Access to this web site and use of the forums and other services offered here are subject to the terms and conditions of this user agreement and copyright notice and all applicable laws and regulations, including laws and regulations governing copyright and trademarks. By accessing the services herein provided, you accept, without limitation or qualification, all of the terms and conditions in this user agreement. ORCA reserves the right to change these terms and conditions at any time. If and when any changes are made, they will appear on this page. By using the services of this web site, you agree in advance to accept any changes.
1. POSTING: You agree not to post, transmit or link to any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. This includes posting matter of a political or religious nature. You will be responsible for, and indemnify and hold harmless ORCA and representatives against, any claim arising from any material that you post or transmit. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
2. COMMERCIAL POSTING: ORCA exists for the non-commercial exchange of information. Sponsors of this site are given banner space and/or a forum to promote their business in accordance with the sponsor agreement. All other posts or signatures that are deemed to be commercial in nature are a violation of this user agreement and will be removed. As it pertains to the User Agreement, ORCA defines “commercial post” as knowing and willful posts made by private individuals or businesses, directly or indirectly seeking commerce. Additionally, posts made by individuals or businesses in regard to other commercial activities, in anticipation of direct or indirect economic benefit or relief from the subject activity, will generally be regarded as “commercial.” Recognizing that it is impossible to construct a definition which will satisfy every situation or circumstance, ORCA reserves the right to determine whether or not a post violates the “intent” of the “commercial post” policy or definition. Violation of this policy will be grounds for removal from our community.
3. AVATARS, SIGNATURES, TITLES AND PROFILES: All terms and conditions of this User Agreement apply to these areas as well. An avatar or signature may not contain commercial names, graphics, logos or URLs.
4. CONTROL OF INFORMATION: You acknowledge that ORCA does not control the information available on the message boards, chat rooms and other user and member-generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member-generated pages are those of their respective authors and they are solely liable for their content. Although ORCA may from time to time monitor or review discussions, chats, postings, transmissions, message boards and other user and member-generated pages on this web site, neither ORCA nor any of its officers, representatives or licensors is under any obligation to do so. ORCA reserves the right, in its sole discretion, to refuse to post or remove any material submitted to or posted on the chat rooms, message boards or on any other user or member-generated pages.
5. NO WARRANTY: The member-generated content of this web site contains information, facts and opinions from various individuals and organizations. They are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither ORCA nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the service or the sites.
6. OWNERSHIP OF POSTS: Any communication or material you post or transmit is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant ORCA the right to display this material on its web sites. ORCA makes no ownership claims to any material you post or transmit and agrees that all submitted materials, text, graphics and files remain the sole property of their creator, with individual exceptions such as contest entries specifically labeled as such when solicited.
7. ASSUMPTION OF RISK: Your use of this web site is at your own risk. Neither ORCA, nor any of its agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the services of this web site and the information available on this web site or arising out of any action taken in response to or as a result of any information available on this web site. You hereby waive any and all claims against ORCA arising out of your use of the services of this web site and the information available thereon. ORCA does not review or monitor any web sites linked to the member-generated content of this web site and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.
8. PRIVACY: We will not offer any information about you to any company. However, you should be aware that if you voluntarily disclose personal information (e.g., name, email address, street address, etc.) on a bulletin board, chat room or on any other user or member-generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.