Terms of Service/Terms of Agreement
The following Terms and Conditions apply when creating, accessing, using, and interacting with an account on the domain of FilterIsh.
Please read these Terms and Conditions carefully before creating an account as You are henceforth bound to these Terms and Conditions upon acceptance until “Account Termination” as outlined below. If You do not agree to these Terms and Conditions, then You SHOULD NOT create an account on the domain of FilterIsh.
As this site is intended to be a social media platform where any Verified User can post anything that does not breach the Acceptable Use policies in the Terms and Conditions and may be visible to persons who are not Verified Users, We urge You to take caution in posting personal information.
1. Acceptance of Terms and Conditions
1.1 By checking the casebox on the Account Creation form, You will be deemed to have consented to the Terms and Conditions outlined both above and below, henceforth referred to as the “Terms of Service”.
1.2 We reserve the right to change or update these Terms of Service from time to time (subject to Your termination right pursuant to Account Termination outlined in Section 6: Account Suspension and Termination). Any revisions to these Terms of Service will be notified to You via:
1.2.A The “E-mail” that You used to register Your Account
1.2.B Upon “Logging in” with an Account on the domain of FilterIsh
1.2 C Any other “verified contact method” as defined in Section 9.1: Verified Contact Methods
1.3 Acceptance of these Terms of Service does NOT guarantee the protection of any information You provide in the Account Creation, User Profile, or General Acceptable Use on the domain of FIlterIsh. By agreeing to these Terms of Service You thereby waive the right to hold responsible the domain of FilterIsh, any administrative person to the domain of FilterIsh, the owner of the domain, and the registrant of the domain name for any non-intentional loss or compromise of Your information.
2. Age of Consent
2.1 To Create, Access, Use, and Interact with an Account on the domain of FilterIsh, You must be 21 years old or over. If We discover or have any reason to suspect that You are not over 21 years of age, then We reserve our right to Suspend or Terminate Your account.
2.2 By checking the casebox on the Account Creation form, You will be deemed to have certified that You are over 21 years of age.
3. Password, E-mail, and Security
3.1 Upon Account Creation, You will select a Password and E-mail that You can use to Access Your Account and Profile and to log on to the FilterIsh domain.
3.2 You are responsible for maintaining the confidentiality of Your Password and log on E-mail and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Site and will not be liable where Your Password or log on E-mail are used by someone else.
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or log on E-mail or any other breach of security of which You become aware.
4. Your Warranties
4.1 You warrant that:
4.1.A You are over 21 years of age.
4.1.B All information and details provided by You to Us (including during Account Creation) are true, accurate and up to date in all respects and at all times.
4.1.C You will comply with these Terms of Service including, without limitation, the restrictions relating to acceptable use set out at section 5 below.
4.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your Account Creation, Access, Use, and Interaction and In arising from any breach or suspected breach of these Terms of Service by You or Your violation of any law or the rights of any third party.
5. Acceptable Use
5.1 We support the free flow of information and ideas over the Internet and do not always actively monitor use of the Site, including Account Interactions under normal circumstances. We seek to balance this aim with Our obligations to other Verified Account Users and at law, however. We also therefore require that YOU DO NOT:
5.1.A say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
5.1.B advertise or promote third party or Your own products or services including by way of the distribution of 'spam' mail;
5.1.C use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
5.1.D make insulting remarks to or about other Account Users or real persons living OR deceased ("flaming");
5.1.E jump in and out of Site chat ("frogging");
5.1.F distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
5.1.G impersonate another person or Account User;
5.1.H transfer files that contain viruses, trojans or other harmful programs;
5.1.I use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
5.1.J access or attempt to access the accounts of other Verified Account Users or to penetrate or attempt to penetrate the Site security measures including, but not limited to: SQL injection, brute force attempts, social engineering, and phishing;
5.1.K have more than one Verified Account at any time.
