Published on 09-22-2010 11:18
Number of Views: 20105
PlanetCalypsoForum.com Terms of Service
PlanetCalypsoForum.com (hereinafter "the Website") is an online discussion forum and community network where those sharing similar interests may interact with one another in member-led discussions. This Terms of Service Agreement (hereinafter “Agreement”) sets forth the terms of your use of the Website.
By using the Website, you signify that you unconditionally agree to be bound by this Agreement and that you will comply with the laws and regulations of Sweden and the United States and any applicable regulations. You further agree to comply with all local laws and rules regarding online conduct and acceptable content. If you do not agree to be bound by this Agreement, you must discontinue your use of the Website immediately. The administrators, owners and operators of PlanetCalypsoForum.com (hereinafter "Administrators") reserve the right to modify this Agreement at any time without giving prior notice to you. Therefore, you should regularly review this Agreement in order to determine the current Terms of Service. Any modification of the Agreement becomes effective upon posting of the modified Agreement. Your continued use of the Website signifies that you agree to be bound by the Agreement as modified.
All content included on the Website, including text, graphics, logos, buttons, icons, and images, is the property of the Administrators, or their licensors and is protected by Swedish, United States and international copyright and trademark laws. The compilation of all content on the Website is the exclusive property of PlanetCalypsoForum.com and is protected by Swedish, United States and international copyright laws. All software used on the Website is the property of the Administrators or their licensors and is protected by Swedish, United States and international copyright laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of the Website, or use the Website for any other purpose without the explicit written permission of the Administrators.
PlanetCalypsoForum.com, the PlanetCalypsoForum.com logo and all other trademarks, service marks, and trade names appearing on the site are the property of the Administrators or their respective owners that have granted the Administrators the right to use such marks.
You must be at least 13 years of age to use or become a registered member and user (hereinafter “Member”) of the Website. By using the Website, you certify that you are at least 13 years old. If you are older than 13 but less than 18 years of age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by this Agreement and be responsible for the conduct of the minor user that you are supervising.
You hereby agree to refrain from engaging in any inappropriate conduct when using the Website. Inappropriate conduct will not be tolerated and. without limiting any of the Administrators other rights in connection therewith, may result in the suspension or termination of member privileges and/or access to the Website without notice. Inappropriate conduct is any conduct deemed by the Administrators in their sole discretion to be harmful to the Website, the Administrators, or the online community, including but not limited to the following:
Additionally, all Members of PlanetCalypsoForum.com agree to abide by and adhere to the PlanetCalypsoForum.com Forum Rules.
- posting any content deemed by Administrators in their sole discretion to be obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
- posting any content (or hyperlinks to websites) containing pornography, nudity or violence;
- soliciting of personal information from anyone under 18 years of age;
- soliciting or promoting any criminal activity;
- posting content which promotes hatred of any race, ethnicity, sex, gender, or religion;
- transmitting unsolicited email to any member, moderator or administrator;
- impersonating any person or entity;
- posting advertisements or any other form of commercial solicitation without express authorization from the Administrator
- infringing the intellectual property rights of any third party, including copyright, trademark, patent, privacy, publicity or other personal or proprietary rights;
- posting any defamatory, libelous or otherwise false information;
- posting or transmitting computer viruses, software designed to modify the Website or collect information or any other malicious software;
- Modifying or disrupting or attempting to modify or disrupt the Website or create an unauthorized connection to the Website
ADVERTISING AND HYPERLINKED WEBSITES
The Website may contain advertising and hyperlinks to other websites. Your dealings with advertisers on the Website are solely between you and such advertiser. You agree that the Administrators are not responsible for any loss or damage incurred as a result of such dealings or the presence of such advertisers on the Website. If you leave the Website via a hyperlink, you do so at your own risk. We do not investigate the accuracy of content posted on such hyperlinked websites, nor monitor them in any way. The Administrators do not endorse or approve the opinions expressed ion any hyperlinked website or advertising, or the products or services available in any hyperlinked websites or advertising, and we are not responsible for the accuracy of the information or claims or offers provided therein or your reliance thereon. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in any hyperlinked websites.
MEMBER CONTENT/PERSONAL INFORMATION
Member Content Representations and Warranties
By placing material on the Website, including but not limited to posting content or communications in any bulletin board, forum, blog,message or chat area, or posting text, images, audio files or other audio-visual content to the site (hereinafter "Member Content"), you represent and warrant:
Member Content License
- you own or otherwise have all necessary rights to the Member Content you provide and the rights to provide it under these Terms of Service; and,
- other Member Content will not cause injury to any person or entity; and,
For all Member Content you post, upload, share or otherwise make available to the Website, you grant the Administrators and their assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, sell, copy, reproduce, distribute, publish, publicly display, modify, adapt, translate, archive, and store such Member Content, and create derivative works from such Member Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize the Administrators to share the Member Content across all websites affiliated with PlanetCalypsoForum.com and the Entropia Universe, to include the Member Content in a searchable format accessible by users of PlanetCalypsoForum.com and affiliated web sites, to place advertisements in close proximity to such Member Content, and to use your Member name, forum avatar and/or Member profile in connection with the use of the material you provide.
