Terms Of Use

[Daelin]

DEATH COMPANY

Terms Of Use

Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

Some general rules:
1. We reserve the right to remove, at any time and without notice, any content from the Service;
2. Refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances or illegal activities;
3. Your subscription to the Service is intended for your individual and personal use only. You may not share, license, sub-license, sub-lease, parse, pass-on or in any other way attempt to share, extend or monetize your access to the Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
7. Contact your ISP regarding any inappropriate activities by you on the Service

We reserve the right to immediately terminate or suspend anyone who fails to abide by these Terms Of Use.


1. Content On Our Sites

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animations, are subject to copyright and trademark law. You may NOT modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the material or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice and contact an officer of Death Company.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of:
1. Displaying Your Content on our sites,
2. Distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
3. Storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than Death Company, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.


2. Third-Party Sites, Products And Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.


3. Subscription Terms of Service

If you have subscribed to a paid service, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user (referred to herein as "you," "your," and/or "yourself") and Death Company (also referred to herein as "our," "us," and "we"). If you do not wish to be bound by these Additional Terms of Use or by the Death Company Terms of Use and/or the Death Company Privacy Policy, then you must discontinue your use of The Service.


4. Promotional trial subscriptions

We may occasionally offer promotional trial subscriptions to The Service for free or at special discounted prices. If you sign up for a trial subscription, your subscription will be either:
1. automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel before the end of the trial period;
2. terminated, unless you successfully sign up for a paid subscription, depending on the terms of your trial subscription.


5. Protection of Your Password; Unauthorized Access

Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. Accessing or attempting to access any user account not belonging to you without permission is prohibited. Accessing another user's account in this manner is grounds for a permanent ban of all accounts from the site.


6. Registration Requirements

In order to post messages on our message boards, view boards with level restrictions, and use other advanced services, you must register using a valid e-mail address and follow all required registration confirmation procedures. No posting privileges will be granted until the account is fully activated.


7. Community Rules

Death Company is an expansive clan of gamers of every age, whose talents and skills span every medium, subject and ability.

As the guiding force of this large and vibrant clan we have two primary and often conflicting goals in the service we provide for you, the members of our online community:
1. To ensure that members are free to express themselves within reason with as few restrictions as possible while nurturing an environment of creativity, learning, talent and freedom.
2. To protect the members of the community, to the best of our abilities, from infringement of copyright, discrimination, harassment, bias and prejudice.

All members of the Death Company community are expected to be familiar with these rules of etiquette and they will be enforced evenly and without bias or favoritism in every situation which is brought to the attention of the Administration regardless of the membership status of the user in question.

It is our policy to welcome gamers of all levels, from amateur to professional, and to that end we do not attach any minimum standards or levels of skill on those in our membership. All gamers are welcome providing they comply with our etiquette and policies.

Our administrators, during the course of their routine duties, may elect to move one or more of your threads from one board into a different, more appropriate category; we ask that you accept this decision gracefully and with a mature attitude. If you desire a full explanation for this action, or if you feel the administrative action was performed in error, you should submit an inquiry to a Death Company officer and include a link to the relevant thread.


8. Prohibited Commentary

Prohibited commentary is typically considered to be inherently disrespectful, aggressive, or otherwise abusive.

We must insist that you refrain from comments which are racist, bigoted, or which otherwise offensively target a philosophy or religion. In addition we ask that our members avoid making offensive remarks based on gender or sexual preference and that you do not make any remark, comment or critique which is intended to be a direct insult to an individual or group. Hate propaganda is met with zero tolerance. Comments which are overly aggressive, personally insulting or needlessly abusive are also prohibited.

If you feel that you have been the target of harassment, personal insults or other severe behavior please notify a Death Company officer. Please be aware that the Administration will only directly intervene in cases which are considered severe.


9. Discouraged Commentary

Discouraged commentary is typically considered to have the potential to escalate into an aggressive or abusive situation.

While not strictly prohibited we must insist that all personal arguments, disagreements, and other volatile “personal” issues within be confined to private communications such as Personal Messages (PM's), emails, or Instant Messaging (IM) programs. Likewise we discourage public accusations and other similar situations; please bring all issues of this nature to the attention of the Administration.


