How to Join Member's Area Private Library Search Today's Topics p Login
Main Forums Discussion Tech Talk Mature Content Archives
   Nav Win
 Discussion
 pipTalk Lounge
 Purloined Poetry Search   [ Page: 1  2  3  4  5  6  7  ]
 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Follow us on Facebook

 Moderated by: Ron   (Admins )

 
User Options
Format for Better Printing EMail to a Friend Not Available
Admin Transferred from Senior Moderators Only Print Send ECard
Passions in Poetry

Purloined Poetry Search

 Post A Reply Post New Topic   Go to the Next Oldest/Previous Topic Return to Topic Page Go to the Next Newest Topic 
Alicat
Member Elite
since 05-23-99
Posts 4277
Coastal Texas


0 posted 03-03-2001 01:10 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Ron, admins, and mods:

Today, Sharon and I were talking over ICQ, and she mentioned heading to Yahoo! and typing my name in the search window, just to see if my pages at Passions popped up first. They did, as well as a few other links that I did not recognize. Upon following them, I found some of my poems, on sites, without my permissions, though credit was given. At one site in particular  http://www.getpassionatenow.com/gppoetry.html  all the authors of the poetry linked back to netpoets.com. I don't recall ever being asked by this site to use my material. Now, I don't mind the exposure, but I am a little irked by the lack of common courtesy.

Any and all opinions/insights would be appreciated. I would also urge ya'll to do a search on yourself, just to see what pops up.  http://www.yahoo.com  or whatever search engine you prefer.


Alicat, the slightly disgruntled kilted Persnikitty


[This message has been edited by Alicat (edited 03-12-2001).]
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


1 posted 03-03-2001 01:13 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

I've found several others using our members poetry but am not sure if they gave permission. One poet (a newbie named Ron Carnell) has his poem 'Cyber Seas', as an internet greeting card...needless to say, I sent Ron an email. And I wrote a letter to the site that was using Alicat's poem. Methinks we ALL should do some digging..

[This message has been edited by Poet deVine (edited 03-03-2001).]
Severn
Member Rara Avis
since 07-17-99
Posts 8273


2 posted 03-03-2001 01:35 PM       View Profile for Severn   Edit/Delete Message      Find Poems  View IP for Severn

All I get is stuff on the Severn river LOL

Mind you - this is techno girl we are talking to...I really don't know what I am doing. How do those poems link back to netpoets? I couldn't even see THAT sigh.
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


3 posted 03-03-2001 01:36 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

And now this:


http://www.blenheim.webgate.net/~sullivan/poetry2.html

Alicat
Member Elite
since 05-23-99
Posts 4277
Coastal Texas


4 posted 03-03-2001 01:50 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Severn, it you go to the link I posted above, click on a poem, then hover your mouse pointer on the author's name. Now look at the lower left hand corner of your browser. You will see what I was referring to.
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


5 posted 03-03-2001 01:55 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

I found another one of mine..there was no email address so I posted a note on this person's guest book...now what? Sigh..I know Ali, I should calm down..
Ron
Administrator
Member Rara Avis
since 05-19-99
Posts 9708
Michigan, US


6 posted 03-03-2001 02:08 PM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

I think this thread should be moved into the Alley, so ALL of our Members can benefit from it.

FWIW, getpassionatenow.com and asandboxgreeting.com are, in some obscure way, related to each other. The former is registered to Ann LeVassuer in Westland, Michigan and the latter is registered to Sandra B, also in  Westland, Michigan. Coincidence? Maybe, but the billing contact for getpassionatenow.com is listed as S.B., too.

Everyone knows how strongly I feel about the importance of getting permissions before using someone else's work. We have a right to know where our words are being displayed and what mental relationships are being formed as the result of that display. This could just as easily have been a porn site.

I suggest writing the individual responsible, making it very clear that permission was never asked nor given. Cite the page, but also mention the domain name very prominently AND CC your letter to the web host. You will likely get a fairly quick response.

