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General.
FlashDevils Community,.
(this "Site") is pleased to give you access to this web site
free of charge. Your use of this web site (this "Site"), and
all information, products (including software and associated documentation
("Software")) and services on this Site (collectively, the
"Services") are subject to the binding legal terms ("Terms")
set forth or incorporate by reference below (this "Agreement").
You understand we may update these Terms from time to time without giving
you any notice. Unless we let you know by giving you notice, any new
features or updated Services that we put on the Site will be subject
to these Terms. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO AND
CONSENT TO BE BOUND BY EACH OF THE TERMS; PROVIDED YOU, OR THE INDIVIDUAL
ACCEPTING BELOW ON YOUR BEHALF AS A PARENT OR LEGAL GUARDIAN ("you"
OR "your,") MUST BE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT
AGREE AND CONSENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY
PURPOSE. ALL SERVICES ARE PROVIDED "AS IS" AND/OR "AS
AVAILABLE."
The Site contains links to other web sites. Your use of such other web
sites is subject to the terms of use, if any, contained within each
such web site. If there is any conflict between the Terms set forth
below and any terms or notices set forth on any other web site, then
the terms of such other web site will control your use of that web site.
Please review the terms of use for each web site so that you understand
all of the terms that will apply.
In order to use the Services, you need Internet access. You also need
equipment to access the Services, including computer, modem and other
devices. You agree to pay for Internet access and the equipment needed,
and FlashDevils Community is not responsible for any of these costs. Some parts
of the Site may contain mature or adult content intended for people
who are at least 18 years old. If you view this adult content, we understand
that you are telling us that you are at least 18 years old and that
the material you are viewing is acceptable to you. Parental control
protections (such as computer hardware, software or filtering services)
are commercially available that may assist parents in limiting access
to content that may be harmful to minors. For more information on parental
control protections click here.
Privacy.
Any
information that we may collect from you during your use of the Site
is subject to our Privacy Policy. For the full text of our Privacy Policy,
please click here.
Registration.
When
you sign up to use FlashDevils Community, you will be asked to give us some information
about yourself. If you are not registered with us, please click here
to register and become eligible for our extensive membership benefits.
During the registration process, you agree to give us true, accurate
and complete information about yourself, and to update this information
when it changes. If you do not update it, we may suspend or terminate
your use of the Site as explained below. Any personal information that
you provide to us is subject to the terms of our Privacy Policy. Please
click here to read our Privacy Policy.
Account
Information and Password Protection.
When
you sign up, you will select a user name and a password so that you
can access your account with us. You agree that you will keep this information
confidential. You are completely responsible for activities regarding
your account and password. You agree to log off of the Services at the
end of each session to prevent fraud on your account by third parties.
If you think there has been unauthorized use of your account or password,
you agree to immediately notify FlashDevils Community and cooperate with us to resolve
it. You understand that if you do not follow the terms of this paragraph,
we may suspend or terminate your use of this Site as explained below.
You understand that we are not responsible in any way, and will not
be liable to you or to any third person, if you do not comply with the
terms of this paragraph.
How
You Can Use the Services.
You
may use the Services on the Site for your personal, non-commercial use.
You may make a single copy of the individual screens you see when you
use the Services, but only for your personal use, and not for further
distribution or transfer to others. You may not-and agree not to-modify,
reformat, copy, display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information, products or
services obtained from the Services, except as set forth below.
Grant of Limited Non-Exclusive License of Software
If
You accept to this Agreement, You are permitted to use one (1) copy
of the Software program(s), in executable or object code form only,
including without limitation the data files, images, games, and screen
displays (the "Software"), included in this download, or on
a disk, CD, or other media, for Your personal use. This license does
not authorize You to sell, lease, rent, or otherwise transfer the Software
to any other person or entity, to copy the printed materials accompanying
the Software, or to print copies of any user documentation provided
in "online" or electronic form, except for Your own personal
use. The Software is in "use" on a computer when it is loaded
into temporary memory (i.e., RAM) or installed into the permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that computer.
Installation on a network server constitutes "use" pursuant
to the terms of this Agreement and is a violation of this Agreement
without further consent to You obtained from FlashDevils Community.
License Limitations
The
Software is licensed to You, not sold. Therefore, You may not copy,
distribute, rent, lease, "trade in," barter, loan, grant a
security interest in, or otherwise transfer any rights whatsoever in
the Software to any other individual or entity. You may not reverse
engineer, de-compile, or disassemble the Software, except where such
limitations are prohibited by law. You may not modify or create derivative
works based upon the Software. Any persons copying or reproducing all
or any portion of the Software or Accompanying Materials, except as
specifically provided above, whether printed, electronic or otherwise,
in any manner or medium, will be willfully violating the copyright laws
and may be subject to civil and criminal penalties.
