TERMS OF USE

1. General Information.

These terms of use (these “Terms of Use”) describe your relationship with Slave Pit, Inc., a Virginia stock corporation, including its affiliates and subsidiaries, (“Slave, Pit Inc.,” “we,” “us,” or “our”) and govern your access and use of Slave Pit Inc. websites that display this statement, including, without limitation, www.gwar.net, www.gwarvip.com, and www.bohabs.com (collectively, our “Sites”). 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. If you have questions, please contact us. By accessing or using our Sites, you signify your agreement to these Terms of Use and our Privacy Policy (defined below) (collectively, the “Terms”). If you do not agree with these Terms, you should not use, and are not permitted to use, our Sites.

2. Changes to Terms of Use.

Slave Pit Inc. may change these Terms of Use at any time in its sole discretion. If Slave Pit Inc. changes the Terms of Use in a material way, a notice will be posted on our Sites and you will receive notice through your Slave Pit Inc. user account, as applicable. You agree to review the posted updates or revisions to the Terms of Use. By continuing to access and use any of our Sites after updated Terms of Use are posted, you agree to abide by the updated Terms of Use. In the event you do not consent to the terms of the updated Terms of Use, you must immediately discontinue use of our Sites.

3. Authorized Users.

Our Sites are not intended for use by children or minors under the age of 18 without the permission of a parent or guardian.  If you are using our Sites on behalf of a company, organization, or entity, you are agreeing to these Terms of Use on their behalf.

4. Limitations on Use.

While using our Sites, you shall not perform any actions, which could interfere with or otherwise adversely affect the proper functioning of our Sites. Without limiting the generality of the foregoing, you shall not: (a) use any robot, spider, scraper or other automated means to access our Sites for any purpose without prior express written permission from Slave Pit Inc.; (b) take any action that imposes, or may impose, in Slave Pit Inc.’s sole discretion, an unreasonable or disproportionately large load on Slave Pit Inc.’s infrastructure; (c) bypass any measures Slave Pit, Inc. may use to prevent or restrict access to our Sites; (d) use our Sites in violation of the Prohibited Content Policy in Section 6, or (e) use our Sites to send altered, deceptive, or falsely-sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers. You shall not link to our Sites without Slave Pit, Inc.’s prior written consent.

Slave Pit Inc. has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of any of our Sites or the Slave, Pit, Inc. Content (as defined below) at any time, and for any reason, with or without prior notice to you. Slave Pit, Inc. may restrict your access to some or all of our Sites, or portions thereof, at anytime for any or no reason with or without prior notice to you.  You agree that the Terms of Use will apply to any upgrades, changes, or modifications to our Sites or Slave Pit, Inc. Content. Any unauthorized or prohibited use of our Sites or Slave Pit, Inc. Content may subject you to civil liability and criminal prosecution under applicable federal and state laws.

5. User Submissions.

As part of your use of our Sites, you may be provided with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics, external links or other materials (“User Content”).

You hereby grant Slave Pit, Inc. a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, worldwide right and license to practice, exploit, make, use, reproduce, transmit, display, exhibit, disclose, index, comment on, modify, improve, create derivative works based upon, perform and distribute such content in connection with the operation, development, provision, and use of our Sites and in connection with other products and services offered by Slave Pit Inc.

By submitting User Content, or otherwise submitting content to our Sites, you represent and warrant: (a) you own or otherwise have all necessary intellectual property rights, including, without limitation, copyright, trademark, right of publicity, and right of privacy rights, to the User Content you provide and the use of such User Content you provide does not violate these Terms of Use and all applicable state and federal laws; (b) the User Content you provide is true, accurate, current, and complete; (c) the User Content complies with our Prohibited Content Policy, and (d) the User Content will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, trade secret, right of publicity, right of privacy, or other proprietary right, or any other harm resulting from your User Content.

While Slave Pit, Inc. is under no obligation to monitor, refuse, move, or remove any User Content that is posted by other users or any other content that is available via our Sites, Slave Pit, Inc. reserves the right to do so in its sole discretion for any or no reason. Without limiting the foregoing, Slave Pit, Inc. and its designees may remove any User Content that violates these Terms of Use or is otherwise objectionable.

6. Prohibited Content.

By using our Sites, you agree that you will not post, submit, or otherwise distribute User Content that meets any of the criteria set out below (collectively, our “Prohibited Content Policy”). 

Prohibited Content is content:

● That is false, inaccurate, or misleading;

● That infringes or otherwise violates any third party’s: (a) copyright, patent, trademark, trade secret, or other proprietary or contractual rights; (b) right of publicity or privacy (specifically, you must not distribute any other person’s personal information of any kind without their express permission); or (c) any confidentiality obligation;

● That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or that is itself illegal in any way;

● That is, or may reasonably be considered to be: (a) offensive, such as profanities and expletives; (b) sexually explicit or pornographic; (c) defamatory, libelous, hatefully, racially or religiously biased; or (d) threatening, harassing, or bullying to any individual or entity;

● That contains any computer viruses, worms, or other potentially damaging computer programs or files;

● That impersonates or misrepresents your connection to another entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

● That interferes with, or otherwise harms or violates the security of our Sites, or any system resources, accounts, passwords, servers, or networks connected to or accessible through our Sites or affiliated or linked sites;

● That contains link(s) to other sites that contain content that falls within the proscriptions set forth above; and/or

● That contains information you or a third party considers confidential.