Domain: getpassionatenow
Person: Ann LeVassuer contact@getpassionatenow.com
Host: Jay Jeszenka jay@hostandsave.com

Domain: asandboxgreeting.com
Person: Sandra B sans38@prodigy.net
Host: Register.Com domain-registrar@register.com

Domain: blenheim.webgate.net
Person: Marcie Sullivan sullivan@blenheim.webgate.net
Host: webgate.net domains@WEBGATE.NET

If anyone finds any other site that is posting their poetry without permission, I will be more than happy to track down the web host.  
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


7 posted 03-03-2001 02:27 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

Ok..I'll move this to the Alley!! Thanks Ron.
Alicat
Member Elite
since 05-23-99
Posts 4277
Coastal Texas


8 posted 03-03-2001 02:34 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

I agree Ron, and thank you deVine for moving this thread from Mod to the Alley.

Ok, members. Sometimes it is best to err on the side of caution, so I would urge you to do a search on your alias and copyright name, just to see who has you linked where. If the site is one to which you gave posting permission, fine and dandy. But if not, let us know. We'll all try to help you resolve this issue. Try searches at Yahoo!, Excite, Dogpile, etc., then post the link in your reply using 'a href' or UBB url code. (Both examples can be found in the Member's Help Area). If you know of someone here who normally does not leave their particular forum, send em this post, give em a clue.


Good huntin!


Alicat
WhtDove
Member Rara Avis
since 07-22-99
Posts 9561
Illinois


9 posted 03-03-2001 02:45 PM       View Profile for WhtDove   Email WhtDove   Edit/Delete Message      Find Poems   Click to visit WhtDove's Home Page   View IP for WhtDove

I found one of mine as well, and sent an email to this person. I see it's linked to the "poetry buffet."

http://user.icx.net/~ae4vp/nothing.html
serenity blaze
Member Empyrean
since 02-02-2000
Posts 28839


10 posted 03-03-2001 02:47 PM       View Profile for serenity blaze   Email serenity blaze   Edit/Delete Message      Find Poems  View IP for serenity blaze

well. That was fun. serenity had a LOT OF STUFF. and I honestly did not know Serenity was a porn star too. (IT'S NOT ME, SVEN.)
WhtDove
Member Rara Avis
since 07-22-99
Posts 9561
Illinois


11 posted 03-03-2001 02:53 PM       View Profile for WhtDove   Email WhtDove   Edit/Delete Message      Find Poems   Click to visit WhtDove's Home Page   View IP for WhtDove

Here is one......sorry ALI!

This one is active, and NO email address....
http://www.inthetwinklingofaneye.homestead.com/PoemsOfFaith.html


Here's another one....
http://www.ilovejesus.com/myhome/shannonrenae/



[This message has been edited by WhtDove (edited 03-03-2001).]
Alicat
Member Elite
since 05-23-99
Posts 4277
Coastal Texas


12 posted 03-03-2001 03:24 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Allow me to apologize for any sensationalism this thread has caused.

quote:
Please respect the rights of the author and Passions in Poetry. If you would like to link to this page from your own web site, please feel free to do so. If you would like to post a copy of the poem, on the Web or elsewhere, please include appropriate credit to the author and a link to this page URL. Thank you.


This quote can be found on any poetry page at netpoets, and keeping that in mind, getpassionatenow did not violate this clause. However, there are still others out there, who include the poet's name, but fail to link back to the PiP page URL.

This does not negate the issue of common courtesy. I still hold that the poet should be contacted and permission granted before their work is posted elsewhere. So before anyone goes ballistic, check to see if the site in question links back to the page url, as well as giving credit.

Examples:
http://www.gurlpages.com/cutie_lucy/link4.html
http://www.madasafish.net/~slcastra/slc/slcrainbow.html

Neither of these asked my permission, or linked back to the original netpoets url.

Your Alley Moderator

Alicat

[This message has been edited by Alicat (edited 03-03-2001).]
Skyfyre
Senior Member
since 08-15-99
Posts 1966
Sitting in Michael's Lap


13 posted 03-03-2001 03:34 PM       View Profile for Skyfyre   Email Skyfyre   Edit/Delete Message      Find Poems  View IP for Skyfyre

EEEEEEEEEWW!

I found one of my poems -- the only one I submitted to the main site -- posted on a DATING PAGE ...  

*Linda reels dramatically*

Anyway, this is the site:
http://www.tolove.com/poems1/lifepoems1.php3?messageID=18

Apparently it was posted there by someone called "Love Guy," without my permission!

