TribalScorpion3.com Website Terms and Conditions of Use
This Site is operated by TribalScorpion3.com. You may contact us at: TribalScorpion3@TribalScorpion3.com.
TribalScorpion3.com provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the TribalScorpion3.com Web site (the "Site") under certain terms and conditions.
All publicly recognizable characters, settings, etc. are the property of their respective owners. The original characters and plot are the property of the author. No money is being made from this work. No copyright infringement is intended. For detailed copyright-information please visit our copyright-page.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). We reserve the
right, at our discretion, to update or revise these Terms of Use. Please check
the Terms of Use periodically for changes. Your use of this site following the
posting of any changes to the Terms of Use will be deemed your acceptance of
such change(s).
AGREEMENT TO USER CONDUCT RULES
You agree to abide by TribalScorpion3.com User Conduct Rules, including but not
limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
1. is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy or publicity
rights, tortious, or otherwise violates TribalScorpion3.com rules or policies;
2. infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling;
4. contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
5. contains information, material, or pictures of any person who is not both
older than eighteen (18) years old and over the age of majority in such person's
state, providence, or country of residence.
You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. TribalScorpion3.com generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, TribalScorpion3.com and its agents have the right at their sole discretion to remove any content that, in TribalScorpion3.com judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. TribalScorpion3.com is not responsible for any failure or delay in removing such content.
LINKS
AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not under
TribalScorpion3.com control, and you acknowledge that TribalScorpion3.com is not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites. The inclusion of such a link does not
imply endorsement of the site by TribalScorpion3.com or any association with its
operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available on this site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and by other laws and that their use is restricted
by the terms of this Agreement. TribalScorpion3.com, the TribalScorpion3.com
product and service names are trademarks and/or service marks of
TribalScorpion3.com and are owned exclusively by TribalScorpion3.com. You will
not display or use the TribalScorpion3.com Marks, in any manner, without
TribalScorpion3.com prior permission. Except as expressly authorized by
TribalScorpion3.com, you agree not to sell, resell, exploit for any commercial
purposes, license, rent, modify, distribute, copy, reproduce, duplicate,
transmit, publicly display, publicly perform, publish, adapt, edit, or create
derivative works from any portion of such materials or content. Notwithstanding
the above, you may print or download one copy of the materials or content on
this site on any single computer for your personal, non-commercial use, provided
you keep intact all copyright and other proprietary notices. Systematic
retrieval of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without written
permission from TribalScorpion3.com is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in these Terms of
Use is prohibited.
USER'S
GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1. Grant TribalScorpion3.com and its affiliates and licensees the
world-wide, royalty free, irrevocable, non-exclusive, and fully sublicensable
right and license to use, reproduce, display, perform, adapt, modify, alter,
distribute, have distributed, and promote the content in any form, anywhere and
for any purpose; and
2. warrant and represent that you own or otherwise control all of the rights to
the content and that public posting and use of your content by
TribalScorpion3.com will not infringe or violate the rights of any third party.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in
a way that constitutes copyright infringement, you may notify
TribalScorpion3.com. Click
here
for instructions.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated
by information or material that is accessible on this site, you may notify
TribalScorpion3.com. Click
here
for instructions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
TRIBALSCORPION3.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE
CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT
LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS
OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRIBALSCORPION3.COM, ITS SUBSIDIARIES, MEMBERS OR
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
TRIBALSCORPION3.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, TRIBALSCORPION3.COM LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold TribalScorpion3.com, and its parent,
subsidiaries and affiliates and their respective officers, directors, agents,
co-branders and other partners, contractors, and employees, harmless from and
against any and all claims, expenses, and demands, including attorneys' fees,
made by any third party due to, arising out of, or asserted in connection with
your use or misuse of this Site, including claims relating to content you
submit, post to or transmit through this site, and your connection to and use of
this Site. TribalScorpion3.com reserves the right to have control of any defense
and control of any matter otherwise subject to indemnification by you. You agree
to cooperate with TribalScorpion3.com in asserting any available defenses.
INTERNATIONAL USE
TribalScorpion3.com makes no representation that materials on this Site are
appropriate or available for use in any particular locations, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this Site from any location do so on their own initiative, at
their own risk, and are responsible for compliance with local laws. If you use
this Site in a jurisdiction that prohibits or restricts such use, your use will
be subject to, without limitation, any other provision of the Terms of Use, and
TribalScorpion3.com shall not have any liability with respect to such use.
CHOICE
OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Colorado, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising
out of or relating to these Terms of Use or your use of this Site shall lie only
in the state courts of Georgia in Fulton County or the Northern District of
Georgia federal court, and you further agree to and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and TribalScorpion3.com with respect to this site and
supersedes all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and TribalScorpion3.com with respect
to this Site. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
TERMINATION
TribalScorpion3.com reserves the right, in its sole discretion, to terminate
your access to all or part of this Site, with or without notice, for any reason,
including, without limitation, if TribalScorpion3.com believes that you have
violated or acted inconsistently with the letter or spirit of these Terms of
Use. This includes TribalScorpion3.com right to terminate a user's ability to
post materials to the Site. You acknowledge that TribalScorpion3.com shall not
be liable to you or any third party for any termination of your access to this
Site.