TERMS AND CONDITIONS OF USE OF WEBSITE AND SERVICES OF DESTINYQUEST
You should carefully read the following Terms of Service Agreement (“Agreement”) before using any website (“Site”) and services (“Services”) of DestinyQuest® (“The Company”).
1. BINDING EFFECT.
This is a legally binding agreement. By using the Site or any Services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by The Company from time to time in its sole discretion and without specific notice to you. The Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
2. USERS UNDER 16 YEARS OLD.
Any User with a valid email address will be able to register with and make posts on the Message Board/Forums. While it is against our rules to post personally identifiable information on our forums and our Moderators enforce those rules, it is possible for a User to do so. Thus, if you are a parent or legal guardian and would prefer that a minor does not have access to the Message Board/Forums, please do not allow them to register or continue to access the Message Board/Forums.
3. NOTE TO PARENTS.
The Company strongly encourages parents and legal guardians to take an active role in supervising Internet use by their children, protecting their children's privacy, and preventing inappropriate uses of information about their children. Parents and legal guardians are fully responsible for compliance with this Policy and for any use of the online services on this Site by their children.
4. CODE OF CONDUCT.
By registering or using the Site in any way, you agree to the following:
a. You agree not to harass or threaten other members;
b. You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
c. You agree not to impersonate any Staff Member and Forum Moderator;
d. If asked by a member of Staff to stop or change a behaviour or action, you will do so immediately;
e. You agree not to transmit or make available on the Site any advertising, promotional materials or any other forms of solicitation;
f. You agree not to transmit any material that contains viruses, worms, traps or malicious computer code;
g. You agree not to display an avatar on the Site that could be interpreted as threatening, abusive, defamatory, obscene, hateful or racially or ethnically offensive;
h. You agree not to use any DestinyQuest trademark, logo, service mark or other tradename, or any variation or misspelling thereof, in Your domain name(s) or any other part of Your Universal Record Locator (URL);
i. You agree not to purchase, register, bid on or utilize any DestinyQuest® trademark, logo, service mark or trade name, or any variation or misspelling thereof, in connection with any pay-for-placement or pay-per-click search engine system, including without limitation, Google AdWords and Yahoo! Sponsored Search.
5. PROHIBITED USES.
The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a account that you are not authorised to access;
(b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorisation;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.
6. USER INFORMATION.
You are required to register to access and use the Message Board/Forums, during which you will be asked to complete the registration process by providing the complete and accurate information requested on the online registration form, which includes your email address, a user name and password. If you provide any information that is untrue, inaccurate or could be construed as harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive by The Company and/or other Members, The Company may decide to suspend or terminate your access to the Message Board/Forums.
7. PASSWORD SECURITY.
You are responsible for maintaining the confidentiality of your Password and you will be held responsible for all uses of your Password, whether or not authorised by you. Also, note that the security of your account is your responsibility. The Company is not responsible in the event that your account is “hacked”, or if your account or your computer is damaged by a virus, or of any other issues with your computer or your account. You agree to notify The Company immediately on any unauthorised use of your account, user name, or password. If you report your account stolen, hacked, or in any way compromised, The Company will suspend the account while the matter is investigated. Following this investigation, The Company will determine an appropriate course of action in its sole and absolute discretion. Importantly, The Company shall not be liable for any loss or changes in your account that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by The Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
8. COPYRIGHT.
The Site or Service are copyrights or registered copyrights as follows: Copyright © 2010 Michael Ward. All rights are reserved. Such content shall include, but is not limited to: all artwork, downloadable content and story text on the Site, trailers, banners, wallpapers, and any other media distributed pursuant to license.
9. TRADEMARK.
DestinyQuest is a registered trademark of Michael John Ward. Unlawful use of The Company trademark, “DestinyQuest”, is strictly prohibited.
10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement.
11. INAPPROPRIATE CONTENT.
The Company does reserve the right, at The Company’s sole discretion, to remove or edit any Content that violates the terms of this Agreement. You shall not make the following types of Content available, regardless if the Content is in the form of chat sessions and comments. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
12. ALLEGED VIOLATIONS.
The Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if The Company believes that you have violated any of the Terms of Use, furnished The Company with false or misleading information, or interfered with use of the Site or the Service by others.
13. NO WARRANTIES.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
14. LIMITED LIABILITY.
THE COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
15. AFFILIATED SITES.
The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners, advertisers and affiliates whose Internet sites may be linked with the Site. This will include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. Because neither The Company nor the Site has control over the content and performance of these partner and affiliate sites, The Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and The Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. You acknowledge that when you click on a link that leaves the Company Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that The Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
16. INDEMNITY.
You agree to indemnify The Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. FORUMS & COMMUNICATIONS.
"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Company Site. If you participate in any Forum within a Company Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to the Site by way of any Forum is routed through The Company’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
18. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Company or by any third party.