Your use of the message board(s) (and inclusive forums and video services) and any other public medium hosted on the AboveTopSecret.com, media.AboveTopSecret.com, and any other website(s) owned and operated by AboveTopSecret.com and any related organization(s) (collectively referred to as the "Websites") indicates your acceptance of the following Terms and Conditions of Use. The Above Network, LLC, its owners, and any related organization(s) will be referred to collectively from this point forward as "TAN." The Terms and Conditions of Use applies to unregistered users, registered users, and all other users accessing any type of content on the Websites (individually, a "User" and collectively, the "Users"). Certain additional terms apply to registered members of the Websites and are identified in the Terms and Conditions of Membership below.

TAN may change the Terms and Conditions of Use (and the Additional Terms and Conditions of Membership) at any time and the changes will become effective 15 days after posting the revised Terms and Conditions of Use (and the Additional Terms and Conditions of Membership) (the "Effective Date"). You can review the most current version of the Terms and Conditions of Use (and the Additional Terms and Conditions of Membership) at any time at www.abovetopsecret.com/terms_and_conditions.php. You are responsible for checking periodically for changes, and your continued use of the Websites after the Effective Date indicates your acceptance of any changes specified in the new Terms and Conditions of Use (and for members, the new Additional Terms and Conditions of Membership). Additional operating guidelines may be posted from time to time. TAN may also offer certain services (e.g., podcasting, media hosting, Internet radio, etc.) that are governed by different terms of service, and such different terms of service will be clearly posted on web pages associated with the service and govern the use of such service.

1) Service Changes and Discontinuation. Our services provide you with access to a diverse collection of online resources, including several types of communication tools, online forums, personalized content and branded features. Services are provided free of charge with no warranty as to quality or availability. TAN reserves the right to change or to discontinue temporarily or permanently the services at any time without notice. You agree that TAN will not be liable to you or any third party for any modification or discontinuance of the services.

2) Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Websites, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither TAN nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.

3) Privacy Policy. TAN respects your privacy and has developed a detailed Privacy Policy that is incorporated into the Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership). Please take the time to read our Privacy Policy which is available at the Privacy Policy Link . By accessing the Websites, you are accepting the terms of our Privacy Policy.

3) DMCA Enforcement: TAN endeavors to comply with the Digital Millennium Copyright Act (hereinafter "DMCA") and other applicable intellectual property laws. TAN will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users. TAN will also terminate the accounts of repeat offenders. If TAN removes or disables access to comply with the DMCA, TAN will make a good-faith attempt to contact the owner, author, or administrator of each affected posts so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. For more information about our DMCA policy and how to file a DMCA takedown notice, please see our DMCA Policy Page.

4) No Endorsement of User Content. Our Users are solely responsible for all posted Content (as defined in the next sentence) that is uploaded, posted, emailed, transmitted or otherwise made available on or through the Websites (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Websites; personal User information; board posts; reader reviews; blogs, ratings, data, notes and testimonials; images; audio or video files; and podcasts. User acknowledges and agree that TAN does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, hateful, vulgar, obscene, and/or disruptive, or may infringe upon, misappropriate, or otherwise violate the intellectual property or other rights of another. User acknowledges that TAN does not pre-screen User Content, and has no obligation to do so, but that TAN and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on the Websites. If you find any Posts in these forums to be offensive or threatening, please contact TAN or the moderators with the address of the Post. If we determine that removal of a Post or Posts is necessary, we will make reasonable efforts to do so in a timely manner. TAN will make every effort to provide a free and open discussion environment within the boundaries of the Terms and Conditions of Use and the Terms and Conditions Membership that does not contain offensive or threatening messages, but cannot guarantee that all such messages will be found and removed within any specific timeframe. You must evaluate and bear all risk associated with the use of any postings, including any reliance on the accuracy, completeness, or usefulness of such postings.

5) Third Party Sites; Advertisers. The Websites may provide Users with opportunities, links or other incentives to use certain sites, services, products, applications or content offered by or through TAN's third-party providers, including but not limited to advertisers, and content and ecommerce providers (collectively, "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. TAN does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. TAN does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Websites. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.

6) Use Of Content; Copyright. All content created by Users of TAN website are governed by an "Attribution - NonCommercial - NoDerivs 3.0 Unported" Creative Commons Deed (hereinafter "Creative Commons License"). Users can share, distribute, copy, and transmit the work Users find on TAN websites provided Users provide proper attribution that includes the name of the Website User, the name of the Website, and a link to the content thread. These usage rights do not apply to any commercial use of the content found on TAN websites, and such use is strictly prohibited without prior written authorization from TAN. These usage rights also do not apply to derivative works, and such use is strictly prohibited without prior written authorization from TAN. Each post of each thread contains a "copyright" link that clearly specifies the method in which the material may be shared, distributed, modified, or used.

You will not copy, distribute, display, or publicly perform material from the Websites to Post on other websites or quote in offline research in a manner that does not comply with the Creative Commons License that specifies the author's member name as a member of AboveTopSecret.com, includes The Above Network, LLC and the member as owners of the content, provides the title of the thread, and a full URL to the board thread. 