(I feel so violated -- *swoon*)

On a lighter note, the search was certainly enlightening ... apparently there is a songwriter with my penname, one "Drew Skyfyre," as well as several characters from online RPGS such as: "Lord Mersteel Skyfyre the Dark Elf Demonmaster"

Sounds like an important guy.  hehe


Linda






[This message has been edited by Skyfyre (edited 03-03-2001).]
Ron
Administrator
Member Rara Avis
since 05-19-99
Posts 9708
Michigan, US


14 posted 03-03-2001 03:35 PM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

I think it's interesting, Becky - that first link you found has this at the bottom of the page:

EDOTS-Attic.com« Copyrightę 2000.
All Rights Reserved. * No Mirror Sites Allowed *


It seems they want to protect their rights, even as they are abusing yours.

I couldn't find a email address on the second link either, but I did find her son's web site at http://deermaster8.homestead.com/MyHome.html - I suggest you go there and post a note in his Guest Book. She also has a five-year-old daughter with a site at http://breeleigh.homestead.com/Home.html and there's a guest book there, too (and one would assume Mother is managing the site).

Your first example is a bit irritating, since they effectively tried to put a copyright on your work. The second, I think, is an example of a very nice person just not realizing she's made a mistake.
WhtDove
Member Rara Avis
since 07-22-99
Posts 9561
Illinois


15 posted 03-03-2001 03:45 PM       View Profile for WhtDove   Email WhtDove   Edit/Delete Message      Find Poems   Click to visit WhtDove's Home Page   View IP for WhtDove

Thank you Ron!

Amazing isn't it? I would have never thought of searching my name. I'm blown away by what's coming up.
Nan
Administrator
Member Seraphic
since 05-20-99
Posts 24426
Cape Cod Massachusetts USA


16 posted 03-03-2001 03:46 PM       View Profile for Nan   Email Nan   Edit/Delete Message      Find Poems   Click to visit Nan's Home Page   View IP for Nan

It's astounding to me how widespread this is becoming - Perhaps I'm protective of the Passionate fold here, but one of these sites didn't even bother to be very original about their name.... This doesn't please me... and Ali - I don't see it as sensationalist at all...
WhtDove
Member Rara Avis
since 07-22-99
Posts 9561
Illinois


17 posted 03-03-2001 03:54 PM       View Profile for WhtDove   Email WhtDove   Edit/Delete Message      Find Poems   Click to visit WhtDove's Home Page   View IP for WhtDove

Ron, actually that first link there is linked to netpoets.com, but the page isn't found. Everything is underlined on the page.
So it's hard to tell their actually links.

Still though......grrr.
Ron
Administrator
Member Rara Avis
since 05-19-99
Posts 9708
Michigan, US


18 posted 03-03-2001 03:57 PM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

Ali, I have to admit, I didn't realize that wording could be construed to suggest contacting the author was optional. But you're right. That's exactly what it says. I'll be changing it as soon as possible and certainly by the next update.

I have to admit, I'm a lot less concerned with individuals posting my poetry on their personal web site than I am with companies using it to further their own agenda (like the first two links Sharon posted). If they have a free web host and their site is strictly personal, I will probably lodge no complaint at all. I'm pleased they enjoyed my words enough to want to reference them frequently. But those who have their domain and, seemingly a company name as well, should know better. If my sister borrows my car without asking, I'm not going to be happy. But I won't immediately call the police, and will assume there was a reason for her uncharacteristic actions. If someone down the street takes it to deliver newspapers, however, I'm going to make very sure it doesn't happen twice. Logically, I know there's not difference between the actions, regardless of who does them. Emotionally, there's a huge difference.

My point is, those words you quoted really haven't changed in over two years. They are almost word for word what was posted when I first uploaded a handful of my own poems. At the time, I suspect I envisioned a bit of a different destination than the one netpoets.com has since found. I guess this is a wake-up call for me and, in retrospect, I see I should have done much more to protect our authors. It's time, I think, to educate those who are visiting Passions.
Kit McCallum
Administrator
Member Laureate
since 04-30-2000
Posts 16920
Ontario, Canada


19 posted 03-03-2001 04:01 PM       View Profile for Kit McCallum   Email Kit McCallum   Edit/Delete Message      Find Poems  View IP for Kit McCallum

Thanks for bringing it to our attention Ali. I used to stay on top of this, but hadn't done a search in months. It was pretty interesting. I've given permission to only one or 2 "personal" sites and I have copies of me giving my permission to them so I could validate later if I ran across "me" somewhere, LOL.