5.2 We may take any or all of the following action at Our discretion:
5.2.A remove any Verified Account profile information (including photographs, posts, multimedia, etc.) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or which may violate these Terms of Service or where required to do so by law;
5.2.B issue Verified Account Users with verbal or written warnings and may take such further action as We deem appropriate under this paragraph 5.2 if such warnings are not heeded;
5.2.C suspend or terminate a Verified Account User’s access to the FilterIsh Domain without notice at any time;
5.2.D inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
5.2.E bring legal action against a Verified Account User or Other User of the FilterIsh Domain in relation to any breach of these Membership Terms and Conditions or any illegal or suspected illegal activity.
We will determine what action is appropriate to be taken against a Verified Account User or Other User on a case by case basis.
5.3 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Account Users without prior or further notice to You.
6. Account Suspension and Account Termination
6.1 Your Verified Account may be suspended at any time with no prior notice for reasons including, but not limited to, the following:
6.1.A If We discover or have any reason to suspect that You are not over 21 years of age. This will be subject to possible review, request of verification, and if You are not able to provide any or all of the requested material will result in Account Termination.
6.1.B If you have violated any of the terms outlined in Section 5, Acceptable Use. As previously stated, this will result in review of material in question, possible removal of material in question, possible suspension, and possible termination as We deem appropriate.
6.2 Your Verified Account may be terminated at any time with no prior notice for reasons including, but not limited to, the following:
6.2.A Any violation of the terms outlined in Section 5, Acceptable use OR Sections 6, 6.1.A, and 6.1.B as We deem appropriate.
6.3 If Account Termination of a Verified Account is deemed necessary or appropriate by Us, we shall allow a “grace period” of no less than seven (7) days and no more than thirty (30) days in which an appeal may be made by the Verified Account User and the Verified Account User’s information will be kept stored. After this “grace period” ends without a successful appeal being made, or until relevant information is disbursed to any legal authorities if necessary, all information submitted by the User including, but not limited to, posts, images, photos, multimedia content, etc. shall be purged from servers with no way to retrieve said information/material henceforth. This does NOT include removal of information or material submitted by any other Verified Account User (I.E. photos and posts that contain the terminated Account User’s image or name).
6.4 Verified Account User termination requests
6.4.A Verified Account Users may request their Account to be “terminated” willingly. By requesting this termination, all information submitted by the User including, but not limited to, posts, images, photos, multimedia content, etc. shall be purged from servers with no way to retrieve said information/material henceforth. This does NOT include removal of information or material submitted by any other Verified Account User (I.E. photos and posts that contain the terminated Account User’s image or name).
7. Intellectual Property Rights
7.1 Your use of the FilterIsh Domain grants no rights to You in relation to Our intellectual property rights or the intellectual property rights of third parties.
7.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
8. Limitation of Liability
8.1 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the FilterIsh Domain will be available uninterrupted and in a fully operating condition nor that the information on and provided will be free from errors or omissions.
8.2 Access to the FilterIsh Domain and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
8.3 Save that nothing in this section 8 shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on the FilterIsh Domain are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the FilterIsh Domain or its content, including, without limitation information provided by or regarding other Account Users. We cannot verify all Account User profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by You on the basis of information provided on or via the FilterIsh Domain is at Your sole discretion and risk.
8.4 Due to the fact that many technical aspects of the FIlterIsh Domain and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, or fitness for a particular purpose.
8.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or other Account Users of the Site that is in contravention of these Terms of Service or is not directly attributable to Our negligence.
8.6 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence.
9. Verified Contact Methods
9.1 Account Creation requires the verification of an “E-mail address” to complete that also serves as your log on identity. This E-mail address will serve as one of Your Verified Contact Methods which will be used to receive important information such as updates to this Terms of Service.
9.2 Additional Verified Contact Methods may be added after Account Creation is complete, but upon receipt by ANY of Your Verified Contact Methods will constitute any Account information (such as updates to this Terms of Service) as being made known to You by Us.
9.3 To create a Verified Contact Method, such as on Account Creation, a Verification process must be completed generally involving a message being sent to the Account User requiring steps of action that must be taken. After this process is complete, the Verified Contact Method will be stored exclusively for Our use in contacting You in regard to Your Account.
10. General
10.1 We shall not be liable for any failure for any suspension, or termination of access to the FilterIsh Domain or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
10.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10.3 These Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the court of Durham County, North Carolina of the United States.