice and adherence to these regulations does not necessarily constitute legal compliance. Advertisers are responsible for ensuring that their ads comply with all applicable laws, statutes, and regulations. All third party advertisers must comply with the rules, regulations of this Terms Of Use agreement and abide by the following:
(a) General
1. CAPTAIN CYNIC's Promotions Guide applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view CAPTAIN CYNIC's Promotions Guide, click here.
2. Ads must not contain false, misleading, fraudulent, or deceptive claims or content.
3. Ads that violate any part of the Terms of Use will be deleted without notice and user account may be deactivated.
4. Ads that are deleted due to non-compliance will not be reimbursed.
(b) Credits
The Site's advertising service is based on a credit system whereby credits are purchased and used to place advertisemments. Credits are strictly non-refundable. Unused credits cannot be refunded or transfered from one party to another. If you do not want to use the Site's advertising service, do not purchase credits.
(c) Data and Privacy
1. Ads that attempt to collect data and personal informtion from Site users are strictly prohibited.
2. You may not directly or indirectly transfer any data to, or use such data in connection with any ad network, ad exchange, data broker, or other advertising or monetization-related toolset. By indirectly we mean you cannot, for example, transfer data to a third party who then transfers the data to an ad network.
(d) Ad Content
Advertisers must ensure that their ads comply with all applicable laws, regulations and guidelines. All claims in ads must be adequately substantiated. Ads must not offend users. Ads and any offers promoted within ads must not be false, deceptive or misleading or contain spam. Ads must not contain or promote illegal products or services. Ads must not violate the rights of any third parties. The following specific content guidelines apply:
1. Ads must relate to one of the topical forums on CAPTAIN CYNIC.
2. Promotions such as contests, sweepstakes, lotteries and competitions are strictly probihibited.
3. Ads which contain links must lead to a functioning landing page that does not interfere with a user's ability to navigate away from the page.
4. Ads must not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products. Ads must not promote family planning and contraception.
5. Ads promoting alcohol and liquer are strictly prohibited.
6. Ads must not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
7. Ads for adult friend finders or dating sites are stricly prohibited.
8. Ads that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are stricly prohibited.
9. Ads that promote offline gambling establishments, such as offline casinos, are stricly prohibited.
10. Ads must not promote the sale of prescription pharmaceuticals. Ads for online pharmacies are stricly prohibited.
11. Ads that promote dietary and herbal supplements are generally permitted, provided they do not promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterne, ephedra, human growth hormones, melatonin, and any additional products deemed unsafe or questionable by CAPTAIN CYNIC in its sole discretion.
12. Ads may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience, including but not limited to software which:
• "sneaks" onto a user's system;
• performs activities hidden to the user;
• may alter, harm, disable or replace any hardware or software installed on a user's computer without express permission from the user;
• is bundled as a hidden component of other software whether free or for an additional fee;
• automatically downloads;
• presents download dialog boxes without a user's action; or
• may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right.
13. Ads for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are stricly prohibited.
14. Ads must not promote a business model or practice that is deemed by CAPTAIN CYNIC in its sole discretion to be unacceptable or to any applicable law, including but not limited to multi-level marketing schemes, or advertisements for scams.
15. Ads must not promote the sale or use of weapons, ammunition, or explosives.
16. Ads must not promote forums websites or social networking websites.
(e) Community Standards
CAPTAIN CYNIC aims to provide a positive and user friendly environment where users feek 'welcome' to peruse the site at their leisure. CAPTAIN CYNIC tries to provide a community where users are not harrased, belittled or bullied. Ads, or categories of ads, that are negative, or are otherwise deemed to violate the positive community environment that CAPTAIN CYNIC tries to create, are prohibited and will be removed. In all cases, CAPTAIN CYNIC reserves the right in its sole discretion to determine whether particular content is in violation of our positive and user friendly community. The following specific Community Standards apply:
1. Ads must not constitute, facilitate or promote illegal activity.
2. Ads must not insult, attack, harass, bully, threaten, demean or impersonate others.
3. Ads must not contain "hate speech," whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
4. Ads that are targeted to minors must not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.
5. Ads must not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
6. Ads must not be shocking, sensational or disrespectful, or portray excessive violence.
(f) CAPTAIN CYNIC References
Ads must not imply a CAPTAIN CYNIC endorsement or partnership of any kind. Ads must not link to CAPTAIN CYNIC branded content (including pages or sites connected to CAPTAIN CYNIC). Ads and landing pages must not use CAPTAIN CYNIC copyrights or trademarks or any confusingly similar marks.
(g) Rights of Others
Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

CAPTAIN CYNIC reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising beliefs. These rules and regulations are subject to change at any time without prior notice.

PRIVACY
CAPTAIN CYNIC's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view CAPTAIN CYNIC's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

CAPTAIN CYNIC GUIDES
CAPTAIN CYNIC's Guides applies to use of this Site. The Discussion Etiquette and General Forum Rules guide terms are made a part of these Terms by reference. To view CAPTAIN CYNIC's Discussion Etiquette and General Forum Rules guide click here. To view a list of all the CAPTAIN CYNIC's Guides click here.

