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Terms of Service, Editing, and Banning

The Spank! moderators try to keep a hands off approach to moderating. If we could, we would love to never have to use our moderation powers - ever. Unfortunately, cases occur where we need to moderate the actions of users and the content of posts.

There are two areas specifically where we actively moderate: Thread Titles and Terms of Service (the agreement you accept when you register) violations.

Thread titles are moderated because the show up in the "Recently Posted" section of Spank! Though the title may be in context when you read the entire post, when it shows up in the "Recently Posted" it doesn't have the thread to help people understand the context of the title. Usually we just tweak a word or two, while trying to keep the meaning intact.

Terms of Service violations happen when you do something pretty drastic on the site. Below we've put some of the Terms of Service (which reads like a law book) into something understandable. But given to say - if it's obscene, racist, sexist, or homophobic you're gone from the site.

If we do find you've broken the terms of service we can warn you, suspend you, or ban you. If you're banned - we close down all your accounts and any further ones you open. Banning means banning you, not just the account.

Clear Language Version of the Terms of Service

This is the "clear language version of the Terms of Service". It should assist in understanding the common reasons we may use to ban a person from the site. Note, this list in no way supersedes the Terms of Service, and the full Terms of Service will always be active. These also constitute some of our general practices and limits concerning use of Spank!

Violation of these rules will not always result in banning, but those accounts violating the rules are subject to the discretion of the moderators as to whether or not they are to be banned.

1. Obscene Material
This includes posting on the site, or linking to, obscene material.

2. Racist, Sexist, Homophobic or other Xenophobic Material
This includes posting on the site, or linking to, such material.

3. Sales Material
This includes posts made for the selling or advertising of goods, services, or ideas. This includes boxed goods (things you can buy online or at a store) and acts of proselytization.

NOTE: If Spank! is valuable enough for you to want to do this, you are welcome to buy advertising space on the site. Please contact us for further information.

4. Disruption to the Use of Spank!
This includes spamming or otherwise purposeful use of the site, the code, the hardware, or service to the detriment of other users, staff, moderators, or site.

5. Showing Disrespect to the Site or its Moderators.
This includes utilizing the site when you are outside the age range of 13 to 24; posting on this site, other sites, or through any media material degrading to Spank! or it's staff and volunteers; and the assistance, or non-disclosure to Spank! staff, of a banned person's continued use of the site.

6. Users and Accounts Linked to a Banned Account
This includes all accounts and individuals that Spank! can determined are linked to an account that has been previously banned, whether or not it is the same individual.

7. For Reasons not Listed Above
Spank! always reserves the right to ban users and accounts for reasons not listed above, including violation of the Terms of Service Spank! is currently operating under.

Real Version of the Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SPANKMAG.COM OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to Spankmag.com.
If you have any questions that the web site cannot answer, please email tos@spankmag.com.

We may amend these terms. Except where stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Spankmag.com allows you to set a user preference to receive by email any changes to our terms.

This Terms of Service is an attempt to clearly indicate our responsibilities to you, and yours in using this site. We highly encourage your participation in ensuring service that meets your needs, and you can always email us at (HappySpankMail at spankmag.com) with any thoughts you may have for us. This document last updated 08 February 2003.

1. ACCEPTANCE OF TERMS
Welcome. Spankmag.com ("Spank!") provides our site and services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. Spank! is a project of the incorporated company 750993 Alberta Ltd ("Legal Entity"), and all rights granted by the TOS apply to the Legal Entity.

2. DESCRIPTION OF SERVICE
Spank! currently provides users with access to a rich collection of on-line resources ("the Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the TOS. Please be aware that Spank! has certain areas on the Service that contain mature content. You must be at least 13 years of age to access and view such areas. 
 
3. YOUR REGISTRATION OBLIGATIONS
In consideration of 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 "User Profile") and (b) maintain and promptly update the User Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spank! has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spank! has the right to suspend, modify or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 
 
4. SPANK! PRIVACY POLICY
Pursuant to Spank!'s privacy policy, we may disclose to third parties certain aggregate information contained in your User Profile or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

5. 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 Spank!, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Spank! 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. You agree to not use the Service to: 
 
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, 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 Spank! official, forum leader, editor, 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 or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 
 
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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 non-disclosure agreements); 
 
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
 
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose; 
 
(h) upload, post or otherwise transmit 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, provincial, state, national or international law; 
 
(l) "stalk" or otherwise harass another; 
 
(m) collect or store personal data about other users; 
 
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; 
 
6. PROCESS
You acknowledge that your reading, addition, removal, or modification of Content shall only be performed through the interface and process provide by Spank!.
 
7. CONTENT SUBMITTED TO SPANK!
Spank! does not claim ownership of the Content you place on our site. By submitting Content to Spank! for inclusion, you grant Spank! the permanent, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. You acknowledge that Spank! does not pre-screen Content, but that Spank! and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Spank! 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.

8. DISPLAY OF USER PROFILE
You acknowledge that Spank! applies labels, titles, ratings, reviews, warnings, points & graphics ("Labels") to User Profiles as part of our Service. The use and application of Labels is at the exclusive discretion of Spank!. All Labels are the sole property of Spank!. Labels may be suspended, changed, modified, or added to without notice. Further, you agree that Spank! shall not be liable to you or any third-party regarding the application of Labels.

9. PREVIOUSLY TERMINATED 
You agree not to utilize this Service if your use of the Service has been previously terminated as described under section 14, and you have not received a written exception from the publisher.

10. INDEMNITY
You agree to indemnify and hold Spank!, 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 your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 
 
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. 
 
12. GENERAL PRACTICES REGARDING USE
You acknowledge that Spank! may establish general practices and limits concerning use of the Service. 
 
13. MODIFICATIONS TO SERVICE
Spank! 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 Spank! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 
 
14. TERMINATION
You agree that Spank!, in its sole discretion, may terminate your password, use of the Service or use of any other Spank! service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Spank! believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Spank! 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 Spank! may immediately deactivate, modify or delete your Content and/or bar any further access to such files or the Service. Further, you agree that Spank! shall not be liable to you or any third-party for any termination of your account. 
 
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Spank! has no control over such sites and resources, you acknowledge and agree that Spank! 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 Spank! 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. SPANK! 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 Spank! 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. 
 
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. SPANK! 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) SPANK! 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 SPANK! 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 SPANK! 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 SPANK! 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. LIMITATION OF PAID SERVICES AND SUBSCRIPTIONS 
You expressly understand that paid services and subscriptions are limited by these TOS. Paid services and subscriptions may be suspended, modified, or ended at any time without the refund or return of any monies paid to Spank! Paid services and subscriptions have no standard or warranty of performance, expectation, availability, accuracy, or function.

20. 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 16 AND 17 MAY NOT APPLY TO YOU. 
 
21. NOTICE
Notices to you may be made via email. 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. COPYRIGHTS
Spank! respects the intellectual property rights of others and we ask our users to do the same. 
 
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Spank! and govern your use of the Service, superceding any prior agreements between you and Spank! (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Spank! services, third-party content or third-party software. The laws of the Province of Alberta shall govern the TOS and the relationship between you and Spank!. You and Spank! agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Calgary, Alberta, Canada. The failure of Spank! 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. 
 
24. VIOLATIONS
Please report any violations of the TOS to tos@spankmag.com

Privacy Statement
Our Privacy Statement can be found here:
http://www.spankmag.com/content/developed/privacy.cfm

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