Terms of Service

The Agreement

This Agreement (the "Agreement") governs your access and use of HolyShnikes, LLC. ("HolyShnikes") opinion boards, email services, and service (the "Service"). In consideration for your right to access and use the Service, you and HolyShnikes agree as follows:

THE HOLYSHNIKES SERVICE

The HolyShnikes Service is an online opinion board, enabling individuals to post, respond and organize opinion based postings. You understand and agree that the Service is provided "AS-IS" and that HolyShnikes assumes no responsibility or liability for, among other things, (1) any service outages or interruptions (2) the unavailability of particular posts, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.

Acceptance

By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using the HolyShnikes service, you agree to abide by any applicable posted, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with HolyShnikes in any way, your only recourse is to immediately discontinue use of HolyShnikes.

Content

You understand that all postings, messages, text, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that HolyShnikes does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the HolyShnikes site and Content available through the Service may contain links to other websites, which are completely independent of HolyShnikes. HolyShnikes makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HolyShnikes be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that HolyShnikes does not pre-screen or approve Content, but that HolyShnikes shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason

Registration

To take advantage of the Service's full capabilities users may register with HolyShnikes. If you choose to register, you agree that you will supply HolyShnikes with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to HolyShnikes during your use of the Service is governed by HolyShnikes's privacy policy that can be viewed at http://www.HolyShnikes.com. During the registration process, you will be asked to select a password for your individual account. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. If you learn of any unauthorized use of your account or password, you agree to notify HolyShnikes immediately by sending an email to support@holyshnikes.com

LICENSE GRANTED TO HOLYSHNIKES

All materials submitted, posted or shown by users of this web site, including but not limited to submissions to our opinion message board, become, on submission, the property of HolyShnikes and are free of any claims of proprietary or personal rights. HolyShnikes reserves the present and future right to post, modify, adapt, publish or otherwise distribute these materials on this site or in any existing or future media as the sole copyright holder and owner of all publication and ownership rights without possible claims of ownership from any parties that have used this website and/or its services.

USER CONDUCT

You agree to not use the Service to:

(a) violate or solicit the violation of any applicable local, state, national or international law;

(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights

(c) post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, terrorism, hacking, and cracking (3) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (4) is the private information of another such as their names, addresses, phone number, Social Security number or credit card number; (5) you do not have a right to post due to contractual or other legal obligation.

(d) impersonate any person or entity, including, but not limited to, an HolyShnikes official, posting member, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) to post content or send emails that contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.

(f) interfere with or disrupt the Service, computer servers or posts accessible through the Service;

(g) distribute software viruses or any other computer code, files, or programs, designed to interrupt, destroy, or limit the functionality of any computer or software or hardware or telecommunications equipment.

(h) retransmit, re-broadcast or retrieve either though automated or repetitive manual means the Content stored in and/or managed by the Service.

(i) to post content or send emails that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

(j) “stalk” or otherwise harass anyone

If you do use the Service to commit any of the above, HolyShnikes may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

MEMBER DISPUTES

You are solely responsible for your interactions with other users of the Service. HolyShnikes reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.

LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE

You agree that HolyShnikes may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of posts a user may post to a the opinion board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that HolyShnikes has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATION AND TERMINATION OF SERVICE

HolyShnikes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that HolyShnikes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that HolyShnikes, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that HolyShnikes shall not be liable to you or any third-party for any termination of your use or ability to access the Service.

OTHER WEB SITES AND RESOURCES

Third parties using the Service may provide links or access to other web sites and resources. Because HolyShnikes has no control over such sites and resources, you acknowledge and agree that HolyShnikes is not responsible for the availability of such 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 HolyShnikes 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.

NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLYSHNIKES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) HOLYSHNIKES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY HOLYSHNIKES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOLYSHNIKES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOLYSHNIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

INDEMNITY

You agree to indemnify and hold HolyShnikes, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

NOTICES

Notices to you may be made via either e-mail or regular mail. HolyShnikes may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

MODIFICATION

We may amend this Agreement at any time by posting the amended terms on our site at http://www.HolyShnikes.com. All amendments shall automatically be effective immediately upon posting on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of HolyShnikes.

GENERAL

This Agreement constitutes the entire agreement between you and HolyShnikes with respect to the Service and supersedes all prior agreements and understandings between you and HolyShnikes. HolyShnikes's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. This Agreement and your relationship with HolyShnikes shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and HolyShnikes agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

To reach HolyShnikes, send an email to support@holyshnikes.com