USE OF SERVICES
The CAPTAIN CYNIC Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services" ). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload distribute or disseminate nudity or pornographic visual material onto any areas of the site.
• Include URLs or advertising of third party products or websites or any unauthorized advertising in their user User Name, Personal Quote or Mini Bio.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an CAPTAIN CYNIC Site/Service(s) or other user or usage information or any portion thereof.
• Use swearing/profanity towards another member of the site in forums and any other publicly viewable areas of the site.
• Publish, post, upload, distribute or disseminate defamation or negative connotations towards CAPTAIN CYNIC Site/Service(s), CAPTAIN CYNIC administrators, CAPTAIN CYNIC subsidiaries, affiliates, officers and employees.
• Create user names that imitate the CAPTAIN CYNIC logo or are derivatives of the CAPTAIN CYNIC brand or resemble CAPTAIN CYNIC or resemble CAPTAIN CYNIC administration.


CAPTAIN CYNIC has no obligation to monitor the Communication Services. However, CAPTAIN CYNIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CAPTAIN CYNIC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

CAPTAIN CYNIC reserves the right at all times to disclose any information as CAPTAIN CYNIC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CAPTAIN CYNIC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CAPTAIN CYNIC does not control or endorse the content, messages or information found in any Communication Service and, therefore, CAPTAIN CYNIC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, administrators and hosts are not authorized CAPTAIN CYNIC spokespersons, and their views do not necessarily reflect those of CAPTAIN CYNIC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CAPTAIN CYNIC OR POSTED AT ANY CAPTAIN CYNIC WEB SITE
CAPTAIN CYNIC does not claim ownership of the materials you provide to CAPTAIN CYNIC (including feedback and suggestions) or post, upload, input or submit to any CAPTAIN CYNIC Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions" ). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CAPTAIN CYNIC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CAPTAIN CYNIC is under no obligation to post or use any Submission you may provide and CAPTAIN CYNIC may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE CAPTAIN CYNIC SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the CAPTAIN CYNIC Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software" ) is owned by and is the copyrighted work of CAPTAIN CYNIC Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement" ). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, CAPTAIN CYNIC Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular CAPTAIN CYNIC Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

GENERAL TERMS REGARDING USE AND STORAGE
You agree that CAPTAIN CYNIC may establish limits concerning use of any service offered on an CAPTAIN CYNIC Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on CAPTAIN CYNIC's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that CAPTAIN CYNIC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that CAPTAIN CYNIC reserves the right to delete accounts that are inactive for an extended period of time.

CAPTAIN CYNIC MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: Head Administrator

NO SPAM; DAMAGES
CAPTAIN CYNIC will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay CAPTAIN CYNIC liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CAPTAIN CYNIC's actual damages, to the extent such actual damages can be reasonably calculated.

LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volont• expresse des parties que la pr?sente convention ainsi que les documents qui s'y rattachent soient r?dig?s en anglais.

GENERAL
This agreement is governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada. in all disputes arising out of or relating to the use of the CAPTAIN CYNIC Sites/Services. Use of the CAPTAIN CYNIC Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAPTAIN CYNIC as a result of this agreement or use of the CAPTAIN CYNIC Sites/Services. You agree to indemnify and hold CAPTAIN CYNIC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the CAPTAIN CYNIC Sites/Services. CAPTAIN CYNIC reserves the right to disclose any personal information about you or your use of the CAPTAIN CYNIC Sites/Services, including its contents, without your prior permission if CAPTAIN CYNIC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CAPTAIN CYNIC or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. CAPTAIN CYNIC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CAPTAIN CYNIC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CAPTAIN CYNIC Sites/Services or information provided to or gathered by CAPTAIN CYNIC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CAPTAIN CYNIC with respect to the CAPTAIN CYNIC Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CAPTAIN CYNIC with respect to the CAPTAIN CYNIC Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAPTAIN CYNIC SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CAPTAIN CYNIC SITES/SERVICES AND TO THE INFORMATION THEREIN. CAPTAIN CYNIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CAPTAIN CYNIC SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE CAPTAIN CYNIC SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CAPTAIN CYNIC CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE CAPTAIN CYNIC SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAPTAIN CYNIC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT CAPTAIN CYNIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN CAPTAIN CYNIC SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CAPTAIN CYNIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CAPTAIN CYNIC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN CAPTAIN CYNIC SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL CAPTAIN CYNIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CAPTAIN CYNIC SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE CAPTAIN CYNIC SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CAPTAIN CYNIC SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CAPTAIN CYNIC SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPTAIN CYNIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CAPTAIN CYNIC SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CAPTAIN CYNIC SITES/SERVICES.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the CAPTAIN CYNIC Web Sites are: Copyright © 2011 Captain Cynic Corporation and/or its suppliers, All rights reserved.

TRADEMARKS.CAPTAIN CYNIC and/or other CAPTAIN CYNIC products referenced herein are either trademarks or registered trademarks of CAPTAIN CYNIC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

DIGITAL MILLENIUM COPYRIGHT ACT.
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA" ) by providing our Copyright Agent with the following information in writing:

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work or works claimed to have been infringed, and the location of where it first appeared;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


CAPTAIN CYNIC's designated Copyright Agent to receive notifications of claimed infringement is: Dawn, DMCA Agent, support@captaincynic.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

FOR INFORMATION REGARDING THE CAPTAIN CYNIC.COM PRIVACY STATEMENT SEE HERE. http://www.captaincynic.com/thread/91574/privacy-policy.htm

Updated by Captain Cynic Administration on June 12, 2012