Terms of Use Agreement
Last Revision:
August 08, 2010
This Agreement includes Clan Site Manager's policy for acceptable use of the
Clan Site Manager Services and Content posted on the [BLZ] Website, your rights,
obligations and restrictions regarding your use of the Clan Site Manager Services and
[BLZ]'s Privacy Policy. The services offered by
[BLZ] include the Clan Site Manager website, and any other features,
content, or applications offered from time to time by Clan Site Manager
.
Clan Site Manager may modify this Agreement from time to time and any change in
this agreement shall be effective upon posting on the [BLZ] Website
without prior notice. You agree
to be bound to any changes to this Agreement when you use the [BLZ]
website
after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.
Special Personal Profile Restrictions
Please choose carefully the information you post on [BLZ] and that
you provide to other Users. [BLZ] may not post publicly the following
items to your personal page unless it is required by a design component of the Clan Site Manager
website: telephone numbers, street addresses, and any photographs
excessively violent, harassing, containing nudity, or obscene, lewd, sexually
explicit or otherwise inappropriate subject matter. Despite this prohibition,
information provided by other [BLZ] Members (for instance, in their
Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit
material, and Clan Site Manager assumes no responsibility or
liability for this material.
[BLZ] reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the [BLZ]
website at
any time, for any reason, without prior notice, and without
liability.
- Eligibility. Use of and Membership on the [BLZ]
website is void where prohibited. By using the [BLZ] website, you
represent and warrant that;
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- You are 13 years of age or older; born on or before 9/12/1997.
- Your use of the
[BLZ] website does not violate any applicable federal or state law
and/or regulation.
- Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 13 years of age.
- Term. This Agreement shall remain in full force and
effect while you use the our services, or are a member of [BLZ]. Clan Site Manager may
terminate your membership or site access at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect, including
sections 5-15.
- Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on
[BLZ] or
through the Clan Site Manager Services. Clan Site Manager reserves the right to
investigate and take appropriate legal action against anyone submitting,
posting, linking or in any way displays prohibited content on Clan Site Manager
Services.
Restricted/Prohibited Content:
- Harasses or advocates harassment of another person;
- is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a
link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for
unlawful purposes from other Users;
The following is a partial list of the kind of activity that is illegal
or prohibited on the [BLZ] Website and through your use of the Clan Site Manager
Services. [BLZ] reserves the right to investigate and take appropriate
legal action against anyone who, in [BLZ]'s sole discretion, violates
this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited
to:
- criminal activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the any advertisements we may place on your
personal profile page;
- any automated use of the system, such as using scripts to post comments
or messages;
- attempting to impersonate another Member or person;
- interfering with, disrupting, or creating an undue burden on the
Clan Site Manager Services or the networks or services connected to the Clan Site Manager
Services;
- using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
- using any information obtained from the Clan Site Manager Services in order to
harass, abuse, or harm another person;
- displaying an advertisement on your profile; or
- using the [BLZ] Services in a manner inconsistent with any and all
applicable laws and regulations.
- Password. When you create your account, you will be asked to choose a password.
Your password is designed for only you to know. You agree not to use the
account, username, or password of another registered member at any time. You agree to notify Clan Site Manager
immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your
account.
- Content Posted.
- [BLZ] may delete any Content that in the sole judgment of
[BLZ] violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
Spruz Inc. assumes no responsibility for monitoring the [BLZ]
website for inappropriate Content or conduct.
- You are solely responsible for the Content that you post to or
on any of the [BLZ] website. Clan Site Manager does not endorse and has no control over the Content.
Content is not necessarily reviewed by [BLZ] prior to posting and
does not necessarily reflect the opinions or policies of Clan Site Manager.
[BLZ] makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
- Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to
Clan Site Manager, members or posted
on
Clan Site Manager hosted sites without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
Clan Site Manager to terminate access privileges of any one who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to Clan Site Manager by the copyright owner or the copyright owner's legal
agent.
- Member Disputes. You are solely responsible for your
interactions with other [BLZ] Members. [BLZ] or Spruz Inc reserves the right,
but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Clan Site Manager Services
or [BLZ] website is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
- Disclaimers. Clan Site Manager is not responsible for any
incorrect or inaccurate Content posted on the [BLZ] Website or in
connection with the Clan Site Manager Services, whether caused by Users of the Clan Site Manager
Services or by any of the equipment or programming associated with or
utilized in the Clan Site Manager Services. Profiles created and posted by Members on
the [BLZ] Website may contain links to other websites. Clan Site Manager is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Clan Site Manager. Inclusion of any linked website
on the [BLZ] Services does not imply approval or endorsement of the linked
website by Clan Site Manager. When you access these third-party sites, you do so
at your own risk. Clan Site Manager takes no responsibility for
third party advertisements which are posted on [BLZ] Website or through the
Clan Site Manager Services, nor does it take any responsibility for the goods or
services provided by its advertisers. Clan Site Manager is not responsible for the
conduct, whether online or offline, of any User of the Clan Site Manager Services.
Clan Site Manager assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Clan Site Manager is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Clan Site Manager Services or combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Clan Site Manager Services. Under no circumstances shall
Clan Site Manager be responsible for any loss or damage, including personal injury
or death, resulting from use of the Clan Site Manager Services, attendance at a
Clan Site Manager event, from any Content posted on or through the Clan Site Manager
Services, or from the conduct of any Users of the Clan Site Manager Services, whether
online or offline. The Clan Site Manager Services are provided "AS-IS" and as
available and Clan Site Manager expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Clan Site Manager cannot guarantee and
does not promise any specific results from use of the Clan Site Manager Services.
- Disputes. If there is any dispute about or involving
the Clan Site Manager Services, you agree that the dispute shall be governed by the
laws of the State of Tennessee, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in the
state and federal courts of the United States located in the State of
Tennessee, City of Knoxville.
- Copyright infringement. If you believe that your work has been
copied and posted on the Clan Site Manager Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located
on the Clan Site Manager Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; (vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Clan Site Manager's
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, Spruz Inc., PO Box 1086,
Seymour, TN 37865; Attn: Copyright Agent; and
email: copyright@spruz.com.
- Limitation on Liability. IN NO EVENT SHALL Clan Site Manager
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Clan Site Manager HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, Clan Site Manager'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Clan Site Manager FOR THE Clan Site Manager
SERVICES DURING THE TERM OF MEMBERSHIP.
- Indemnity. You agree to indemnify and hold Spruz Inc,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Clan Site Manager Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the Clan Site Manager Website or through the Clan Site Manager Services causes
Clan Site Manager to be liable to another.
- Other. This Agreement is accepted upon your use of the
Clan Site Manager Website or any of the Clan Site Manager Services and is further affirmed by
you becoming a Member. This Agreement constitutes the entire agreement
between you and Clan Site Manager regarding the use of the Clan Site Manager Services. The
failure of Clan Site Manager to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal
or contractual effect. Spruz is a trademark of Spruz, Inc. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
BY READING THIS AGREEMENT OR REGISTING AN ACCOUNT ON THIS WEBSITE YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS
HEREIN.
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