I do not believe I've been approached by any of these though. One or two were through a message board, some look like just personal home/family pages, but there's some that appear to be greeting cards - those I'm a little more concerned with.
http://www.fantasykingdom.org/wwwboard/messages/84.html http://www.tolove.com/poems1/lifepoems1.php3?messageID=16 http://homepages.go.com/~muffie019/special/friendship.html http://kolbeh.net/mum.html http://members.theglobe.com/senaf/theroad.html http://artsweb.uwaterloo.ca/~mpjlim/family.html http://tassiedevil.tripod.com/afriend2.htm http://www.101funpages.com/html/friendship_mere_words.html http://www.ionet.net/~cheung_osu/html/poem_friend.html http://www.k-b-e.subnet.dk/106648.htm http://groups.yahoo.com/group/inspirations4parents/messages/123 http://www.netpoetry.com/show.cfm?filename=1216991.html http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=114.topic

Thanks again.
Kit McCallum
Administrator
Member Laureate
since 04-30-2000
Posts 16920
Ontario, Canada


20 posted 03-03-2001 04:10 PM       View Profile for Kit McCallum   Email Kit McCallum   Edit/Delete Message      Find Poems  View IP for Kit McCallum

Member 5402 in Steelworks has posted 3 of my poems here. And at a quick glance I saw a Prometheus too ... is this Prometheus from Passions? You may want to have a look here ... what type of board is this one?
http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=112.topic http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=114.topic http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=153.topic

Prometheus ... is this "you"? http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=154.topic
Nan
Administrator
Member Seraphic
since 05-20-99
Posts 24426
Cape Cod Massachusetts USA


21 posted 03-03-2001 04:13 PM       View Profile for Nan   Email Nan   Edit/Delete Message      Find Poems   Click to visit Nan's Home Page   View IP for Nan

I do searches on myself relatively frequently - So I thought I'd perhaps escape this one... NOT!!!
http://home.thirdage.com/friendship/irishgrrl/solitude.html
This site does link back to Passions... and interestingly enough, they give the designer of a photo with a lake applet as "posted with permission"... I, however, was never consulted...
Harumph


[This message has been edited by Nan (edited 03-03-2001).]
Severn
Member Rara Avis
since 07-17-99
Posts 8273


22 posted 03-03-2001 04:26 PM       View Profile for Severn   Edit/Delete Message      Find Poems  View IP for Severn

Kit - this is indeed Jamie's (Prometheus)...he says thanks for pointing it out...

(he's too lazy to come here himself heh)

K
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


23 posted 03-03-2001 04:52 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

In just perusing the Steelville forum I found a poem by Balladeer..though his name was listed on the post but now POSTED by him unless his 5042....
http://pub11.ezboard.com/fsteelvillethepark.showMessage?topicID=176.topic



[This message has been edited by Poet deVine (edited 03-03-2001).]
Poet deVine
Administrator
Member Empyrean
since 05-26-99
Posts 25869
Hurricane Alley


24 posted 03-03-2001 04:57 PM       View Profile for Poet deVine   Email Poet deVine   Edit/Delete Message      Find Poems  View IP for Poet deVine

Here is a quote from the terms of agreement for Steelville:

This Agreement (the "Agreement") governs your access and use of ezboard facilities, bulletin boards and service (the "Service").  In consideration for your right to access and use the Service, you and ezboard agree as follows:

1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 18 below.

2. THE EZBOARD  SERVICE
The ezboard Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that ezboard assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, 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.

3. REGISTRATION
To take advantage of the Service's full capabilities users must register with ezboard.  You may register as a Global User at http://www.ezboard.com/createglobal.html.   You may register as a Local User by clicking on the Register Your Free Account link on any ezboard, then clicking on the Create a Local Account link.      If you choose to register, you agree that you will supply ezboard 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 ezboard during your use of the Service is governed by ezboard's privacy policy that can be viewed at http://www.ezboard.com/company/privacy.html.    During the registration process, you will be asked to select a password for your individual account.  Your password will not work until you have validated your account by responding to the email you will receive following registration.  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.  You are encouraged to and may change your password at any time by visiting The Security Options menu of the ezboard tab of your Control Center screen.  If you learn of any unauthorized use of your account or password, you agree to notify ezboard immediately via email to abuse@ezboard.com.

4. CONTENT ACCESSIBLE ON THE SERVICE
The ezboard Service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post.  .  Please use caution and common sense when viewing ezboard communities.  You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service.  You acknowledge that ezboard is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content.  You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content.  Under no circumstances will ezboard be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.

