Content that triggers moderation becomes public!FictionDepot.com (Herein referred to as “the website”) operated by International Gaming Association (hereafter referred to as “we”, “us” and “our”) has prepared this agreement which is agreed to by any user of our services. Users of our services include anyone who is a guest to the site or a member and is herein referred to as the “Customer”, “YOU” and “YOUR”. Use of the service constitutes agreement to these terms. Concerns regarding this agreement should be directed to:
1. Services. Subject to the terms of this Agreement, the Company is providing a publically accessible message board, image sharing service and related services to the Customer.
2. Usage and Information.
You may use the Company’s services for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law. You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful or damaging content. This information is deemed at the discretion of us and in certain cases selected moderators from the website which may be any other user. Information flagged for review of this nature becomes a matter of public record.
You are expressly prohibited from compiling and using other Users' personal information, including depictions of their likeness (pictures), names, addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the any purpose. You are prohibited from disseminating confidential information on this website. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.
4. Customer Information. The Customer represents and warrants to The Company that the information he, she, or it has provided, and will provide to The Company for purposes of establishing and maintaining the service is accurate. The Company may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer’s account until the Customer has provided a written notice changing the Primary Customer Contract.
5. Indemnification. The Customer agrees to indemnify and hold harmless The Company, The Company’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer’s services in violation of applicable law or the AUP by the Customer or any person using the Customer’s log on information, regardless of whether such person has been authorized to use the services by the Customer.
6. Disclaimer of Warranties. The Company DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW The Company DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
7. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF The Company AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR THREE MONTHS OF SERVICE.
8. Suspension/Termination. (a) Suspension of Service. The Customer agrees that The Company may suspend services to Customer without notice and without liability if: (i) The Company reasonably believes that the services are being used in violation of the agreement; (ii) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the agreement; (iii) The Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency or (v) for the protection of its employees or agents if customer threatens or otherwise makes an attempt to force the Company or its agents to perform some action notwithstanding upon this agreement. If Article five is enacted the customer may also be reported to law enforcement personnel as deemed necessary by the Company. (b) Termination. The Agreement may be terminated by The Company without further notice and without liability as follows: (i) the Customer materially violates any other provision of the Agreement and fails to cure the violation within the set time frame on the policy enforcement notice from The Company describing the violation in reasonable detail; (ii) if the Customer is found to be a threat to other Customers. The Company also reserves the right to terminate the customer with no reason. This is only used in extreme cases.
9. Requests for Customer Information. The Customer agrees that The Company may, without notice to The Customer, (i) report to the appropriate authorities any conduct by the Customer or any of the Customer’s customers or end users that The Company believes violates applicable law, and (ii) provide any information that it has about the Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
10. Changes to the Company’s Network. Upgrades and other changes in The Company’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the Customer’s hosted content and/or applications. The Company reserves the right to change its network in its commercially reasonable discretion, and The Company shall not be liable for any resulting harm to the Customer.
11. Notices. Notices to the Company under the Agreement shall be given via electronic mail. For Customers with no electronic mail address on file any Notice will be posted on the Services front page. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his, her or its notice address by accessing the control panel of the Service.
12. Force Majeure. The Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Company’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, “acts of god“, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
13. Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Oregon, exclusive of its choice of law principles, and the laws of The United States. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE SELECTED BY THE COMPANY, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
14. Miscellaneous. The customer grants the company non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish their content for the purposes of serving that content to users of the service. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. The Company may assign the Agreement in whole or in part.
15. Service for Minors. Customers under the age of 18 are not allowed to sign-up for our service. By agreeing to the Terms of Service, you agree that you are over the age of 18.
16. Severability. A portion of this agreement deemed to be unenforceable, or illegal, will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.