All rights in the content, information, and materials accessed through
the Services or through the Software are the property of the applicable
content owner and may be protected under applicable law. The license
granted to You under this Agreement gives You no rights in such content,
information, or materials.
Intellectual Property Ownership
FlashDevils Community
and/or its licensors retains all right, title, and interest to the Software
and/or any accompanying instructions or other documentation (regardless
of the medium), whether printed, electronic, or otherwise (collectively,
the "Accompanying Materials"), including, but not limited
to, all copyrights, trademarks, trade secrets, trade names, trade dress,
proprietary rights, patents, titles, computer codes, audiovisual effects,
themes, characters, character names, stories, dialog, settings, icons,
artwork, sound effects, musical works, and moral rights related to the
Software and/or the Service, as between You and FlashDevils Community. The Software
and Accompanying Materials are protected by United States copyright
law and applicable copyright laws and treaties throughout the World.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER
FlashDevils Community PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Protecting Children.
The
safety of children is very important to us. FlashDevils Community is a general audience
web site that complies with the Children's Online Privacy Protection
Act. When a child under age 13 attempts to register with FlashDevils Community,
we ask that they have a parent or guardian establish an account. This
is to ensure that the parent or guardian consents to the collection
and use of personally identifying information from that child. FlashDevils Community's
children's accounts allow parents to review, edit and delete information
relating to their child's use of FlashDevils Community's services. If a parent wishes
to refuse to permit further collection or use of their child's information
by FlashDevils Community, that parent can send an e-mail to webmaster@flashdevils.com
to request deletion of their child's account.
FlashDevils Community strives to create a truly safe place for children on the Internet
and over the airwaves. Parental control protections (such as computer
hardware, software or filtering services) are commercially available
that may assist parents in limiting access to content that may be harmful
to minors. For more information on parental control protections click
here.
Your Postings to this Site.
On
some parts of our Site, you can post or tell us your comments on a given
topic, or start a new topic for others to respond to. If you post anything,
you guarantee to us that:
You have legal rights to post your material and it will not violate
any law or the rights of any person; and
You are at least 18 years old if you are in an "adults only"
area.
All information and materials of any kind, including graphics, text
or otherwise posted by someone on our Site ("Member Content")
are subject to the following terms:
By posting Member Content you give us the royalty-free, irrevocable,
perpetual, worldwide right to: allow other people to use the Member
Content as described in these Terms; and to use, distribute, display
and create derivative works from this Member Content, in any and all
media, in any manner, in whole or in part, without any restriction or
responsibilities to you;
You will not post Member Content for commercial purposes including,
without limitation, to advertise, offer or solicit offers to sell or
license Member Content to any third person or entity;
You understand that we are not responsible for the truth, completeness,
objectivity or usefulness of any Member Content, nor do we endorse any
Member Content;
We do not verify the identity of people using our Site, and you assume
the risk of believing any Member Content you read;
We do not screen, monitor, edit or review Member Content. We do have
the right to monitor or remove any Member Content at any time and without
notice if we believe it will improve our Site. We can also suspend or
terminate use of the Services by anyone who does not follow these Terms.
Conduct of Members and Visitors.
We
believe that all members and visitors benefit from basic rules regarding
conduct while using the Services so that everyone feels free to share
opinions and ideas. The free flow of ideas is jeopardized when a few
individuals act irresponsibly. To help everyone have a positive experience,
we ask-and you agree-to follow the following basic rules of conduct
when using the Site:
You
will follow these Terms and all applicable laws;
You will never give your password to anyone (no FlashDevils Community employee will
ask for it) and you will not provide your billing or credit information
except to make a purchase;
You will not harass, threaten or abuse other people when using the Site
in any manner;
You will not interfere with others' use of the Site, including by interrupting
other users' sessions, scrolling down (automatically or manually) to
make it difficult for them, or otherwise act in a way that negatively
affects other users' enjoyment of the Services;
You will not post any Member Content that is obscene or may be hateful
or offensive on racial, ethnic, sexual or any other grounds; is harmful,
vulgar or distasteful; or is defamatory, libelous, or invades another
person's privacy or proprietary rights;
You will not attempt to harvest any screen names of e-mail addresses
for any commercial use;
You will not collect or store personal information about any other individual
on the Site, or otherwise stalk, repeatedly contact or harass another
user;
You will not impersonate any other person or misrepresent a relationship
with any person or entity, including misrepresenting a relationship
with FlashDevils Community; similarly, you will not adopt a false identity if the
purpose of doing so is to deceive or defraud another;
You will not use the Services to harm minors in any way, or encourage
interactions with minors of a sexual nature;
You will not manipulate the Services so as to hide your identity or
participation in Services on the Site (by using another person's identity,
changing headers, or otherwise modifying any other possible identifier);
You will not post any Member Content that contains any viruses, cancel
bots, Trojan horses, harmful code, or other computer software or program
designed to interrupt the Services we provide, users' ability to enjoy
the Services, or the proper functioning of any software, hardware or
equipment or materials used in connection with the Services;
You will not send any bulk unsolicited advertising, promotional information,
e-mail or other solicitation (including without limitation junk mail,
"spam," chain letters or pyramid schemes of any sort) to any
person through the use of the Services, except in areas that specifically
authorize you to do so (auction forums, for instances);
If you violate any of the guidelines set forth above, or any other aspect
of these Terms, we reserve the right to suspend or terminate your rights
to use the Services without giving you any notice.