We cannot and do not assure that other users are or will be complying with the Prohibited Content Policy or any other provisions of these Terms of Use, and, as between you and Slave Pit, Inc., you hereby assume all risk of harm or injury resulting from any such lack of compliance.

7. Intellectual Property Rights.

Our Sites, including without limitation, all software code, site architecture and design, interactive features, and the appearance and arrangement of various Slave Pit, Inc. Content (defined below), all trademarks, service marks, and trade names used in connection with our Sites, products, and services (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, characters, sound recordings, compositions, and other copyrightable elements, and the selection and arrangements thereof (collectively, “Slave Pit Inc.. Content”) are the property of Slave Pit. Inc. or its assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws.

You may not download, store, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Slave Pit, Inc. Content, except as incidental to your accessing and viewing our Sites.  Without limiting the generality of the foregoing, you agree not to: (a) sell, resell, lease, or the functional equivalent, our Sites or any Slave Pit, Inc. Content to a third party; (b) attempt to reverse engineer our Sites, the Slave Pit, Inc. Content, or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to, our Sites or the Slave Pit, Inc. Content; or (d) attempt to create materials similar to the Slave Pit, Inc. Content other than in connection with your use of our Sites.  Except as otherwise provided in these Terms of Use, you may not make any use of the Slave Pit, Inc. Content, including without limitation the Marks or any mark similar thereto, without the express prior written consent of Slave Pit, Inc.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS IN OUR SITES, SLAVE PIT, INC. CONTENT, OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.

8. Feedback.

From time to time, you may choose to provide User Content in the form of reviews, testimonials, or other feedback (“Feedback”) with respect to our Sites, Slave Pit, Inc. Content, or other Slave Pit, Inc. products and services.  In the event that you were compensated or granted consideration by Slave Pit, Inc., or any third party, for the Feedback you must clearly and conspicuously disclose such relationship, e.g. “I was given a free product in exchange for this testimonial.”

9. User Account, Password, and Security.

Our Sites, or portions of our Sites, may require you to open a user account before you can access them. Your user account is personal to you, and you may not sublicense, transfer, sell, or assign your account to any other person. In order to open an account, you must complete the registration process by providing Slave Pit, Inc. with current, complete, and accurate information as prompted by the applicable registration form. You shall not impersonate any person or misrepresent your identity or affiliation with any person or entity, including any other person’s name, likeness, username, or other account information.

To register an account, you must choose a user name and password. You are entirely responsible for maintaining the confidentiality of your password, user name and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account.  If you become aware of any unauthorized use of your account or any other breach of security, you shall immediately notify Slave Pit, Inc. Slave Pit, Inc. will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. If Slave Pit Inc. or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses. Subject to applicable law, we may suspend or terminate your account and your ability to use any portion of our Sites for failure to comply with these Terms of Use or for any other or no reason whatsoever.

10. Communications with Other Third Parties.

While using our Sites, you may be introduced to, or be able to access, websites, advertisements, contests, sweepstakes, or information offered by other parties. For example, another user may upload User Content that contains a link to a third-party website. Such links are provided solely as a convenience to you and do not imply endorsement by Slave Pit, Inc. of, or any affiliation with, or endorsement by, the owner of the linked website. Slave Pit, Inc. is not responsible for the actions or policies of such third parties and Slave Pit, Inc. will not be liable for any goods, services, resources or content available through third-party dealings or communications, or for any harm related thereto. Before clicking on a third-party webpage, providing information to such third party, or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you are comfortable with them. Complaints, concerns, or questions relating to materials provided by third parties should be forwarded directly to the third party.

11.  Third-Party Services.

In some circumstances, third party services may be integrated into features made available on or through our Sites. Your use of such third party services may be subject to a separate agreement between you and that party. Slave Pit, Inc. is not a party to such separate agreement, but, notwithstanding the foregoing, you acknowledge and agree Slave Pit, Inc. is a third party beneficiary of such separate agreement and Slave Pit, Inc. shall have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary of such agreement.

12. Provision of the Sites.

Slave Pit, Inc. has no responsibility to provide you access to our Sites. Slave Pit, Inc. reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Sites or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that Slave Pit Inc. will not be liable to you for any modification, suspension or discontinuance of our Sites, or your access thereto.

13. Choice of Law and Jurisdiction.

The laws of the Commonwealth of Virginia, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, will govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of our Sites must be instituted within six (6) months from the date upon which such claim or cause of action arose or was accrued. Further, any such claim or cause of action must EXCLUSIVELY be brought in the state or federal courts located in the City of Richmond, Virginia, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of the Commonwealth of Virginia as your agent for service of process. You agree to waive any objection that the state or federal courts of the City of Richmond, Virginia are an inconvenient forum.

