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Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GEMYND, LLC OFFERS YOU PRODUCTS AND SERVICES. BY PRESSING THE "SUBMIT REGISTRATION" BUTTON,
YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Welcome to membership registration for Storm World Online (the
"Website", owned by Gemynd, LLC). This User Agreement, as may be amended, and any
Addenda you may subsequently accept (the "Agreement") describe the terms and conditions
applicable to your membership account (the "Account"). We may amend this Agreement
at any time by posting the amended version on our Website and announcing its availability
on our home page. In this case, such amendments will be effective when announced.
1. You are eligible for a membership account if you are
13 or over. If you are under 18, your parent or guardian must accept this agreement
on your behalf by pressing the "Submit Registration" button. You are responsible
for paying all applicable taxes and for all hardware, software, service and other
costs you incur to access your Account. We may add, delete or change some or all
of the services provided for free as part of Storm World Online Membership at any time.
2. We may terminate your Account immediately if you breach
this Agreement, if you infringe third party intellectual property rights, or if
we are unable to verify or authenticate any information you provide to us. Membership
may be terminated if any game is abused. Alternatively, we reserve the right to
reduce membership from Premier to Basic (applying all restrictions which accompany
that change) if a breach in the Agreement has occurred. If applicable, no refund
will be paid. Punishment for breach is determined by Gemynd, LLC, and exceptions
to punishment may vary on a case by case basis. In addition, we may terminate your membership if it has not been used (logged in) in more then 90 days and you have not upgraded to Premium membership.
3. You may not transfer or share your Account with anyone.
You may not disclose your password to any third parties. Corporate subscribers must
have one Account for each participating employee; employees may not share Accounts.
4. ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS." WE
AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR
UNINTERRUPTED ACCESS TO YOUR ACCOUNT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
FROM STATE TO STATE.
5. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR
ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED
TO THE AMOUNT OF FEES (IF ANY APPLIES) YOU PAID IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
6. By accepting this Agreement, you expressly consent
to certain disclosures of your personally identifiable and other personal information
to third parties, and to use of your information by us and third parties, as enumerated
in our then-current privacy policies, which are incorporated herein by reference.
Our current privacy policy is available at http://www.storm-world.com/Membership/privacy.aspx.
7. Through your Account, we provide you with unfiltered
access to other people's content. We cannot, nor do we try to, control the content
that you will receive. By its very nature, other people's content may be offensive,
harmful or inaccurate, and in some cases content will be mislabeled or deceptively
labeled. You should note that parental control protections are commercially available
and may assist you in limiting access to content that is harmful to minors. If you
are interested in learning more about these protections, information is available
at analogous sites providing information on such protections. We expect that you
will use caution-and common sense-when using your Account. Furthermore, you shall
comply with all applicable laws regarding your access to your Account.
8. The following applies to your content:
You are solely responsible for your content, and we act as a passive conduit for
your online distribution and publication of your information. However, we may take
any action with respect to your content if we believe it may create liability for
us or may cause us to lose (in whole or in part) the services of our ISPs or other
suppliers.
8.1 The content you distribute or request to receive (directly
or indirectly) through your Account, any products and services you may choose to
offer through your Account (if permitted to do so), and any username you select:
(a) shall not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (b) shall not violate
any law or regulation (including without limitation those governing export control,
unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be
obscene or contain child pornography or, if otherwise harmful to minors, shall be
distributed only to people legally permitted to receive such content; or (e) shall
not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information.
Adult content in forums may only be distributed in the Adult/Over18 forums. You
may not distribute unsolicited commercial messages ("spam") through your Account
or take any other action, which imposes an unreasonable or disproportionately large
load on our infrastructure, including without limitation, using excessive network
bandwith. In addition, you may not distribute spam that directs or encourages users
to visit our Website through the account of another provider. At our option and
without further notice, we may use anti-spam technologies, such as automatic word
and spam filters, that may terminate your messages without delivering them or prevent
messages from reaching you.
8.2 You hereby grant to us a worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right to exercise all copyright
and publicity rights, by all means and in any media now known or not currently known,
with respect to any content you provide to Storm World Online in any public space on
our Website. This includes but not limited to chat, forums, newsletter publications,
registries, submission based modules, contests, games.
8.3 In the instance of content hosting, you hereby grant
us the right to display your content on a content hosting and customer based level.
Any use of your hosted content for Storm World Online promotions or other Storm World Online
publications must first be consented by you through a written or verbal agreement
with Storm
World Online. This includes but not limited to web hosting.
8.4 If we see (or hear about) messages or other activities
that violate the rules, threaten the order or security of the system, or use this
system in ways we do not agree with, we will take appropriate action. Our editorial
control includes normal house-keeping activities like changing subject headers.
It may go beyond that.
8.5 If we discover *ANY* member violating any of OUR rules,
especially the provision against illegal activities, we will act firmly and swiftly.
Depending on the circumstances, the member involved will be warned, or simply locked
out. If the member has done anything to put us or other members in jeopardy, we
may contact the authorities.
9. Our website can be reached by members from around the
world. Each of these places has a different set of laws. Since we cannot keep track
of all of these laws and their requirements, you agree that the law of our own state,
Wisconsin (USA), will apply to all matters relating to this Agreement and to our
Membership system. In addition, you agree and consent that if you ever take legal
action against us, the courts of our own state, Wisconsin (USA), will have exclusive
jurisdiction over any such legal actions.
10. Feel free to express yourself, but do not do anything
to injure, insult or harm others. In particular, if you dislike someone else's ideas,
you can attack the ideas, but NOT the person. The views and opinions held by members
and staff are strictly their own, and are in no way to be construed as the opinions
of the Directors, or any other operator of this community. If anyone says or posts
anything that you find objectionable you may either disagree with them (in a CIVILIZED
manner), or simply ignore them.
11. We encourage free speech and self-expression, but
if you misuse that freedom (by abusing or insulting others), we will restrict your
access or terminate your Account. We would like to foster a friendly atmosphere
at Gemynd Online, where any person of any persuasion or age would feel welcome.
To that end, please refrain from using excessive profanity.
12. If you notice any users violating the terms and conditions
of this Agreement, you may notify us at: webmaster@storm-world.com.
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