The BeatGear Cavern

Beatgear Cavern Member Agreement (rev. Mar. 30, 2011)

PLEASE READ CAREFULLY: In consideration of new and/or continued Beatgear Cavern membership and use of this website, all BGC Members agree to observe and be bound by the following rules, terms and conditions:

A. Definitions.

1. Beatgear Cavern or BGC. The Beatgear Cavern website and the associated pages within its domain accessed from http://www.beatgearcavern.com.

2. Member. Any registered Member of the Beatgear Cavern website, whether the account of such Member is active or inactive.

B. General rules, terms and conditions.

1. All BGC Members assume sole responsibility for the content of their messages posted to the site. No Member shall distribute or otherwise publish to the BGC or to its Members any material that is: libelous; defamatory; obscene; pornographic; abusive; violative of any third party's right to privacy; violative of any copyright, trademark, patent or other intellectual property right of any third party; violative of any applicable local, state, national or international law; or otherwise inappropriate. All Members shall remove such offending material from the BGC immediately upon their discovery of the same and/or notification by the site Administrator. In furtherance thereof, each Member shall maintain a valid email address in his or her account profile, with the understanding that any non-compliant account may be suspended without notice at the discretion of the site Administrator.

2. Like any community, the Beatgear Cavern will flourish only if its Members feel welcome and safe. All Members are expected to be reasonably courteous and respectful of one another and the membership at large. No Member shall threaten or verbally abuse other BGC Members, use defamatory, abusive or hateful language, or deliberately disrupt discussions with repetitive or meaningless messages.

3. In a community of varying opinions and preferences, people will always disagree on various points. While spirited and reasoned debate is strongly encouraged, personal attacks on other Members are not permitted and may constitute grounds for suspension or termination of BGC membership without notice.

4. No Member shall post, distribute or otherwise publish to the BGC or to its Members material containing any solicitation of funds, advertisement, or solicitation for goods or services, without the prior written approval of the site Administrator.

5. In consideration of new or continued BGC membership, each Member of the Beatgear Cavern agrees to indemnify and hold harmless any and all Owner(s), Operator(s) and/or Administrator(s) of the Beatgear Cavern from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content posted by such Member.

6. In consideration of new or continued BGC membership, each Member duly and irrevocably acknowledges, for himself or herself, and for his or her heirs, agents, successors and assigns (including any corporation or other business entity on whose behalf the Member is authorized to act):

(a) that the Owner(s), Operator(s) and/or Administrator(s) of the Beatgear Cavern do not and cannot review all material published to the BGC by individual Members;

(b) that all material published to the BGC represents the work of its individual author/Member and does not necessarily reflect the views or opinions of the Owner(s), Operator(s) and/or Administrator(s) of the Beatgear Cavern; and

(c) that the Owner(s), Operator(s) and/or Administrator(s) of the Beatgear Cavern are not and shall not be held responsible or liable for the content of any material published to the site by its individual Members in any manner or in any jurisdiction whatsoever; and that each Member does, for himself, his heirs, agents, successors and assigns (including any corporation or other business entity on whose behalf the Member is authorized to act), now and forever release the Owner(s), Operator(s) and/or Administrator(s) of the Beatgear Cavern from any and all past, present and future claims or liability which may arise out of the publication of such content.

7. Nevertheless, the Owner(s), Operator(s) and/or Administrator(s) of the BGC reserve the right to delete, move, or edit Member-submitted content that they, in their sole discretion, deem to be in violation of the letter or spirit of these rules, terms and conditions; and the Owner(s), Operator(s) and/or Administrator(s) of the BGC further reserve the right to terminate or suspend any Member's account at their sole discretion and without notice.

8. All BGC Members acknowledge and agree that any content submitted to the Beatgear Cavern forums may be edited, removed, modified, published, transmitted, and displayed by the Owner(s); Operator(s) and/or Administrator(s) of the Beatgear Cavern, and consent to the use of such content by the Owner(s); Operator(s) and/or Administrator(s) of the Beatgear Cavern for related online and offline promotional purposes.

9. No BGC Member may maintain multiple accounts, identities, nicknames or "handles" on the site, unless expressly approved by the site Administrator. New Members will be required to provide their real name and address to the site Administrator at the time they register. Any Member who knowingly submits false information in connection with an application for BGC membership will be denied membership, or if such person is already an active Member when the false information is discovered, then such person's account may be suspended without notice, at the discretion of the site Administrator.

