AwkwardTurtle.me Terms of Use

Kungfuters LLC ("Kungfuters"), the owning company of AwkwardTurtle.me, outlines several rules and regulations regarding the use of its services. Such rules and regulations as pertaining to AwkwardTurtle.me are posted here at http://awkwardturtle.me/terms. For the purposes of these Terms of Use the terms "AwkwardTurtle.me" and "Kungfuters LLC" will be interchangeable.

The AwkwardTurtle.me website is open to the public. You are solely responsible for your usage of the AwkwardTurtle.me website and any statement you make on the website may be deemed a "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Use of all AwkwardTurtle.me services is at your own risk. AwkwardTurtle.me specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall AwkwardTurtle.me be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify AwkwardTurtle.me against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of AwkwardTurtle.me.

AwkwardTurtle.me reserves the right to refuse service to anyone at any time. In no event shall AwkwardTurtle.me be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages which result from this termination of services.

User understands and agrees that the City of Memphis, Tennessee and the County of Shelby, Tennessee in which AwkwardTurtle.me is located shall be the exclusive forum for any legal action relating to AwkwardTurtle.me's services, and the User expressly consents to the personal jurisdiction of such court. The aforementioned terms and general information are not all inclusive and are subject to change at the sole discretion of AwkwardTurtle.me.

System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. AwkwardTurtle.me will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks, and forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Violators of the policy are responsible for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by AwkwardTurtle.me.

Password Protection

User is responsible for protecting User's password, including passwords of any connected social website accounts, and for any authorized or unauthorized use made of User's password. User will not use or permit anyone to use AwkwardTurtle.me's service to guess passwords or to access other systems or networks without authorization. AwkwardTurtle.me will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Copyright

All content submitted by the User will become property of AwkwardTurtle.me. You are granting full exclusive copyright of all submitted materials to AwkwardTurtle.me. Furthermore, the AwkwardTurtle.me website may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. AwkwardTurtle.me will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Website Responsibility

Users have a responsibility to use the AwkwardTurtle.me website responsibly. This includes respecting the other Users of AwkwardTurtle.me. AwkwardTurtle.me reserves the right to suspend and or cancel service with any User who uses the AwkwardTurtle.me website in such a way that adversely affects other AwkwardTurtle.me Users. This includes but is not limited to: Attacking or attempting to gain unauthorized access to the site and services that belong to AwkwardTurtle.me or its Users (i.e. computer hacking.) If the event becomes a recurring nuisance, sporadically or regularly interrupting service to other Users, the account of the User in violation may be suspended or terminated. AwkwardTurtle.me will react strongly to any use or attempted use of an Internet account without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning etc. Any unauthorized use of accounts by a AwkwardTurtle.me User, whether or not the attacked account belongs to a AwkwardTurtle.me User, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a site, or User, of AwkwardTurtle.me is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. AwkwardTurtle.me will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute. The User agrees to indemnify and hold AwkwardTurtle.me harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Commercial advertisements (Spam)

AwkwardTurtle.me takes a zero tolerance approach to the posting of unsolicited advertisements or Spam on our site. Very simply this means that Users of AwkwardTurtle.me may not use or permit others to use our website to transact in Spam. Violations of this policy carry severe penalties, including termination of service. Users of AwkwardTurtle.me are strictly prohibited from using or permitting others to use Spam on AwkwardTurtle.me. Violation of AwkwardTurtle.me's Spam policy will result in severe penalties. Upon notification of an alleged violation of our Spam policy, AwkwardTurtle.me will initiate an immediate investigation (within 48 hours of notification). During the investigation, AwkwardTurtle.me may restrict User access to the site to prevent further violations. If User is found to be in violation of our Spam policy, AwkwardTurtle.me may, at its sole discretion, restrict, suspend or terminate User's account. Further, AwkwardTurtle.me reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AwkwardTurtle.me will notify law enforcement officials if the violation is believed to be a criminal offense. Violation of AwkwardTurtle.me's Spam policy may be reported to abuse@awkwardturtle.me.

Suspension

AwkwardTurtle.me reserves the right to suspend site access to any User if in the judgment of the AwkwardTurtle.me's website administrators the User's actions are the source of the violation of any of the other terms of the Policy or for any other reason which AwkwardTurtle.me chooses. If inappropriate activity is detected, the account of the User in question will be deactivated until an investigation is complete. Prior notification to the User is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

Cancellation

AwkwardTurtle.me reserves the right to cancel service at any time. If inappropriate activity is detected, the account of the User in question will be deactivated until an investigation is complete. Prior notification to the User is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

Indemnification

USER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KUNGFUTERS LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST KUNGFUTERS LLC, ITS AGENTS, ITS USERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY ACTION PERFORMED BY USER, ITS AGENTS, EMPLOYEES OR ASSIGNS. USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS KUNGFUTERS LLC AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH THE AWKWARDTURTLE.ME WEBSITE; (2) ANY MATERIAL SUPPLIED BY USER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY OR OTHERWISE VIOLATING ANY APPLICABLE LAW; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS AWARDED TO USER FROM AWKWARDTURTLE.ME.

Disclaimer

AwkwardTurtle.me will not be responsible for any damages your business may suffer. AwkwardTurtle.me makes no warranties of any kind, expressed or implied for services we provide. AwkwardTurtle.me disclaims any warranty or merchantability or fitness for a particular purpose. The services provided by AwkwardTurtle.me are provided AS-IS and without any warranty expressed or implied. AwkwardTurtle.me reserves the right to revise its policies at any time.

All Users of AwkwardTurtle.me must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

This policy was last modified on January 16, 2010.