TERMS OF USE

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Smackfans.com or unless it is expressly permitted by this site. The material covered by this prohibition includes without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Systematic retrieval of data or any other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of Smackfans.com is prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting the webmaster and staff at the e-mail addresses listed on the Contact page of the site.

Remote loading of files and images from this Site without the permission of the webmaster is strictly prohibited.

TERMINATION

Smackfans.com reserves the right to immediately terminate your use of, or access to this Site at any time if Smackfans.com decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Smackfans.com considers to be inappropriate or unacceptable.

BULLETIN BOARDS, GUESTBOOKS AND CHAT ROOMS

Smackfans.com is not liable or responsible for any content provided by its users (User Content) to the site and its forums, which include chat rooms, message boards, guestbooks or other public areas within or in connection with this site.

Smackfans.com does not endorse and has no control over the content of messages submitted by others to forums. Messages submitted to forums are not necessarily reviewed prior to posting and do not necessarily reflect the opinions or policies of Smackfans.com. Smackfans.com makes no warranties, expressed or implied, as to the content of the messages in the forums or the accuracy and reliability of any messages and other materials in the Forums. Nonetheless, Smackfans.com reserves the right to prevent you from submitting materials to forums and to edit, restrict or remove such messages for any reason at any time.

Smackfans.com assumes no responsibility for actively monitoring the forums for inappropriate messages. If at any time Smackfans.com chooses, at its discretion, to monitor the forums, it assumes no responsibility for the content of the messages, no obligation to modify or remove any inappropriate messages, and no responsibility for the conduct of the user submitting any message.

Users can be held liable for any illegal or prohibited User Content they provide to the Site. This includes content that:

• involves the transmission of junk mail, chain letters, or unsolicited mass mailing or for the purpose of spamming
• improperly assume or claim the identity, characteristics or qualifications of another person
• are for commercial purposes, contain advertising or intended to solicit a person to buy or sell services or make donations.
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes a criminal offense, gives rise to civil liablity or otherwise violates any local, state, national or international law
• violates the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to the Forums, you represent to Smackfans.com that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner.
• contains any virus or other harmful components.
• "stalk" or otherwise harass another.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.

In submitting messages to the forums, you agree to strictly limit yourself to the subject matter for which the forums are intended. You agree that Smackfans.com accepts no liability whatsoever if it determines it to be necessary to prevent your messages from being submitted or if it edits, restricts or removes your messages. You also agree to permit any other user of this site to access, view, store or reproduce the material for that other users' personal use. If you object to any material within the forums or are not happy with the forums, your remedy is to cease using them.

COPYRIGHT POLICY

If you post any original content by electronic mail or otherwise, to the site (including articles, images, stories, software or any other copyrightable material), you must ensure that you are the intellectual property owner of that content and that the content uploaded does not infringe the copyrights nor other rights of third parties. We will be released of responsibility and liability for your wrongdoing.

If you believe that your work has been copied or pirated in a way that constitutes copyright infringement, please notify the staff at the e-mail addresses given on the Contact page of the site, so that we can investigate and address the situation.

LINKS

This site contains links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Smackfans.com and you acknowledge that Smackfans.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Smackfans.com or any association with its operators.

PRIVACY POLICY

We believe that your privacy and the privacy of all our users is important. We do not collect personal information. The only time you will receive any correspondence from us by way of e-mail is to request to be included on our mailing list. If you are under 18 you should not post information about yourself on the site without the permission of a parent or guardian.

JURISDICTION

This agreement is governed by the laws of the State of Iowa, U.S.A, without regard to conflict of law provisions. The federal and state courts located in Iowa alone have jurisdiction over all disputes arising out of or related to this Agreement and this Site. You hereby agree that any cause of action you may have with respect to Smackfans.com must be filed in a federal or state court located in Des Moines, Iowa, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. The failure of Smackfans.com to exercise or enforce any right or provsion of the terms of service shall not constitute a waiver of that right or provision.

OTHER TERMS

While Smackfans.com does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.