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guide:terms_of_service [2012/05/05 06:51]
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guide:terms_of_service [2018/10/23 18:17] (current)
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-====== Terms of Service ​====== +====== Terms and Conditions ​======
-//By registering for or continuing to use this website, you agree that you are legally and socially obligated to comply with the terms of service. If you do not accept this agreement you may not access or use StarArmy.com or its services.// We reserve the right to update this policy at any time without notice.+
  
-==== General ==== +Last updated: May 232018
-  - **You will not use the website for any purpose that is unlawful**fraudulent or contrary to the policies of StarArmy.com,​ and you will cooperate fully with StarArmy.com to investigate any suspected unlawful, fraudulent or improper activity. +
-  - **You will not use the website in any manner that harasses another member** or could interfere with any other party'​s use or enjoyment of the website. You will respect the privacy of others and not use the website for unwelcome, rude or abusive communications,​ including the creation obscene, offensive, tasteless, defamatory or hateful member names or content. +
-  - **You will not attempt to gain unauthorized access** to any member account information,​ computer systems or networks associated with the website, or attempt to obtain any information or materials relating to the website through any means not intentionally made available through the website. +
-    - Your accounts are yours alone; **Do not share your account password** with anyone. +
-    - No one is allowed to ask for the password of another user. +
-  - **You will not encourage others to violate** the StarArmy.com policies.+
  
 +Please read these Terms and Conditions ("​Terms",​ "Terms and Conditions"​) carefully before using the http://​stararmy.com website (the "​Service"​) operated by Star Army ("​us",​ "​we",​ or "​our"​).
  
-==== Intellectual Property ==== +Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
-StarArmy.com prohibits the unauthorized ​use of copyrighted materials!+
  
-You will not use StarArmy.com ​or its services to transmit, store, or provide links to any material that infringes copyrighted works or violates ​the intellectual property rights. StarArmy.com will terminate members who infringe or are believed ​to be infringing ​the rights of copyright holders.+By accessing ​or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission ​to access ​the Service.
  
-=== Infringement Remedy ​=== +===== Communications =====
-If you believe that your work has been copied in a way that constitutes copyright infringement,​ please provide StarArmy.com listed below with the following information required under 17 U.S.C. § 512.+
  
-  - A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringedand 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. +By creating an Account ​on our serviceyou agree to subscribe ​to newslettersmarketing ​or promotional materials ​and other information ​we may sendHoweveryou may opt out of receiving anyor all, of these communications from us by following ​the unsubscribe link or instructions provided in any email we send.
-  - Identification of the copyright work claimed ​to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification,​ a representative list of such works at the website. +
-  - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, ​and information ​reasonably sufficient to permit StarArmy.com to locate the material (a URL). +
-  - Information reasonably sufficient to permit StarArmy.com to contact the complaining partyincluding a nameemail addresstelephone number and a mailing 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.+
  
-Notice of claims of copyright infringement on or regarding this website can be sent to [[[email protected]|The Admin]]+===== Subscriptions =====
  
-=== Members'​ Intellectual Property === +Some parts of the Service ​are billed on a subscription basis ("​Subscription(s)"​). You will be billed ​in advance on a recurring ​and periodic basis ("​Billing Cycle"​). Billing cycles are set either on a monthly or annual basisdepending on the type of subscription plan you select when purchasing a Subscription.
-Your original creations here are your own and will remain your own property, but once you add them to Star Army, they'​re also the community'​s to use; by participating ​in the Star Army community, you agree to assign Star Army an irrevocable,​ non-exclusive, ​and royalty-free license to utilize the content you submit ​(such as wiki editsforum posts, image uploads, and characters) giving Star Army the ability to use the material ​you contribute in the same way its owner would (including but not limited to public display, making derivative works, and using it in commercial works to raise funds for the Star Army community). This allows the other site members to build upon each others'​ ideas and also protects the site continuity by preventing anything from being suddenly removed.+
  
-If you wish to use Star Army's content, ​or content derived from Star Army's intellectual property (such as a Nekovalkyrja character), you need to first obtain ​Star Army's permission.+At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless ​you cancel it or Star Army cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ​Star Army customer support team.
  
 +A valid payment method, including PayPal, is required to process the payment for your Subscription. You shall provide Star Army with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information,​ you automatically authorize Star Army to charge all Subscription fees incurred through your account to any such payment instruments.
  
