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Morpheus® Forum™ Terms of Use
This policy was last updated on November 28, 2006. (Only change since June 17, 2005 was to update the mailing address.)
Acceptance of Terms of Use
By visiting the Morpheus Forum website (www.morpheusforum.com) you are agreeing
to the terms set forth in these Terms of Use and the Morpheus Forum Privacy
Policy. The Terms of Use and the Morpheus Forum Privacy Policy regulates your
conduct any time you interact with Morpheus Forum, including the Morpheus Forum
website and the Morpheus Forum discussion forums. Neither these Terms of Use
or the Privacy Policy apply to your use of Morpheus for P2P file searching or
sharing, or any other use, product or services, unless otherwise specified and
do not in whole or in part constitute an End User License Agreement for use
of the Morpheus software application for P2P, web search, or any other use.
Rights you Grant to Morpheus Forum
You hereby grant Morpheus Forum a non-exclusive worldwide license to reproduce
and distribute any and all content you post in a Morpheus Forum discussion forum
for purposes of the operation of Morpheus Forum.
Forum Rules
1. Remember this is a public forum. Do not disclose any person or entity's personal
and/or confidential information. Beware of predators, scam artists, phishers,
etc. Do not provide personal information, such as, real full name, address,
phone number, bank and financial information, social security number, etc.
2. You may not select a User Name that has already been selected by another
user or is (or Morpheus Forum reasonably believes is) offensive, contains foul
language, attacks, harasses or offends another individual or an individual's
belief or faith system or non-traditional lifestyle, is defamatory, is obscene
or pornographic, contains any form of advertising, targets or is directed at
minors or violates the rights of any person or entity (including but not limited
to any patent, trademark, copyright, license or other proprietary right, or
right of publicity or privacy ). Remember your User Name will be made public.
Morpheus Forum encourages you to select a User Name that does not include any
personally identifiable information. Morpheus Forum reserves the right to deny
and/or delete your choice of User Name.
3. You may only have one User Name per e-mail address.
4. You may create a signature to be included at the end of your post ("Signature").
You may not select a Signature that that is (or Morpheus Forum reasonably believes
is) offensive, contains foul language, attacks, harasses or offends another
individual or an individual's belief or faith system or non-traditional lifestyle,
is defamatory, is obscene or pornographic or includes any sexual images, contains
any form of advertising, targets or is directed at minors, discusses techniques
to violate the law or promote illegal conduct, installs an executable file (viruses,
spyware, adware, parasite-ware, Trojan, back-door, hook, or like features that
would generally be considered to be contaminating or destructive to the computers
of users) or violates the rights of any person or entity (including but not
limited to any patent, trademark, copyright, license or other proprietary right,
or right of publicity or privacy). Remember your signature will be made public.
Morpheus Forum encourages you to select a Signature that does not include any
personally identifiable information.
5. You may not post any material (whether written or visual) or send an e-mail
or private message to a Morpheus Forum user or employee that is (or Morpheus
Forum reasonably believes is) false, offensive, contains foul language, attacks,
harasses or offends another individual or an individual's belief or faith system
or non-traditional lifestyle, is defamatory, is obscene, pornographic or include
any sexual images, contains any form of advertising, targets or is directed
at minors, discusses techniques to violate the law or promote illegal conduct,
installs an executable file (viruses, spyware, adware, parasite-ware, Trojan,
back-door, hook, or like features that would generally be considered to be contaminating
or destructive to the computers of users) or violates the rights of any person
or entity (including but not limited to any patent, trademark, copyright, license
or other proprietary right, or right of publicity or privacy).
6. You may include links in your post, however, your post or e-mail or private
message to a Morpheus Forum user or employee may not link to other P2P applications
or P2P websites or websites that are (or Morpheus Forum reasonably believes
are) offensive, contains foul language, attacks, harasses or offends another
individual or an individual's belief or faith system or non-traditional lifestyle,
is defamatory, is obscene, pornographic or include any sexual images, contains
any form of advertising, targets or is directed at minors, discusses techniques
to violate the law or promote illegal conduct, installs an executable file (viruses,
spyware, adware, parasite-ware, Trojan, back-door, hook, or like features that
would generally be considered to be contaminating or destructive to the computers
of users) or violates the rights of any person or entity (including but not
limited to any patent, trademark, copyright, license or other proprietary right,
or right of publicity or privacy.)
