You can review the most current version of the TOU at any time at pendulumfoundation.com/TOU.html. In addition, you shall be subject to any posted guidelines or rules applicable to such Use, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. By using this site in any way, you are agreeing to fully comply with the TOU, and should you object to any term or condition for the use of the Service or contained in the TOU, your only recourse is to discontinue using the Service.By using this site, you may be exposed to Content that you find indecent, offensive or otherwise objectionable. You may report such Content or other Content or conduct that violates these TOS. However, the Foundation will determine, without limitation and in its sole discretion, as what action, if any, should be taken with respect to such activity. You agree that the Foundation may establish separate Guidelines and/or limits for the use of this site. These may include additional Guidelines pertaining to the etiquette of use, as need be, as well as limits on the amount of Content and the frequency of postings. Limitation of Liability YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE 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; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE. IndemnificationYou agree to indemnify and hold the Foundation, its principals, officers, directors, employees, agents, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content that you submit, post or make available through the Foundation's Service, of your use of the Foundation's Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.
3. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is harmful to minors in any way; 4. impersonate any person or entity, or falsely states or otherwise misrepresents your identity or affiliation with another person or entity; 5. stalk or harass another person or entity; 6. employ misleading email addresses, forged headers, or other manipulated identifiers; 7. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships 8. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 9. upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is invasive to another's privacy or includes personal or identifying information about another person, without that person's explicit consent; 10. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation; 11. upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 12. upload, post, email, transmit or otherwise make available any Content or use the Service to interfere with or disrupt the Service, or servers or networks connected to the Service;13. upload, post, email, transmit or otherwise make available any Content or use the Service to collect or store personal data about other users for commercial purposes or engage in commercial activities, without the Foundation's prior approval. Any use of the Service that is in violation of the above will be subject to immediate removal and user/account suspension or termination, at the sole discretion of the Foundation.
You agree and acknowledge that the laws of the United States shall govern the Terms and the relationship between you and the Foundation without regard to its conflict of law provisions. You agree and acknowledge to submit to the personal and exclusive jurisdiction of the courts located within the United States. You agree and acknowledge 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 Terms must be filed within one (1) year after such claim or cause of action arose or forever be barred.Content posted by users does not represent the opinion of the Foundation, its principal or representatives. All Content is the sole responsibility of the person from whom the Content originated, and you agree that users bear all legal liability resulting from the posting of Content. The Foundation makes no representations as to the accuracy or validity of user-generated Content and is not liable in any way for the use of or reliance upon such Content. Whenever possible, such information is marked with the name of the source. The Foundation reserves the right to pre-screen, move, refuse, or remove any of your Content, or to bar access to the Service, at any time for any reason and without prior notice.The Terms constitutes the entire agreement between you and the Foundation and governs your use of the Service, superseding any prior agreements between you and the Foundation. The Foundation's failure of to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. The Foundation reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Modifications to Service