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AvatarVault's Terms of Use Agreement Between the User and AvatarVault The AvatarVault web site is a gaming community tool/utility owned and operated by AvatarVault and RedleSetGo! Enterprises, its members, and other third parties. This Terms of Use applies to the AvatarVault web site and does not apply to the content of third parties. The AvatarVault web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AvatarVault web site and services constitutes your agreement to all such terms, conditions and notices. Privacy and Protection of Information See the AvatarVault.com Privacy Policy for disclosures relating to the collection and use of your personal information. Modifications of these Terms of Use AvatarVault reserves the right to change the terms, conditions, and notices under which the AvatarVault sites/services are offered, including but not limited to any charges associated with the use of the AvatarVault sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the site. Your continued use of the AvatarVault sites/services constitutes your agreement to all such terms, conditions, and notices. Links to Third Party Sites The AvatarVault sites/services may contain links to third party web sites ("linked sites"). The linked sites are not under the control of AvatarVault and AvatarVault is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. AvatarVault is not responsible for webcasting or any other form of transmission received from any linked site nor is AvatarVault responsible if the linked site is not working appropriately. AvatarVault is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AvatarVault of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within the AvatarVault sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AvatarVault shall not be responsible or liable for any part of any such dealings or promotions. No Unlawful or Prohibited Use As a condition of your use of the AvatarVault sites/services, you will not use the AvatarVault sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AvatarVault sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AvatarVault sites/services in any manner that could damage, disable, overburden, or impair any AvatarVault sites/services or interfere with any other party's use and enjoyment of any AvatarVault sites/services. You may not attempt to gain unauthorized access to any AvatarVault site/service, other accounts, computer systems or networks connected to any AvatarVault site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AvatarVault sites/services. Use of Services The AvatarVault sites/services may contain e-mail services, forums, communities, calendars, file storage and/or other private and/or public message or communication facilities designed to enable you to communicate with other (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the communication service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a real-life race, religion or nation, or that insults the victims of crimes against humany by contesting the existince of those crimes. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Use any material or information, including images or photographs, which is made available through the AvatarVault sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Use of meta tag searches on the web sites. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Download any file posted by another user of a Communcation Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a AvatarVault site/service or other user or usage information or any portion thereof. AvatarVault has no obligation to monitor the Communication Services. However, AvatarVault reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AvatarVault reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason (and without providing a reason) whatsoever. AvatarVault reserves the right at all times to disclose any information as AvatarVault deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AvatarVault's sole discretion. Liability Disclaimer AVATARVAULT(www.avatarvault.com) MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE AVATARVAULT SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AVATARVAULT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT AVATARVAULT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AVATARVAULT SITE/SERVICE. YOU SPECIFICALLY AGREE THAT AVATARVAULT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AVATARVAULT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A AVATARVAULT SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL AVATARVAULT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AVATARVAULT SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE AVATARVAULT SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE AVATARVAULT SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE AVATARVAULT SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVATARVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AVATARVAULT SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AVATARVAULT SITES/SERVICES. Storage Space and Other Limitations You agree that AvatarVault may establish limits concerning the use of any AvatarVault service offered on a AvatarVault site, including without limitation the maximum number of days that forums messages will be retained by any AvatarVault service, the maximum number of forum threads that may be active for any given forum, the maximum number, durability, or size of any information stored for a given period of time. You agree that AvatarVault has no responsibility for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any AvatarVault service. You acknowledge that AvatarVault reserves the right to log off accounts that are inactive for an extended period of time. AVATARVAULT MAKES NO WARRANTY THAT ANY AVATARVAULT.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Termination/Access Restriction AvatarVault reserves the right, in its sole discretion, to terminate your access to any or all AvatarVault sites/services and the related services or any portion thereof at any time, without notice. AvatarVault may also terminate or suspend your access to AvatarVault sites/services for inactivity, which is defined as failing to log into a particula service for an extended period of time, as determined by AvatarVault. The amount of time that AvatarVault currently considers as an "extended" period of time may be determined by writing the webmaster nd requesting that information. Upon termination of the AvatarVault sites/services, your right to use the AvatarVault sites/services immediately ceases. AvatarVault shall have no obligation to maintain any content or to forward any unread or unsent messages to your or any third party. General Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AvatarVault with respect to the AvatarVault sites/services and it supersedes all prior or contemporaneous communcations and proposals, whether electronic, oral or written, between the user and AvatarVault with respect to the AvatarVault sites/services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. Last revision date: 2/7/05 |
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