-====== Notice of Limited Liability ====== +Should automatic billing fail to occur for any reason, Star Army will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- Use of StarArmy.com is at your own risk and we are not liable ​for damages.+
  
-StarArmy.com is not responsible for the content that is presented through member-controlled portions of the website or the forums. While the administration takes reasonable efforts to moderate user-posted content to appropriate topics, we cannot control what members post. StarArmy.com does not make any claims nor guarantee the truth, accuracy, completeness,​ safety, timeliness, quality, appropriateness,​ legality or applicability of anything said or written by members. Any information you choose to reveal about yourself to other members is done at your own risk, and we are not liable for any interruptions or errors in the service we provide to you. StarArmy.com is provided "as is" and disclaims any warranties, expressed or implied.+===== Fee Changes =====
  
-If you have a legal dispute with another memberor suffer any harm arising out of or connected with any StarArmy.com,​ you waive all claims against ​and release StarArmy.com from any and all liability for claimsdemands, damages (actual and consequential),​ costs and expenses (including litigation costs and attorneys' ​fees) of every kind and nature, known and unknown, suspected and unsuspected,​ disclosed and undisclosed,​ arising out of or in any way connected with StarArmy.com. California residents, you waive your rights under California Civil Code §1542. Residents of other states waive their rights under their own state'​s corresponding laws. Under no circumstances ​will StarArmy.com be liable to you for any damages, whether they be exemplary, consequential,​ indirect, incidental, or special, arising out of in connection to the use of the StarArmy.com website, products, or services (whether or not StarArmy.com has been advised of the possibility of such damages).+Star Armyin its sole discretion ​and at any timemay modify the Subscription ​fees for the SubscriptionsAny Subscription fee change ​will become effective at the end of the then-current Billing Cycle.
  
-====== Notice ​of Severability ====== +Star Army will provide you with a reasonable prior notice ​of any change in Subscription fees to give you an opportunity ​to terminate your Subscription before ​such change becomes effective.
-If any provision of this policy is held to be invalid or unenforceable,​ such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. StarArmy.com'​s failure to act with respect to a breach by you or others does not waive StarArmy.com'​s right to act with respect to subsequent or similar breaches. The failure of StarArmy.com to exercise or enforce any right or provision of these terms and conditions shall //not// constitute a waiver of such right or provision.+
  
 +Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
 +
 +===== Refunds =====
 +
 +Certain refund requests for Subscriptions may be considered by Star Army on a case-by-case basis and granted in sole discretion of Star Army.
 +
 +===== Content =====
 +
 +Our Service allows you to post, link, store, share and otherwise make available certain information,​ text, graphics, videos, or other material ("​Content"​). You are responsible for the Content that you post on or through the Service, including its legality, reliability,​ and appropriateness.
 +
 +By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
 +
 +You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
 +
 +Star Army has the right but not the obligation to monitor and edit all Content provided by users.
 +
 +In addition, Content found on or through this Service are the property of Star Army or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
 +
 +===== Accounts =====
 +
 +When you create an account with us, you guarantee that you are above the age of 18 (or 16 to 18 under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
 +
 +You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
 +
 +You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
 +
 +===== Copyright Policy =====
 +
 +We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("​Infringement"​) of any person or entity.
 +
 +If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement,​ please submit your claim via email to [email protected],​ with the subject line: "​Copyright Infringement"​ and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"​
 +
 +You may be held accountable for damages (including costs and attorneys'​ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
 +
 +===== DMCA Notice and Procedure for Copyright Infringement Claims =====
 +
 +You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512 ( c )(3) for further detail):
 +
 +  * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright'​s interest; ​
 +  * a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 
 +  * identification of the URL or other specific location on the Service where the material that you claim is infringing is located; ​
 +  * your address, telephone number, and email address; ​
 +  * a 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner'​s behalf. ​
 +
 +You can contact our Copyright Agent via email at [email protected]
 +
 +Our registration number is DMCA-1027208 and can be verified at https://​dmca.copyright.gov/​osp/​home/​welcome.html
 +===== Intellectual Property =====
 +
 +The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Star Army and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Star Army.
 +
 +===== Links To Other Web Sites =====
 +
 +Our Service may contain links to third party web sites or services that are not owned or controlled by Star Army
 +
 +Star Army has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/​individuals or their websites.
 +
 +You acknowledge and agree that Star Army shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
 +
 +We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
 +
 +===== Termination =====
 +
 +We may terminate or suspend your account and bar access to the Service immediately,​ without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
 +
 +If you wish to terminate your account, you may simply discontinue using the Service.
 +
 +All provisions of the Terms which by their nature should survive termination shall survive termination,​ including, without limitation, ownership provisions, warranty disclaimers,​ indemnity and limitations of liability.
 +
 +===== Indemnification =====
 +
 +You agree to defend, indemnify and hold harmless Star Army and its licensee and licensors, and their employees, contractors,​ agents, officers and directors, from and against any and all claims, damages, obligations,​ losses, liabilities,​ costs or debt, and expenses (including but not limited to attorney'​s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
 +
 +===== Limitation Of Liability =====
 +
 +In no event shall Star Army, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
 +
 +===== Disclaimer =====
 +
 +Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE"​ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability,​ fitness for a particular purpose, non-infringement or course of performance.
 +
 +Star Army its subsidiaries,​ affiliates, and its licensors do not warrant that a) the Service will function uninterrupted,​ secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
 +
 +===== Exclusions =====
 +
 +Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
 +
 +===== Governing Law =====
 +
 +These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
 +
 +Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
 +
 +===== Changes =====
 +
 +We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
 +
 +By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
 +
 +===== Contact Us =====
 +
 +If you have any questions about these Terms, please contact us.
 +
 +  * By email: [email protected]
guide/terms_of_service.1336225871.txt.gz · Last modified: 2014/04/16 15:45 (external edit)