7. You may not upload and transmit any files using Morpheus Forums.
8. Morpheus Forum takes copyright infringement seriously. You may not violate
(or Morpheus Forum reasonably believes violates) any person or entity's copyright,
discuss how to violate or infringe any person or entity's copyright and/or link
to a website that discusses how to or does violate or infringe a person or entity's
copyright. Repeat violations will not be tolerated. If Morpheus Forum becomes
aware of even one single repeat violation, your account will be terminated.
9. Stay on topic. Your posting must be of the topic designated by the forum.
10. You may not spam Morpheus Forum users or submit the same post multiple times.
11. You may not impersonate any individual, including Morpheus Forum moderators
and Morpheus Forum users. If you are concerned that another user has a User
Name that is too similar to your User Name or another user is impersonating
you and, thus, causing confusion within the Morpheus Forum discussion forums,
please feel free to address this issue in the Morpheus Forum Help/Feedback Forum,
however, do not post personal information.
12. You may not modify, reproduce, decompile, reverse engineer, translate, sell,
license, lease or otherwise transfer, or distribute any content on the Morpheus
Forum website.
13. You may not circumvent any of the services provided by Morpheus Forum.
14. You may not visit the Morpheus Forum website or use Morpheus Forum if you
are under the age of 13.
15. You are responsible for complying with all State and Federal laws. If you
reside outside the United States, you must comply with the laws of your country
and all United States Local and Federal laws, including but not limited to laws
regarding the transmission of data.
16. You will not be able to edit or delete your post after it has been submitted
to a Morpheus Forum discussion forum. If you would like to have your post removed
after you have submitted it to a Morpheus Forum discussion forum please feel
free to address this issue in the Morpheus Forum Help/Feedback Forum (however,
do not post personal information) and if Morpheus Forum becomes aware of that
post Morpheus Forum will undertake efforts in its sole discretion to comply
with your request.
17. For performance purposes, Morpheus Forum may remove all posts that have
been on the Morpheus Forum discussion forum for 6 months and may remove or terminate
any user's account if that user has not posted in the last 6 months.
18. Morpheus Forum may pre-screen or monitor users' post(s); however, Morpheus
Forum is under no obligation to do so. Morpheus Forum will not edit a user's
post but may remove posts.
19. Morpheus Forum from time to time will respond to a user's post. Morpheus
Forum is under no obligation to respond. Any responses are made "as is."
20. Morpheus Forum reserves the right not to post or to delete a user's post
and/or entire thread for any reason, at any time, without notification.
21. Morpheus Forum reserves the right to deactivate your account and/or permanently
disable your ability to post on Morpheus Forum for any reason, at any time,
without notification.
User Conduct
You understand and acknowledge that all posts, private messages and e-mails
from Morpheus Forum user's are the sole responsibility of that user and Morpheus
Forum is in not responsible for ensuring that posts, private messages and e-mails
from Morpheus Forum users are accurate, true and correct and not misleading,
false, deceptive, or otherwise illegal.
You understand and acknowledge that by using Morpheus Forum you may be exposed to posts, private messages and/or e-mails that you find objectionable. Without limiting the foregoing, if you feel that a post violates these Terms of Use, please feel free to address this issue in the Morpheus Forum Help/Feedback Forum (however, do not post personal information) and if Morpheus Forum becomes aware of that post Morpheus Forum will undertake efforts in its sole discretion to comply with your request.
Privacy Policy
Please see the Morpheus Forum Privacy Policy regarding the collection and use
of your personally identifiably information. Neither these Terms of Use or the
Privacy Policy apply to your use of the Morpheus software application for P2P
file searching or sharing, or any other use, product or services, unless otherwise
specified and do not in whole or in part constitute an End User License Agreement
for use of Morpheus for P2P or web search, or anything other than Morpheus Forum.
Procedure for Notifying Morpheus Forum of Copyright Infringement
Morpheus Forum respects copyright law and expects our users to do the same.
If you are a copyright holder or a party authorized to act on behalf of the
copyright owner and you believe that a user's post infringes your work, please
let Morpheus Forum know.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act
of 1998), please include the following in a written communication to our designated
agent of service.
