F.A.Q: Absolutepunk.net Policies, Rules, and Guidelines
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Website Rules and Guidelines
There will be no discussion of illegal activities.
Discussion of illegal activities and messages exhorting others to commit illegal acts: Murder, extortion, and any other felony are expressly forbidden. DoS attacks, hacking, flooding, and all other related computer crimes will be dealt with immediately and in fullest cooperation with local and federal law enforcement. Also included in this is harassment -- for example, encouraging people to call someone on the phone, flood a website/mailbox, etc.
Posting copyrighted software, videos, music, etc., is forbidden (please see the forum policy at the bottom of this post for more information).
Personal information will not be posted.
Messages containing other's private information (ie. phone numbers, street addresses, credit card numbers, etc.), are not allowed in our forums.
Extreme harassment will not be tolerated.
Unfortunately, disagreements can (and will) happen - but there is no need for them to become personal. Website accounts come with an "ignore" feature. If posts from a particular user are intolerable, they may be added to your personal ignore list (click on the member's name and then click ignore). Personal attacks made by anyone; including name calling, threats, and any other form of directed attacks against other users, may result in suspension of posting. We understand the need to disagree, and we hope that everyone can do so in an intelligent and polite manner. Responding to someone with, "fuck you" or "the music you listen to sucks" simply degrades the quality of our community and the scene in general. Trust me, your argument will be more well taken by others if you show a little class.
Staff members must be respected.
Not everything staff members (who can be detected by their red usernames) do is right. However, it is important that every member of our staff be treated with respect. If you have an annoyance with a particular staff member - please discuss this with them over AIM or PM. Attacking a staff member cannot be tolerated. Public abuse is simply uncalled for and we hope that all our staff handle themselves in a professional manner. Staff members have been instructed to treat all of the members with the same respect they wish to be treated - if you ever feel harassed by a particular staff member, please contact an administrator.
Repeated posts will be deleted.
Repeatedly reposting something that was deleted or complaining about why it was deleted is not recommended. We remove posts for a reason. Most of the time, our removal of a post is a warning to you that we don't want it on our website. If you continue to post similar comments, you may be banned without warning. Also note that posting something on behalf of someone else that was banned is not tolerated. They were banned for a reason, and it's best for you to let it go.
Creation of new accounts once banned to continue spamming the forum is forbidden.
If your account has been banned - it's because we no longer want you speaking the way you have been in our forums. Stop. If you truly have learned your lesson after a banning, please see below for ways to get your user name unbanned.
Asking why a certain user was banned is to be done via PM, email, or AIM.
Threads and posts should not be created to discuss actions taken by staff or the webmaster. If you have a question about our policies or actions - please contact us privately. Ignoring this request may be grounds for banishment.
Hacking, attempting to hack, evading, etc., is not allowed.
Attempting to hack, flood, DoS, or otherwise compromise AP system security, or the security of any site mentioned/linked via AP is against the law. Logfiles will be sent to the appropriate ISPs and law enforcement immediately. Furthermore, stealing or guessing other people's passwords, giving or loaning your password to another user, or otherwise using or sharing accounts that aren't yours is forbidden.
Obviously there are some gray areas here and there (and different moderators/staff may have slightly different interpretations of our rules). Remember, staff-members are unpaid volunteers with other day jobs, and sometimes we don't get to things as quickly as we should. This doesn't mean that if something that isn't acceptable stays up it is suddenly acceptable. Last, if you feel you have been banned or treated unjustly - please email the webmaster of this site with a detailed explanation as to why you feel your username should be un-banned (or merged). There is a possibility that you were only banned for a short period, in which case waiting it out is your best course of action. We don't go out of our way to piss people off and deny user access to this website - we just want the community to be a positive one.
Posting of Videos, MP3s, etc., Policy
What is okay?
Posting of videos from youtube, or links to other free streaming websites. The content is not stored nor served from AP.net. Posting of b-sides in the official b-side thread. If a band or label contacts us and wants the song removed, we will do so and notify the thread. At this point, further uploading of that particular file will result in stern action.
