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Old 02-15-2008, 06:52 PM   #1
???
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Default the terms and conditions of joining sp.com

i actually read this whole thing. this is NOT what the internet is about, man. hella corporate.


-----------------------------------------

This Internet website is the property of Smashing Pumpkins Music Entertainment. References to "Smashing Pumpkins", "Smashing Pumpkins Online Services", or "this website" shall also be deemed to be references to Smashing Pumpkins Music Entertainment.

SMASHING PUMPKINS PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE "SMASHING PUMPKINS ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SMASHING PUMPKINS ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SMASHING PUMPKINS WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SMASHING PUMPKINS ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS

TRADEMARK AND COPYRIGHT INFORMATION: All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Smashing Pumpkins and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Smashing Pumpkins in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern and/or apply to your use of the Smashing Pumpkins Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).

We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Smashing Pumpkins, its labels, or any person or property associated with Smashing Pumpkins, the Smashing Pumpkins Online Services, this website, or any other website in the Smashing Pumpkins family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

You agree, by using this website and/or the Smashing Pumpkins Online Services, that: (1) you will not use this website or any of the Smashing Pumpkins Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Smashing Pumpkins Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Smashing Pumpkins Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Smashing Pumpkins Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Smashing Pumpkins Online Services.

Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Smashing Pumpkins and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).

We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Smashing Pumpkins websites and any related Smashing Pumpkins Online Services (including bulletin boards and chat rooms).

WARRANTY DISCLAIMER

SMASHING PUMPKINS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER SMASHING PUMPKINS, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SMASHING PUMPKINS ONLINE SERVICES.

SMASHING PUMPKINS, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SMASHING PUMPKINS ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE SMASHING PUMPKINS ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. SMASHING PUMPKINS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE SMASHING PUMPKINS ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMASHING PUMPKINS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SMASHING PUMPKINS ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMASHING PUMPKINS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

FOR THE AVOIDANCE OF DOUBT, SMASHING PUMPKINS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.

VOID WHERE PROHIBITED

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Smashing Pumpkins reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

LICENSE TO SMASHING PUMPKINS

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Smashing Pumpkins a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall ******* the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

MAKING PURCHASES

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (Click here to see the Smashing Pumpkins privacy policy.)


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Smashing Pumpkins and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. Smashing Pumpkins reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LITIGATION ISSUES

This Agreement is entered into in the State of Illinois and shall be governed by, and construed in accordance with, the laws of the State of Illinois, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of Illinois in the State of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Smashing Pumpkins may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Smashing Pumpkins should be notified of a possible online copyright infringement involving any Smashing Pumpkins website, please notify Smashing Pumpkins's designated agent.

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.


[] I agree to and fully accept the terms and conditions

[] tinwop

 
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Old 02-15-2008, 08:48 PM   #2
topleybird
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Default

Similar threads: "Can you guys stop this"

 
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Old 02-15-2008, 11:59 PM   #3
stripes
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holy shit

 
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Old 02-16-2008, 12:24 AM   #4
<sp3
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tl;dr

 
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Old 02-16-2008, 03:26 AM   #5
???
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DESIGNATED AGENT UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT

 
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Old 02-16-2008, 03:29 AM   #6
???
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Do you agree to and accept all the terms and conditions of this contract?

[] Yes, please make me your bitch for eternity

[] Wise Man say FUCK YOU SMASHING PUMPKINS MUSIC ENTERTAINMENT CORPORATION

 
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Old 02-16-2008, 03:38 AM   #7
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Quote:
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you
On their site or just to authorities? If on the site...they cannot post my real name, address, number, or pic without my permission. I could sue the pants off of them. Who is in charge of their site? A 12 year old?

I don't go there so I really don't care......just saying that some of their terms are not totally legal.

 
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Old 02-16-2008, 03:59 AM   #8
Future Boy
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they copied it from netphoria!

 
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Old 02-16-2008, 04:03 AM   #9
Sebastian
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Quote:
Originally Posted by To Starla View Post
they cannot post my real name, address, number, or pic without my permission. I could sue the pants off of them.
They *can* post your information. You have given them permission to do so by accepting their terms & conditions. You should probably have read these rules before you signed up...

 
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Old 02-16-2008, 04:08 AM   #10
commando
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It's legal if you agree to it. It's not like they're unilaterally forcing things on you.

 
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Old 02-16-2008, 04:59 AM   #11
MaryMio
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I hold Corgan personally responsible.

he deserves a good smack.