1. Identify the copyrighted work that you claim has been infringed, or if multiple
copyrighted works are covered by a single notification, a representative list
of such works;
2. Identify the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the Morpheus Forum
to locate the material;
3. Information reasonably sufficient to permit Morpheus Forum to contact you
(including your name, address, telephone number, and, if available, an electronic
mail address);
4. A statement that you have a good faith belief that the use of the material
in the manner complained of is not authorized by the copyright owner, the copyright
owner's agent, or the law;
5. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are the copyright owner or you are authorized to
act on behalf of the copyright owner; and
6. Your physical or electronic signature.
Please send the written communication to Morpheus Forum's following designated
agent:
Service Provider: StreamCast Networks, Inc. dba Morpheus® Forum™
Name of Designated Agent: M. Weiss
Address of Designated Agent:
20929 Ventura Blvd. PMB #47-443
Woodland Hills, California 91364-2349
Email Address of Designated Agent: 
(Please only send text based emails. Do not
send emails that include attachments or HTML. )
Representations and Warranties
Your hereby represent and warrant to Morpheus Forum that you are the exclusive
owner, licensee or rights holder of all rights and interests in the content
you post to Morpheus Forum, that the information you supply whether during registration
or otherwise is accurate and true and you will comply with all applicable laws
and regulations.
Disclaimer of Warranties
ALL SERVICES AND TECHNICAL ADVICE IS PROVIDED "AS IS". MORPHEUS FORUM
EXPRESSLY DISCLAIMS ALL WARRANTIES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR
COURSE OF PERFORMANCE. MORPHEUS FORUM EXPRESSLY DISCLAIMS ANY REPRESENTATION
OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER
ASPECT OF ANY OF OUR SITES OR SERVICES.
ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, BY OTHER USERS AND EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER MORPHEUS FORUM, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR ATTORNEYS GUARANTEE THE ACCURACY, COMPLETENESS, PURPOSEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
ANY MATERIAL THAT YOU DOWNLOAD OR OBTAIN THROUGH THE USE OF MORPHEUS FORUM WEBSITE OR DISCUSSION FORUMS IS DONE SO AT YOUR OWN RISK. MORPHEUS FORUM IS NOT RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM SUCH CONDUCT. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE COMMON SENSE AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION.
Indemnification
You agree to defend, indemnify and hold harmless Morpheus Forum and the respective
directors, officers, employees, agents, attorneys, and affiliates, from and
against any and all third party, governmental or regulatory body claims, actions,
causes of action, including any related costs, losses, damages, judgments, expenses
and the like (including reasonable attorneys' fees and costs and costs of investigation),
arising out of, relating to, or incurred as a result of: (i) any knowing or
negligent failure by you to perform your obligations under these Terms of Use
or applicable law or regulation; (ii) your breach, misrepresentation or inaccuracy
of a representation, warranty or material fact made by your, omission of fact,
or breach of a covenant; (iii) your negligent, reckless disregard, or willful
misconduct in performance of your obligations under this Terms of Use or applicable
law or regulation; and (iv) any actual or alleged violation of applicable law
or regulation in connection with your activities hereunder.
Limitations of Liability
To the maximum extent permitted by applicable law, under no circumstances and
under no legal theory, whether in contract or otherwise, shall Morpheus Forum
nor its affiliates, employees, agents, or attorneys be liable for any actual,
indirect, special, incidental, punitive or consequential damages of any character
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary loss) arising
out of the use or inability to use the Morpheus Forum website or discussion
forums, even if you have been advised of the possibility of such damages.
Governing Law
This Terms of Use will be governed by and construed in accordance with the laws
of the State of California without regard to its conflicts of laws principles.
Any disputes hereunder shall be brought and adjudicated exclusively in state
or federal court in the County of Los Angeles, California. The parties irrevocably
consent to the personal jurisdiction and venue of these courts. The prevailing
party will be entitled to recover all reasonable attorneys' fees and costs through
final adjudication.
No Waiver
The failure of Morpheus Forum to enforce any of the provisions hereof shall
not be construed to be a waiver of the right of Morpheus Forum thereafter to
enforce such provisions. No waiver shall be effective unless made in writing
and signed by an authorized representative of the waiving party as set out herein.
Severability
If any provision of this Terms of Use or its application to any person, place,
or circumstance, is held by a court of competent jurisdiction to be invalid,
unenforceable for any reason, or void, such provision shall be such enforced
to the greatest extent permitted by law and reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability
of such provision under other circumstances or of the remaining provisions hereof
under all circumstances and the remainder of this Terms of Use and such provision
as applied to other persons, places, and circumstances shall remain in full
force and effect.
Complete Agreement
This Terms of Use and the Privacy Policy constitutes the complete and exclusive
agreement between you and Morpheus Forum with respect to its subject matter
and supersedes all prior oral or written understandings, communications or agreements
not specifically incorporated herein or therein.
Changes to Terms of Use
The Terms of Use may be updated from time to time. You can review the most current
Terms of Use at www.morpheusforum.com/termsofuse.php