Discussion of leaked albums. We cannot stop you from talking about your thoughts on a leaked album. We just hope you realize the album is in fact, stolen. We cannot stop you from telling others where you got the album. However, we can, and will stop you from posting any part of the leaked album anywhere on our forums.
Posting free material. If a band is giving away their music via a free promotion - feel free to spread it.
Posting of mix-tapes in the official mix-tape forum. The content cannot be stored on AP.net (there are plenty of free places to upload it) and if a song is included on your mix-tape that a band or label wishes to have removed, we will do so without warning.
What is not okay?
Posting links to full album downloads. We know that it's not hosted on AP; however, if we become known as a forum that is a cesspool for piracy - we will have legal action taken against us. We simply cannot allow it.
Asking someone, or hinting to someone, to send you a leaked album. This is just disrespectful. There is nothing inherently wrong with it, we just don't want our community to be that kind of place. We have a lot of bands members that read our forums - and for them to see people begging for others to send them their stolen album ... seems wrong.
What you should know:
We can and will remove any post or thread at our own discretion.
We do not monitor the private messaging system on the website.
If you're not sure if you should be posting something in the forums: don't do it.
All of the liability of your posts - lies with you. You are not just an anonymous user ... if need be, you can be tracked via your unique IP address.
Be respectful to the artists you love and listen to. We do not condone file sharing. We do not condone the spreading of illegal material without purchase. Please buy the albums you love.
Those interested on this topic should check out: futureofmusicbook.com
I see my copyrighted material on AP, what should I do?
Obviously moderators can not watch every post in every forum. We do our best, but are only human. If you are the copyright owner or represent the copyright owner (label, manager, etc.) please click the tiny icon in the upper left hand portion of the post. It looks like a tiny piece of paper. Using this form you can report the post to us and have us remove the offending content. We will work with you to make sure all copyrighted materials stay off our forums.
Racism, intolerant, and hate filled members are not welcome on this forum. If you're going to showcase posts that are racist, homophobic, etc., you will be banned.
+5,000 Reply Thread Policy
Once a thread hits 5,000 replies - it is retired to "The Abyss." The Abyss cannot be viewed by members, nor will new posts be allowed in the thread. Our goal is to keep the website running smoothly and quickly. Once a thread hits 5,000 replies the strain it puts on the server just to view it becomes problematic. Once a thread has been retired, feel free to create a new one using the same title.
Prestigious Member Policy
Once you have been a member for 365 days and have reached 10,000 posts or you have been a member for 730 days and reached 1,000 posts - you are granted "prestigious" status. This means your username will become bold, you will be allowed to upload a larger avatar, and you will be granted access to the member's only forum. Being a prestigious member does not mean you're immune from moderation or our policies.
Members Only Forum Policy
The member's only forum is accessible only to prestigious members. It is loosely moderated, but rules still apply. We hope for that forum to be the place where long-time members can hang out to avoid the general hassle of the regular forums.
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that needs to be present in these notices. The form of this notice is consistent with the form suggested by the United States Digital Millennium Copyright Act. Please note that we may document notices of alleged infringement on which we act and as with all legal notices, a copy of the notice may also be sent to one or more third parties who may make it available to the public.
AbsolutePunk.net may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. It's important to note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
Please follow the format (including section numbers) outlined below:
Please identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
This step is extremely important, you must identify the material that you claim is infringing the copyrighted work outlined in section #1.
You MUST identify and include each URL that allegedly contains infringing material.
If you are sending a large number of URLs in one removal request, please do so by including them on seperate lines of your request.
Information on how we can contact you (email address, telephone number, and address).
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign (digital signatures are acceptable) the request.
Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation.
If you are seeking permission to use our trademarks, logos, service marks, trade dress, slogans, screen shots, designs, or other brand features, please contact email@example.com.