10. Exploitive Commentary

Exploitive commentary is typically considered to be disruptive due to unusual or unique factors.

Do not ‘spam’ (send large numbers of identical notes or comments). Spamming is obnoxious and is typically used for self-promotion, or other unwanted advertising.

Do not ‘flood’ (place large numbers of comments rapidly on a single page or craft a single comment which consumes a large amount of page space) the forums, notes system, userpages or other areas of the site. Flooding usually disrupts page loading times and serves no useful purpose.

[Daelin]

11. Forum Posting

In addition to the outlines in the above section entitled Prohibited Commentary and Exploitive Commentary we have a few additional policies regarding comments and posts within the Death Company forums:
1. All threads started within a specific forum and all comments within those threads should be generally relevant to the forums Title.
2. We encourage interactivity and we allow comments to be either positive or negative in nature providing that they remain constructive and promote a worthwhile dialogue.
3. We insist that forum threads adhere to what is considered acceptable subject matter (i.e. no racist threads, etc).

It is important to remember to be as clear in your intent as possible while communicating on the internet. Text communications do not afford a clear representation of sarcasm. Please use common sense when posting to avoid confusion. Threads which are misplaced, which contain inappropriate subject matter, or which contain an undesirable number of insults or other violations of this etiquette policy will be locked and closed to further commentary.


12. Exploits, Vulnerabilities, and Site Abuse

Death Company will not tolerate attempts to exploit or disrupt the layout, navigability, or general use of our websites. Such actions disrupt the ability of the community to access our websites, and is considered Site Abuse.

We will issue no warnings for violations of this nature. Violators will be banned immediately upon the discovery of the disruption or abuse.


13. Prohibited Conduct On Our Sites

The following conduct is not allowed on our message boards, in instant messages, chat rooms, voice channels, user profiles, private messages, feedback forms, reviews, or inside hosted game servers:

Offensive Material
Users may not transmit or encourage others to transmit material or links to material considered patently offensive in nature. This includes, but is not limited to using vulgar, profane, or sexually explicit language; using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult; using threatening, harassing, defamatory, hate-speech, or libelous language; and posting, requesting, or otherwise sharing material considered pornographic, obscene, graphic, or hate speech.

Flaming
Flaming is a hostile and insulting interaction between Internet users. Communications clearly insulting other users, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: name-calling; direct insults and orders; insinuations; or insults towards family.

Trolling (inciting Flaming, and/or Flamebaiting)
Flamebait is a message posted to a public Internet discussion group, such as a forum, newsgroup or mailing list, with the intent of provoking an angry response (a "flame") or argument over a topic. Messages intended solely to annoy and/or offend other users by going against the clear nature of a board, topic or chat room are not allowed. This includes, but is not limited to: provoking other users to respond with flames; provoking fans of a particular system or game, especially on boards or topics dedicated to that system or game; making misleading topic titles; asking obviously useless questions; and posting false information as fact.

Illegal Activity
Communications that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing: illegal copies of copyrighted software; methods of circumventing copyright protection; illegal copies of copyrighted music, movies, videos, or any other type of media; reprints of material from other web sites; or methods of cheating in online games

Advertising
Messages that clearly advertise a service or product are not allowed. This includes, but is not limited to: unsolicited commercial or personal web site advertisements: For-Sale/For-Trade/For-Auction/Wanted: notices; "Make Money Fast" scams, chain letters, and pyramid schemes; or any referrer-ID based sites (including both games and free-item marketing sites). Users are allowed to include their web site address in a signature, request comments on their personal site in a social setting, or provide, only once, an interesting or relevant link to another site.

Off-Topic Postings
The main purpose of the message boards and chat rooms within the Service is to provide discussion forums and opportunities for various video and computer games and their systems. Topicality is expected and will be enforced on all message boards and chat rooms not noted as purely social in nature. There is a special "General" section for posting all remotely unrelated material.