 
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Old 02-16-2008, 06:41 AM   #12
murraymina78
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Quote:
Originally Posted by commando View Post
It's legal if you agree to it. It's not like they're unilaterally forcing things on you.
Well, if it were against the law in the first place, I don't think agreeing to it would make it any more legal.
We should lawyer up.

 
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Old 02-16-2008, 03:28 PM   #13
commando
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What specifically is against the law? You can waive rights, you know. What a retarded topic. All this is is SP covering their bases in case someone posts a link to kiddie porn or something and the feds try to shut the site down. It says they're not responsible and they will cash you in, dumbasses.

 
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Old 02-16-2008, 03:56 PM   #14
themadcaplaughs
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Quote:
What specifically is against the law? You can waive rights, you know. What a retarded topic. All this is is SP covering their bases in case someone posts a link to kiddie porn or something and the feds try to shut the site down. It says they're not responsible and they will cash you in, dumbasses.
You took the words right out of my mouth. With Web sites like these that allow people to upload their own content (i.e. Youtube), there is always some jackass who will try to upload homemade porn or videos of animal abuse.

 
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Old 02-16-2008, 03:59 PM   #15
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uh, yeah. this is the type of thing you agree to when you sign up for basically anything.

 
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Old 02-16-2008, 04:05 PM   #16
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Quote:
Originally Posted by MaryMio View Post
I hold Corgan personally responsible.

he deserves a good smack.
yup im pretty sure corgan wrote all that, it actually started out as a song

 
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Old 02-16-2008, 04:06 PM   #17
i_adore_adore
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It's part of the machina mystery.

 
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Old 02-16-2008, 07:40 PM   #18
SP MediaMilitia
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is this really that big of a deal?

 
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Old 02-16-2008, 07:52 PM   #19
TheMilstead
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Quote:
Originally Posted by SP MediaMilitia View Post
is this really that big of a deal?
Sure. That's what you want us to think.

 
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Old 02-16-2008, 08:46 PM   #20
skipgo
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Quote:
Originally Posted by SP MediaMilitia View Post
is this really that big of a deal?
i think isle was probably just bored or something.

 
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Old 02-16-2008, 11:27 PM   #21
apetulantfrenzy
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This is pretty standard for web sites that allow user-generated content. I'm a law student, for what it's worth.

 
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Old 02-17-2008, 02:05 AM   #22
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Quote:
Originally Posted by Sebastian View Post
They *can* post your information. You have given them permission to do so by accepting their terms & conditions. You should probably have read these rules before you signed up...
I believe what it is saying is, they have the right to reveal your identity to authorities, not post your personal info on the site itself.

If someone posted my address on this site I'd fucking sue. I have a psycho ex....shit ain't happening.

 
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Old 02-17-2008, 02:08 AM   #23
BlissedandGone2
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Quote:
Originally Posted by SP MediaMilitia View Post
is this really that big of a deal?
i love you sp mediamilitia.

 
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Old 02-17-2008, 04:47 AM   #24
commando
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Quote:
Originally Posted by SP MediaMilitia View Post
is this really that big of a deal?
No. It's a boilerplate legal release and some of the younger children were scared by the big words. Nothing to see here.

 
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Old 02-18-2008, 12:20 AM   #25
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I wondered what the big fuss was over myself.
But what it does lead me to believe is that at least half the people posting here have never bothered to actually read the contents of the "user agreement" that they have so readily box checked at least a dozen times when signing up with any (and I mean any) service or website on the internet.

 
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Old 02-18-2008, 12:24 AM   #26
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when are the jews gonna sue the catholics for copyright of the old testament?

 
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Old 02-18-2008, 08:36 AM   #27
IWishIWasBlank
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YOU'RE DERAILING! AFDFKJ! MLOPS!

Edit: Agreement is pretty standard. When I signed up for my DSL, I read the entire disclaimer.

 
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Old 02-18-2008, 08:44 AM   #28
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Its a bit excessive, it may sound like standard legal junk that lawyers cooked up to most but it really wouldn't surprise me if Billy himself had an active role constructing those terms and conditions.

 
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Old 02-18-2008, 08:59 AM   #29
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it's standard legal terms and conditions, beefed up a little due to the user-generated content features of the site.

as for disclosing personal addresses on the site - that won't happen - it's just warning you that if you do something in relation to the site that is illegal only then will information be disclosed to relevant authorities.

 
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Old 02-18-2008, 09:00 AM   #30
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Quote:
Originally Posted by Andrew_Pakula View Post
Its a bit excessive, it may sound like standard legal junk that lawyers cooked up to most but it really wouldn't surprise me if Billy himself had an active role constructing those terms and conditions.
You really think he gives a shit to this extent?

 
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