9-A. Privacy Policy. The information collected pursuant to paragraph "9" hereof shall be used by the Site Adminstrator for account verification purposes only. Such information will be kept confidential, and shall not be released to third parties without the consent of the involved Member; however, we reserve the right to disclose any personally identifiable information and/or non-personally identifiable information about any Member without his or her prior consent if the Site Administrator has a good faith belief that such disclosure is reasonably necessary to (1) satisfy any applicable law, regulation, legal process or enforceable government request, including subpoenas from private parties in a civil action; (2) detect, prevent or otherwise address fraud, security or technical issues; (3) enforce the provisions of this Member Agreement; or (4) protect against imminent harm to the rights, property or safety of the Beatgear Cavern, its members and/or the public.

10. No Member shall:

(a) place, cause to be placed, attempt to place, or operate in any manner whatsoever upon the Beatgear Cavern or within its web environment, any "web spider," "bot," or other automated data collection device or software mechanism, nor shall any BGC account be created or maintained for such purpose;

(b) use any scripting tools or languages other than those provided within the BGC forum environment and explicitly authorized for use by the BGC Administrator(s);

(c) access the BGC forums other than interactively, or use or attempt to use any tool to mirror the BGC's content to any other device, including browser options to view the BGC offline;

(d) attempt to access any BGC administrative tool or function without the express consent of the Owner(s), Operator(s) or Administrator(s) of the site;

(e) attempt to bypass, circumvent, defeat, or impair the access, authorization or auditing mechanisms of the BGC;

(f) attempt to access underlying BGC databases, the BGC hosting environment or server operating systems or tools;

(g) employ any user agent (web browser or any tool which opens communications with the BGC web server for purposes of accessing the site) which: has the capability of masquerading as another user agent for purposes of defeating access control and auditing mechanisms; ignores or circumvents established standards for access control, including (but not limited to) .htaccess and robots.txt files; or represents itself as another type of user agent in the HTTP Request header presented to the BGC web server; or

(h) utilize an open proxy or other anonymizing server or device to access the BGC.

(1) An "open proxy" is defined as an internet proxy server or device which acts as an intermediary between a user and a server, and which is publicly accessible to any user on the Internet (regardless of whether the proxy service is free or paid).

(2) A "closed proxy" is defined as an internet proxy server or device which similarly acts as an intermediary, but is used by a business entity, organization or service provider to provide security measures for their internal networks. These are only available to persons affiliated with the operator of the closed proxy or to their authorized guests.

(3) An "anonymizer" is defined as an internet proxy or other device which deliberately obfuscates the originating IP address and which does not maintain any state or records of each service request and response.

(4) A user of the BGC is permitted to use a closed proxy if required to access the BGC from work, at public access points such as airport and coffee house wi-fi connections, or if their Internet Service Provider requires them to do so.

(5) A BGC user may use an open proxy or anonymizer if there is a pressing requirement to do so, however, the user must notify the BGC's administrators in advance of the requirement's timeframe, provide a finite timeframe for the use of said open proxy or anonymizer, and identify the service being used. Open proxies or anonymizers will be authorized for special use only for periods of less than one week unless there are extraordinary circumstances. The BGC administrators shall be the sole arbiters of whether special access for the open proxy or anonymizer is allowed.

(6) The following will not be allowed under any circumstances:

a) Tor servers / nodes in any country

b) CoDeeN servers / nodes in any country

c) Any other type of open proxy or anonymizer with any endpoints or intermediate points located in Russia, People's Republic of China, India, North Korea, South Korea, Moldova, Pakistan, Iran, Cuba, Latvia, Romania, or Belarus. The BGC administrators reserve the right to modify this list without notice.

(7) The BGC administrators shall be the sole arbiters of whether any proxy, server or other intermediary device is acceptable, and reserve the right to ban access by those devices without notice.

11. Members agree that they will take reasonable care to safeguard their BGC access information, and agree to inform the site Administrator(s) if they have reason to believe this information has been compromised.

12. These terms and conditions may be amended from time to time as the site Administrator may deem necessary or proper; and all such amendments shall constitute a continuing and binding agreement between each Member (including any corporation or other business entity on whose behalf the Member is authorized to act) and the Owner(s), Operator(s) and Administrator(s) of the Beatgear Cavern. Violation of any of the foregoing provisions may result in the suspension or termination of BGC membership, without notice, in the sole discretion of the site Administrator.

As revised March 30, 2011.