You acknowledge that ezboard does not pre-screen Content, but agree that ezboard shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation.  Without limiting the foregoing,

You acknowledge and agree that ezboard may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ezboard, its users and the public.

5. LICENSE GRANTED TO EZBOARD
You grant ezboard the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on ezboard's sites and for the promotion and marketing of ezboard's services. However, ezboard will not resell, attempt to resell, or otherwise convey these rights to any third party.

6. 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) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking;  (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;  (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or  hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.  
   (d) impersonate any person or entity, including, but not limited to, a ezboard official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   (f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
   (g) collect or store personal data about other users;
   (h) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.  
  
If you do use the Service to commit any of the above, ezboard 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.  

7. CREATION OF BOARDS
In using the Service to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.

8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that ezboard may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given 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.  Your acknowledge that ezboard has the right to change these
general practices and limits at any time, in its sole discretion, with or without notice.

9. MODIFICATION AND TERMINATION OF SERVICE

ezboard 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 ezboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that ezboard, 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 ezboard shall not be liable to you or any third-party for any termination of your use or ability to access the Service.  Specific reasons for such limitation or termination include, but are not limited to the following:

   (a) circumventing any ezboard banner display. Subscribers to our "no-ad banner option" are exempt from this requirement.  All ezboard member boards must have a link to ezboard or its related directories.
   (b) using in the registration of your ezboard membership an email account that is not your own or that is or becomes inactive.
   (c) reproducing, distributing, republishing or retransmitting material posted by other ezboard members without the prior permission of such members.
  
ezboard reserves the right to take any action it deems necessary with respect to your ezboard or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.

10. OTHER WEB SITES AND RESOURCES

Third parties using the Service may provide links or access to other web sites and resources. Because ezboard has no control over such sites and resources, you acknowledge and agree that ezboard 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 ezboard 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.

11. 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.

12. 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.  EZBOARD 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. EZBOARD 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.
   c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU  THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY EZBOARD.
  
13. LIMITATION OF LIABILITY
  
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EZBOARD 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 EZBOARD 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.
  
14. EXCLUSIONS AND LIMITATIONS
  
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
  
15. INDEMNITY
  
You agree to indemnify and hold ezboard, 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.
  
16. NOTICES

Notices to you may be made via either email or regular mail.  ezboard 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.

17. LEGAL DISPUTES

This Agreement and your relationship with ezboard shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ezboard agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo California, USA 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.

18. MODIFICATION

We may amend this Agreement at any time by posting the amended terms on our site at http://www.ezboard.com/company/terms.html.   All amendments shall automatically be effective 30 days after they are initially posted 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 ezboard.  This agreement was last modified on  __________.  [Alternatively, you can modify the agreement by presenting users with a pop-up window in the same way you will present this agreement.  This would be preferable, but obviously more intrusive]

19. GENERAL

This Agreement constitutes the entire agreement between you and ezboard with respect to the Service and supersedes all prior agreements and understandings between you and ezboard. ezboard'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.  Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement.

If you are a California resident, you may have a copy of this Agreement emailed to you by sending a letter to ezboard, Inc., 443 Tehama Street, San Francisco, CA  94103 Attn: Trevor Williamson with your email address and a request for the Agreement.

20. OFFICIAL LANGUAGE - ENGLISH


This AGREEMENT AND THE EZBOARD site is developed in English and MAY BE
translated into other languages.  TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only.  For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE EZBOARD SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. ezboard, Inc. is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.


[This message has been edited by Poet deVine (edited 03-03-2001).]
 
 Post A Reply Post New Topic   Go to the Next Oldest/Previous Topic Return to Topic Page Go to the Next Newest Topic 
All times are ET (US) Top
  User Options
>> Discussion >> pipTalk Lounge >> Purloined Poetry Search   [ Page: 1  2  3  4  5  6  7  ] Format for Better Printing EMail to a Friend Not Available
Print Send ECard

 

pipTalk Home Page | Main Poetry Forums

How to Join | Member's Area / Help | Private Library | Search | Contact Us | Today's Topics | Login
Discussion | Tech Talk | Archives | Sanctuary



© Passions in Poetry and netpoets.com 1998-2013
All Poetry and Prose is copyrighted by the individual authors