Disclosure of Your Identity.
From
time to time we may receive requests to disclose the identities of our
users. We do not disclose the identities of our users unless we are
legally required to do so or obtain your consent.
If a governmental agency (for example, the Securities and Exchange Commission,
law enforcement agencies, US Attorneys' offices or similar governmental
agencies) sends us a subpoena, we will comply with it. If we receive
a subpoena by a third party that is not a governmental agency (for example,
a subpoena in connection with civil litigation), we will contact the
user whose identity has been requested using the contact information
the user provided during the registration process. We will wait 10 days
after notifying the user before complying with the subpoena, unless
the subpoena requires us to disclose this information before then. If
we cannot wait 10 days because of the deadline in the subpoena, we will
let the user know the deadline included in the subpoena when we provide
notice that we received it.
Indemnity.
You
understand that you are personally responsible for your behavior while
on the Site and agree to indemnify and hold FlashDevils Community and its affiliates
and their officers, directors, employees and agents harmless from and
against any loss, damage, liability, cost or expense of any kind (including
attorneys' fees) that we may incur in connection with a third party
claim or otherwise, in relation to your use of the Services or access
to the Site, or your violation of either these Terms or the rights of
any third party.
Disclaimer of Warranties.
YOU
UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM
THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM
YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND
THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE
FROM THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE THAT FLASHDEVILS COMMUNITY MAKES NO WARRANTY THAT THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT
FLASHDEVILS COMMUNITY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF
THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER
ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN
THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, FLASHDEVILS COMMUNITY DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS
AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Liability
Disclaimer.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FlashDevils Community
OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS
THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES,
OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED
ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS,
ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED
USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN
IF FLASHDEVILS COMMUNITY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT,
UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination.
We
can terminate your access to the Site or the Services at any time. We
may also remove any Member Content that you post without cause and without
notice to you.
We can also change these Terms at any time, without notice, and your
continued use of the Services after any change we make will mean that
you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY
CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY
PURPOSE.
Copyrights.
All
content on the FlashDevils Community website is: © FlashDevils Community 2001-2002. All
rights reserved. FlashDevils Community takes the protection of intellectual property
rights, including copyrights, very seriously. FlashDevils Community will terminate
your access to, or use of, the Site and/or the services, without notice
to you, if you infringe or misappropriate the intellectual property
rights, including copyrights, of others. If you are a copyright owner
who believes that certain content available on FlashDevils Community infringes your
copyright, please see our Copyright Dispute Resolution Mechanism by
clicking here. If you desire to use any of the material contained on
FlashDevils Community's web site not authorized by this Agreement, you may seek
permission by clicking here.
Trademarks.
You
agree that FlashDevils Community™ and logos and designations of FlashDevils Community are
service marks and trademarks of FlashDevils Community. Other product and company
names mentioned on the FlashDevils Community web site may be the service marks or
trademarks of FlashDevils Community or their respective owners.
Miscellaneous.
These
Terms are the entire agreement between you and FlashDevils Community. They supersede
any and all prior or contemporaneous agreements between you and FlashDevils Community
relating to your use of the Site or the Services. If any part of these
Terms is determined to be invalid or unenforceable, it will not impact
any other provision of these Terms, all of which will remain in full
force and effect. These Terms are governed by, and will be interpreted
in accordance with, the internal laws of the State of California, without
regard to any choice of law provisions. You agree that, with the exception
of injunctive relief sought by FlashDevils Community for any violation of FlashDevils Community'
proprietary or other rights, any and all disputes relating to these
Terms, your use of the Site or the Services shall be resolved by arbitration
in accordance with the then-current rules of the American Arbitration
Association (the "AAA") before an independent arbitrator designated
by the AAA. The location of arbitration shall be Orange County, California,
USA. You can direct any questions concerning these Terms to:
Legal Department - Terms of Use
FlashDevils Community
Attention: Legal Department
webmaster@flashdevils.com
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