Disruptive Behavior
Behavior that disrupts the Service for other users, intentional or not, are prohibited. This includes, but is not limited to: messages or topic titles that force browsers to scroll horizontally; large blank or content-free messages; "bumping" multiple older topics (posting in them well after the last post); posting multiple identical or near-identical messages or topics, including "fad" posts or topics; intentionally hard-to-read topic titles or posts (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation); posting multiple hard-to-read or nonsensical messages in a single or multiple topics; posting large ASCII art (except in social topics specifically calling for it); or post counting (i.e. "First", "100th Post"). Shouting or otherwise creating noise in an active voice channel is considered disruptive behavior.

Plot Spoilers
Posting "spoilers" (critical plot details) about games, movies, time-delayed broadcast events, or other media in the title of a topic or in a message without a clear notice is prohibited. To discuss such information in a topic, users should leave the title of the topic as vague as possible, ensuring that no mention of the actual spoiler itself is included, and include a warning (i.e. "SPOILER") in the topic title. In a message post in a non-marked or otherwise unexpected topic, users should leave several blank lines in a post after a warning before revealing any vital plot information.

Flooding, Invading, and Board Wars
Flooding a board or chat room with multiple disruptive topics or messages; invading another board (flooding a board as a group with multiple topics or messages); instigating, participating in, or retaliating in an invasion of a message board or any other online service; announcing or inciting a "war" or any conflict with the regular members of another board.

Impersonation
Impersonating other users by creating and/or using a user account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another member is strictly prohibited.

Harassment/Stalking/Privacy
Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Service, with or without use of explicit or implicit threats is strictly prohibited. Posting contact or other private information of any person (Service user or not) is also prohibited.


14. Multiple Accounts

No user may have more than one account. All known accounts held by that user and/or all accounts using the same computer(s) may also be banned at the administrators' discretion.


15. Violations and Penalties

Topics and messages that violate these Additional Terms of Use will be deleted from the boards and additional penalties may be applied at our moderators' discretion. Re-posting deleted violations (yours or those of others) is also considered a violation.

Messages and topics may be removed at any time and for any reason at the sole discretion of our editors and designated moderators. User accounts may be warned, suspended, or revoked at any time and for any reason at the sole discretion of our editors and our designated moderators. All determinations of what is "acceptable" and "unacceptable" content will be determined solely by our editors and moderators.

Intentional, repeated, or severe violations are cause for the banning of your account, all use of the boards from your IP address or your entire ISP. In such event, we also reserve the right to contact your ISP concerning your activities.


16. Contacting You

We may contact you via e-mail or postal mail to provide you with information about the Service or your account or to provide you with information about special offers available only to Service subscribers.


17. No Warranty; Limitation of Liability

The Service, any software we may provide for the purpose of interacting with the service (the "Software") and all related documentation are being provided to you "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the Software or on Service will meet your requirements. We do not warrant that the Service or the Software will be uninterrupted, error free or free of viruses or other harmful components. We are not responsible for content posted by our users. No oral or written information or advice given by us or any of our authorized representatives shall create a warranty or in any way increase the scope of this warranty. The above exclusions will not apply in any jurisdiction that does not allow the exclusion of implied warranties.


18. Requests To Remove Content From Our Sites

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.


19. Appeals & Inquiries

Appeals, inquiries, or questions concerning thread removals, violation notices, account suspensions, or other administrative actions should be addressed to an officer of Death Company, where they will be forwarded to the appropriate department for review.


20. Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Death Company and govern your use of our sites and Services, superceding any prior agreements that you may have with us.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT
1. OUR SITES WILL MEET YOUR REQUIREMENTS,
2. OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE,
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND
5. ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL DEATH COMPANY, ANY PARTNER OF DEATH COMPANY THAT MAY BE INVOLVED IN THE DISTRIBUTION OR PROVISION OF THE SOFTWARE OR THE SERVICE, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE ABOVE EXCLUSIONS WILL NOT APPLY IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.


As new situations come to our attention we may find it necessary to alter or expand upon the policies stated here with little or no notification and any such changes may be enforced in full against previously existing submissions or behavior. We may modify these Terms at any time without notice to you by posting revised Terms on our sites.