Member Content Screening and Removal
You acknowledge that the Administrators and/or its designees may or may not pre-screen, moderate or review Member Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, delete, block, alter, edit, or refuse any Member Content for any reason, without notice, including without limitation because, in the Administrator's sole discretion, such Member Content violates these Terms of Service, the PlanetCalypsoForum Rules, is otherwise objectionable, or is illegal in Sweden or the United States or any other jurisdiction.
Member Content Assumption of Risk
Your use of the Website, including, without limitation, the provision of Member Content and the review of Member Content is at your own risk. The Administrators cannot and do not monitor or manage all Member Content, and do not guarantee the accuracy, integrity, or quality of any Member Content. To the extent that the Administrators do monitor Member Content, you acknowledge that you have no expectation of privacy with respect thereto. In any case, you acknowledge and accept that you may be exposed to content that you find offensive, indecent and/or objectionable while using the Website. All Member Content provided to PlanetCalypsoForum.com is the sole responsibility of the person who provided it and the Administrators do not assume any liability therefor. This means that you are entirely responsible for all Member Content that you provide. To protect your safety and the safety of others, please use your best judgment when using the Website forums. The Administrators discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blog, message or chat area, or uploading text, images, audio files or other audio-visual content, you do so fully understanding that such information could be used to identify you.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Any individual or entity who believes that their copyrighted work has been infringed, or is aware of other infringing material on the Website, should use the Contact Form to provide the following information to the Administrators:
Following receipt of the information listed above, and provided your claim is not disputed, we will use reasonable efforts to remove or disable access to any infringing material and take reasonable steps to notify the member responsible for posting said material, provided that our inadvertent failure to do so will not be deemed a breach of this Agreement by us. The posting of infringing copyrighted material may result in the suspension or termination of Member privileges of the responsible Member or access to the Website without notice.
TERMINATION OF USAGE
The Administrators may terminate, delete or suspend your account and/or deny access to all or part of the Website, without notice, for any reason and at any time, in their sole discretion, including, without limitation, for any conduct that the Administrators, in their sole discretion, believe is in violation of any applicable law or is harmful to the interests of another Member, the Administrators, a sponsor, merchant or other third party, or the PlanetCalypsoForum.com community. Administrator will not be liable to you for any harm caused by the termination, deletion, or suspension of your account, denial of access to the Website, or the removal or editing of any Member Content or any other content from the Website.
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Information describing where the allegedly infringing material is located on the website.
- Your address, telephone number, and email address.
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
THE WEBSITE IS PROVIDED BY THE ADMINISTRATORS ON AN “AS IS” BASIS. THE ADMINISTRATORS MAKE NO WARRANTIESY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING THE ADMINISTRATORS DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR AND MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FOLLOWING: THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITE OR ANY HYPERLINKED WEBSITE;.THE OPINIONS EXPRESSED BY MEMBERS ON THE WEBSITE;THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITE; THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE WEBSITE; ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY MEMBER OR USER OF THE WEBSITE; AND DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITE; AND FOR ANY INABILITY TO ACCESS THE WEBSITE, INTERRUPTION IN SERVICE, ERRORS, VIRUSES OR DEFECTS.
LIMITATION ON LIABILITY
THE ADMINISTRATORS ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE ADMINISTRATORS, NOR ANY OF ITS AFFILIATES, OFFICERS, PARTNERS, LICENSORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USE, LOSS OR UNAUTHORIZED ACCESS OF DATA, OR COMPUTER MALFUNCTION, RELATED TO OR ARISING OUT OF THE WEBSITE OR HYPERLINKED WEBSITE, THE CONTENT CONTAINED THEREIN, OR THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, THE ADMINISTRATORS, ITS MEMBERS, MODERATORS, MANAGERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING FROM YOUR USE OF THE WEBSITE OR ANY HYPERLINKED WEBSITE.
OTHERThis Agreement constitutes the final agreement between you and the Administrators, superseding all prior agreements. By using the Website, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision which comes closest to fulfilling the purposes of this Agreement, and in any case, the remaining provisions of this Agreement will remain in full force and effect. The failure of the Administrators to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement. You agree that the laws of Sweden, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and the Administrators. Any action brought against the Administrators, its members, managers, employees, or agents
related to the use of the Website, must be brought in the courts of Sweden and you consent to the exclusive personal jurisdiction of such courts. Furthermore, the Administrators or you may demand that any dispute between you and the Administrators be submitted and finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute’s Rules”). The place of arbitration shall be Gothenburg, Sweden, and the arbitral proceedings shall be conducted in English.
Please Contact Us if you have any questions concerning this Agreement.
PlanetCalypsoForum Terms of Service Agreement effective as of January 27, 2011.
PlanetCalypsoForum Terms of Service Agreement last modified on November 19, 2011.
BY USING THE PLANETCALYPSOFORUM.COM WEBSITE, YOU SIGNIFY THAT YOU UNCONDITIONALLY AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.