Terms of Service Agreement
Terms of Service:
1. ACCEPTANCE OF TERMS
Absolute Punk provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time right here. In addition, when using particular AP services, you and AP shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
AP currently provides users with access to a rich collection of resources, including (but not limited to), album reviews, forums, show reviews, multimedia content and other like services through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for AP to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new AP properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that AP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that AP has created certain areas on the Service that contain adult or mature content (designated with the tag: NSFW). You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AP has the right to suspend or terminate your access and refuse any and all current or future use of the Service (or any portion thereof). AP is concerned about the safety and privacy of all its users, particularly children.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AP does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a AP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses 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; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users.
You acknowledge that AP does not pre-screen Content, but that AP and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, AP and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AP or submitted to AP, including without limitation information in Message Boards, Clubs, and in all other parts of the Service. You acknowledge and agree that AP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AP, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE AP does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AP the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of AP, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific AP service which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or AP removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or AP removes such Content from the Service.
You agree to indemnify and hold AP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
AP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that AP, in its sole discretion, may terminate your access or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if AP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. AP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that AP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AP shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AP has no control over such sites and resources, you acknowledge and agree that AP is not responsible for the availability of such external 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 AP 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.
16. AP'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. AP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AP for use in accessing the Service.
17. 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. AP 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. AP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 FROM AP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT AP 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 AP 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.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
AbsolutePunk, the AP logo, Music Mends Broken Hearts, trademarks and service marks, and other AP logos and product and service names are trademarks of AbsolutePunk, LLC. Without AP's prior permission, you agree not to display or use in any manner, the forementioned.
23. COPYRIGHTS and COPYRIGHT AGENTS
AP respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide firstname.lastname@example.org the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
AP's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: email@example.com
Copyright infringement information must be submited following the above guidelines as outlined by the DMCA.
24. GENERAL INFORMATION
O The TOS constitute the entire agreement between you and AP and govern your use of the Service, superceding any prior agreements between you and AP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and AP shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and AP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washington County, Oregon. The failure of AP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
AbsolutePunk is a licensee of the TRUSTe Privacy Program.
TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This privacy statement covers the site absolutepunk.net. Because this Web site wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
1. What personally identifiable information AbsolutePunk collects.
2. What personally identifiable information third parties collect through the Web site.
3. What organization collects the information.
4. How AbsolutePunk uses the information.
5. With whom AbsolutePunk may share user information.
6. What choices are available to users regarding collection, use and distribution of the information.
7. What types of security procedures are in place to protect the loss, misuse or alteration of information under AbsolutePunk's control.
8. How users can correct any inaccuracies in the information.
Information Collection and Use Information Collection
AbsolutePunk is the sole owner of the information collected on AbsolutePunk.net. AbsolutePunk collects only information submited by the user via contests, forums, merchandise, banner-ads, mailing lists, etc. However at no point is does this information leave the AbsolutePunk database unless expressly noted.
Third Party Advertising
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use.
Clear Gifs (Web Beacons/Web Bugs)
Some of our third party advertising company employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to users’ personally identifiable information.
Communications from the Site Newsletter
A user subscribes to our newsletter by registering for our website with a valid email address, we ask for contact information such as name and email address for this list if you choose to be a part of it (you can unsubscribe at anytime). Subscribers may receive news about other services or products from third-parties as well. Out of respect for our users privacy we provide a way to opt-out of these communications via the user control panel.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email, in accordance with the users wishes.
Sharing Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
This Web site contains links to other sites. Please be aware that we, Absolute Punk, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys [& Contests]
Our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice.
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.
Supplementation of Information
In order for this Web site to properly fulfill its obligation to users it is necessary for us to supplement the information we receive with information from 3rd party sources.
If you would like to reproduce and/or use part of or all of this text in a printed document for educational, non-profit purposes you are welcome to do so, all I ask is that credit be given to me on the same document this information is reproduced, and that none of this text be modified or altered (if you would like to add your own comments feel free to do so by including them in parenthesis and establishing that the comments are not my own.) I do not give permission for any contents herein to be reproduced in whole or in part on another web page or web site (whatever the nature or purpose) or to be reproduced in whole or in part in any publication or collection of widespread circulation, whether offline or online, for whatever purpose. Translations of this page into other languages are not authorized.
Logging and Cookie Information
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