14. Warranty Disclaimer.

YOUR USE OF OUR SITES AND SLAVE PIT, INC. CONTENT IS AT YOUR OWN RISK. OUR SITES AND SLAVE PIT INC. CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLAVE PIT INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (A) OUR SITES; (B) SLAVE PIT, INC. CONTENT; (C) INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR SITES; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SLAVE PIT INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITES AND SLAVE PIT, INC. CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SLAVE PIT, INC. HAS NO RESPONSIBILITY OR LIABILITY FOR: (A) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING OUR SITES; (B) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, OR OTHER PROPERTY; (C) USER CONTENT OR OTHER INFORMATION POSTED ON OUR SITES BY THIRD PARTIES; AND (D) THE ACTIONS OF ANY THIRD PARTY. SLAVE PIT, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITES WILL BE UNITERRUPTED, ERROR-FREE, OR THAT DEFECS WILL BE CORRECTED. THE SITES CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES. SLAVE PIT INC. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

15. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, SLAVE PIT, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROVIDERS, AND SUPPLIERS (COLLECTIVELY, “SLAVE PIT PARTIES”) LIABILITY TO YOU, YOUR HEIRS, AND SUCCESSORS-IN-INTEREST, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR A BREACH OF SLAVE PIT INC.’S OBLIGATIONS UNDER THESE TERMS OF USE OR SLAVE PIT INC.’S PRIVACY POLICY, OR FOR NEGLIGENCE, WILL BE LIMITED TO $100.00 AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SLAVE PIT PARTIES SHALL NOT BE LIABLE TO YOU, YOUR HEIRS, AND SUCCESSORS-IN-INTEREST FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.

16. Indemnity.

You shall indemnify, defend, and hold harmless, Slave Pit, Inc., its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, servants, contractors, and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding: (a) your use of our Sites; (b) Slave Pit, Inc.’s use of any User Content you provide, as long as such use is not inconsistent with these Terms of Use; (c) User Content or other information posted or transmitted through your account, even if not posted or transmitted by you; and, (d) any violation of the Terms by you.

17. Privacy.

Your use of our Sites and any information you provide to Slave Pit, Inc. is governed by Slave Pit, Inc.’s privacy policy (our “Privacy Policy”), which is on our Sites, and which is incorporated herein by reference.

18. Digital Millennium Copyright Act.

If you are a copyright owner or an agent thereof and believe that any material available on our Sites infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Slave Pit, Inc.’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.

All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):

● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

● Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Slave Pit, Inc. to locate the material;

● Information reasonably sufficient to permit Slave Pit, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent:

Mail: Slave Pit Inc., Inc.

             Attn: Brad Roberts

             PO Box 5225

Richmond, VA 23220

Email: slaveclub@aol.com

Phone: 804-337-3629

If you believe that material you posted to our Sites that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification (“Counter Notification”) to the Copyright Agent containing the information described below.

Please note Slave Pit, Inc. is required to send a copy of your Counter Notification to the party who submitted the Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.

Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.

All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3)) for further details):

● Your physical or electronic signature;

● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and

● Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for the Eastern District of Virginia in Richmond, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

Upon receipt of a Notification or Counter Notification, Slave Pit, Inc. will comply with the applicable procedures set forth in 17 U.S.C. § 512.  Pursuant to 17 U.S.C. § 512(i)(1)(A), it is Slave Pit, Inc.’s policy to terminate, in appropriate circumstances, user account holders who are repeat infringers.

19. Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Slave Pit, Inc. without restriction.

20. Remedies for Violations.

Slave Pit, Inc. may seek all remedies available at law and in equity for violation of these Terms of Use, including, without limitation, the right to block access from a particular Internet address to our Sites.

21. Miscellaneous.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Slave Pit, Inc. as a result of these Terms of Use or your use of our Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions will remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms of Use taken as a whole. Slave Pit, Inc.’s failure to act with respect to a breach of these Terms of Use by you or others does not waive its right to act with respect to subsequent or similar breaches. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. In the event of the termination of these Terms of Use for any reason, you agree that all provisions which by their nature should survive termination will survive termination, including, without limitation, sections 4, 5, 6, 7, 13, 14, 15, 16, 20, and 21. You agree a violation of these Terms of Use may cause irreparable harm and damage to Slave Pit, Inc. for which no adequate remedy at law exists. For this reason, Slave Pit, Inc. will have the right, in addition to any other remedies available to it at law or in equity, to enjoin you in a court of equity from violating without having to prove damages or post bond. These Terms are the entire agreement between you and Slave Pit, Inc. regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.

How to Contact Slave Pit Inc.:

If you have any questions about these Terms of Use, the Sites, or to resolve a dispute, you can contact Slave Pit Inc. at:

Mail: Slave Pit Inc., Inc.

Attn: Slave Pit Inc. Website

PO Box 5225

Richmond, VA 23220

Email: slaveclub@aol.com

Phone: 804-337-3629

These Terms of Use were last updated on July 12, 2018.