JordAnime
Jordan's the name, Anime's the Game
Posts: 6,753
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« on: November 02, 2006 » |
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ACCEPTANCE OF TERMS This Terms of Use agreement sets forth the terms and conditions for using the websites of The Hylia. This Terms of Use agreement constitutes a legally binding agreement between you and The Hylia. Please read this agreement carefully before using any of the The Hylia Websites, registering for any services offered by The Hylia, making any purchases, or activating any account with us. By using the The Hylia Websites, you agree that you have read the Terms of Use agreement, understand it and agree to be bound by its terms and conditions, as we may amend from time to time and post on the The Hylia Websites. Your use of the The Hylia Websites signifies your agreement to these Terms of Use. Likewise, your continued use of any of the The Hylia Websites after revisions have been posted indicates your acceptance of such revisions.
PRIVACY The Hylia will never violate your rights to privacy and all information collected on The Hylia sites will be used solely for the purpose of intended functions necessary to enable you full enjoyment of The Hylia sites. We will never disclose personal information to third party entities.
CHILDREN Although children under 13 may view the The Hylia Websites, we do not permit children under 13 to register for services, like our discussion forums without a COPPA release form signed by a parent or guardian. We encourage parents or guardians to supervise Internet activity of all children under 18.
PROPRIETARY RIGHTS The Hylia owns all right, title and interest in and to the material appearing on the The Hylia Websites, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of The Hylia's trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.
PERMITTED USE Your accessing and viewing of the The Hylia Websites is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of the The Hylia Websites for your own personal, non-commercial use, no other uses are permitted.
USER CONDUCT FOR DISCUSSION FORUMS The The Hylia Websites offer a number of discussion forums, which include chat areas, message boards and/or e-mail functions. You must be 13 or over to participate in the discussion forums. Prior to participation, we require users to register and provide a username, password and e-mail address. Because of the public nature of the forums, we recommend that you exercise discretion in the type of information you decide to post in our discussion forums. We have no control over the privacy practices of any forum user. Likewise, we have no control over the content posted by the users of the forums and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to The Hylia staff. Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the discussion forums at any time for any reason.
By participating in the discussion forums, you agree that you will not post any content that:
1. Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
2. Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
3. Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights or any other laws;
4. Does not relate to the subject matter of the discussion forum for which you have registered;
5. Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
6. Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
7. Is commercial in nature of constitutes advertising.
8. The posting of unmarked spoilers is not allowed. For the purpose of The Hylia sites and forums, the statute of limitations on a spoiler for any entity expires after the entity in question has been released for six months. We go by North American release dates.
9. Signatures on this forum may not cause horizontal scroll bars on an 800x600 monitor resolution. You can have as many images as you'd like by they cannot occupy a space larger than 500x200 and the images must not exceed 150k total.
10. Personal information should be kept to your personal profiles only. You may access somebody's website, name, location, age or IM handle through their profile or by looking at the bottom of their posts and clicking the appropriate icon. Please do not post any of this information in a thread or post, though, as this will be spam and it faciliates the collection of your information by third parties whom may use this information in a malicious way. This rule is for your protection.
By posting content to any of the discussion forums, you automatically assign to The Hylia all right, title and interest in an to such content and grant The Hylia the right to use your name or identifying information in connection with such posted content. Although we have no obligation to monitor content, we reserve the right to delete or edit content that you may have submitted at any time for any reason.
USER RESPONSIBILITIES It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of the The Hylia Websites from any users that use your account. You agree to notify The Hylia immediately of any unauthorized account use or security breach. The Hylia disclaims all liability arising from your failure to keep your account information and password secure.
DISCLAIMER THE THE HYLIA WEBSITES AND RELATED SERVICES ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE THE HYLIA WEBSITES, THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH SUCH SITES. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE HYLIA DOES NOT WARRANT THAT USE OF THE THE HYLIA WEBSITES WILL BE UNINTERRUPTED, SECURE, FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE THE HYLIA WEBSITES IS SOLELY AT YOUR RISK.
THIRD-PARTY WEBSITES LINKED TO OR FROM THE THE HYLIA WEBSITES ARE NOT CONTROLLED BY THE HYLIA. THE HYLIA EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST THE HYLIA REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT. LIMITATION OF LIABILITY
THE HYLIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE THE HYLIA WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF THE THE HYLIA WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE THE HYLIA WEBSITES.
INDEMNIFICATION You agree to indemnify and hold The Hylia and its subsidiaries, affiliates, partners, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorney fees and costs, made by any third party arising out of your use of the The Hylia Websites, and content you may have posted, any violation of any third party rights, any violation of the Terms of Use, or any violation of any other law.
GENERAL These Terms of Use and the relationship between you and The Hylia shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any action relating to these Terms of Use will be brought exclusively in the federal or state courts located in Los Angeles, California, and you consent to the personal jurisdiction of such courts. No failure or delay by The Hylia in exercising any right under these Terms of Use will operate as a waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the The Hylia Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred. The section titles in these Terms of Use are for the convenience of the parties only and have no legal or contractual effect. These Terms of Use, including the Privacy Policy and the Forum Agreement incorporated herein by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. You shall not assign your rights or obligations hereunder without The Hylia's prior written consent.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL The Hylia respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the The Hylia Websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:
1. A physical or electronic signature of the owner of the allegedly infringed copyright (or such person's authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
3. A description of the material on the The Hylia Websites (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and, if available, an electronic mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
The Hylia does not guarantee that any complained-of content will be deleted or modified.
TERMINATION These Terms of Use are effective until terminated by either party. The Hylia may, in its sole discretion, without notice to you, suspend or terminate your use of the The Hylia Websites or terminate any account or registration for any discussion forum. You may terminate these Terms of Use at any time, by discontinuing use of the The Hylia Websites. However, you are still liable for any violations of the Terms of Use prior to any termination. The Hylia shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of access or use of the The Hylia Websites.
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