7) DISCLAIMER. You expressly understand and agree that:
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "TAN PARTIES") EXPRESSLY DISCLAIM 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.
THE TAN PARTIES MAKE NO WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, OR (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY TAN PARTY, OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE OR (FOR MEMBERS) THE ADDITIONAL TERMS AND CONDITIONS OF MEMBERSHIP.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE WEBSITES IF YOU HAVE HAD ANY OF THESE SYMPTOMS, AND DISCONTINUE USE OF THE WEBSITES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
YOU AGREE THAT THE TAN PARTIES WILL NOT BE LIABLE TO YOU 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 THE TAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITES; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE TAN PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TERMS AND CONDITIONS OF USE OR THE TERMS AND CONDITIONS OF MEMBERSHIP, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.

8) INDEMNIFICATION: You agree to protect and fully compensate the TAN Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Websites, or violation of the Terms and Conditions of Use (or for members, the Additional Terms and Conditions of Membership) by you or any other user of your account (whether or not authorized), and you agree to indemnify and hold the TAN Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites, your connection to the Websites, your violation of these terms and conditions, or your violation of the rights of another. 



9) General Liability Notice: The open and real-time nature of the discussion forums makes it impossible for TAN to vouch for the validity or honesty of posts from individual members. TAN is not responsible for any messages posted, nor the consequences of reading them. The views expressed in the messages within the forums are those of the authors, who accept total responsibility for the content of their posts.

10) Registration: When you register for our discussion boards, the only requirement is a functioning email address to confirm your registration. Your board password will be sent to the address you specify. Your email address will also be subscribed to our email newsletter service for which you can unsubscribe if you wish. The address you provide will never be shared with any other party as specified in our Privacy Policy.

11) TAN Proprietary Rights: You acknowledge and agree that the Websites and any necessary software used in connection with the Websites contain proprietary and confidential information of TAN and third parties that is protected by applicable intellectual property and other laws. You further acknowledge and agree that advertisements or information presented to you through the Websites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by these Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, publicly display, or create derivative works based on the material on the Websites, in whole or in part.

General Terms

12a) Entire Agreement. These Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) are the complete and exclusive agreement between you and TAN with respect to the subject matter hereof, superseding and replacing any and all prior and contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter.

12b) Export Restrictions: You shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations, and rules, unless properly authorized. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Websites to parties identified on such lists; (b) agree not to use the Websites for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or Post via the Websites any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

12c) Choice of Law. These Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) shall be deemed to have been entered into in the State of Arizona. The rights of you and TAN hereunder shall be governed by, and construed in accordance with, the laws of the State of Idaho without regard to conflicts of laws principles. Each party to this Agreement irrevocably (a) submits to the exclusive jurisdiction of any state or federal court located in Bonner County, Idaho in litigating any action or proceeding arising out of or relating to this Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership), and (b) agrees that any such action or proceeding may be litigated only in such courts. TAN and you agree to waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any such action or proceeding. Any final judgment rendered against a party in any such action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

12d) Severability/Waiver: If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions of Use (or the Additional Terms and Conditions of Membership) invalid or unenforceable, that provision of the Terms and Conditions of Use (or the Additional Terms and Conditions of Membership) will be enforced to the maximum extent permissible, and the other provisions of this Terms and Conditions of Use (or the Additional Terms and Conditions of Membership) will remain in full force and effect. Failure by either party to enforce any provision of this Terms and Conditions of Use (or the Additional Terms and Conditions of Membership) will not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment, or other modification of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of the parties.

12e) Compliance With Laws: You agree to comply in all material respects with all applicable laws, rules, and regulations in connection with your activities under the Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership).

12f) No Assignment. Except as expressly provided herein, neither this Agreement nor any right, interest, duty, or obligation hereunder may be assigned, transferred, or delegated you, by operation of law or otherwise, without the express prior written consent of TAN, which consent may be withheld in the sole and absolute discretion of TAN.

12g) Non-exclusive Remedy: Except as expressly set forth in the Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership), the exercise by a party of any remedies provided in the Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) will not be deemed an election of remedies, and will be without prejudice to its other remedies under the Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) or under any other agreement, or at law or equity or otherwise.

12h) Headings: The headings of the sections hereof are inserted merely for convenience and shall not be used or relied upon in or in connection with the construction or interpretation of these Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership).

13) Additional Terms And Conditions For Members Summary: The below specific and itemized rules not withstanding, all Users and members are expected to participate with the same common every-day social graces used in civilized mixed company. Our desire is to foster an environment of civil decorum that enables our members to discuss highly provocative and intensely speculative topics without concern over personal attacks or insults.

14) Term of These Agreed Upon Conditions By using and/or joining the Websites governed under these Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership), you agree to honor these rules for so long as your account status remains active, and for 18 months after the termination of any account privileges due to violation of these conditions or other guidelines.