Community Guidelines - Legal Version
This message board service ("RotoPlay message board ") is provided by RotoPlay, Inc. ("Company") to you ("You" or "User"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by the Company. These message boards are currently provided as a free service to users who agree to abide by the terms and conditions of this Agreement. The Company reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their access canceled and may permanently be banned from using RotoPlay message boards.
ENTERING A ROTOPLAY MESSAGE BOARD WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ROTOPLAY MESSAGE BOARDS.
Message Board Rules
You are entirely responsible and liable for all activities conducted by you. Listed below are some, though not all, violations that may result in the Company terminating your access. You agree not to do any of the following actions while using RotoPlay message boards:
Harass, threaten, embarrass, or cause distress or discomfort upon another participant, user, or other individual or entity;
Transmit via RotoPlay message boards any information, data, text, files, links, software, communication or other materials ("Content") that the Company considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
Impersonate any person, including but not limited to, a Company official or host;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing RotoPlay message boards or in connection with your use of RotoPlay message boards in any manner;
Invade the privacy or violate any personal or proprietary right of any person or entity;
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
Content
You and any user of your Member Name must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. The Company does not prescreen information posted to the RotoPlay message boards. The Company shall have the right, but not the responsibility, to remove Content that is deemed in the Company's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules the Company has in place at the time. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. The Company may elect at its sole discretion to monitor some, all, or no areas of RotoPlay message boards for adherence to this Agreement or the Company's rules. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information in any Content you find in the RotoPlay message boards. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other matters. The Company does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Trademarks, Copyrights and Restrictions
All materials on this site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") are protected by copyrights that are owned or licensed by the Company. RotoPlay, Inc. is a trademark of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from RotoPlay.com or any other Web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other Web site or other networked computer environment is prohibited without prior written permission from the Company.
Intellectual Property
You agree that you will transmit to and through the RotoPlay message boards only Content that is not subject to any copyright, trade secret or other intellectual property rights of others ("Rights"), or Content in which any holder of such Rights has given express authorization to you for distribution. The burden of determining that copyright or other Rights do not protect any material rests with you. You shall be solely liable for any damages resulting from any infringement of copyrights, or other Rights, or any other harm resulting from your uploading, posting or submission of Content. By submitting Content, you automatically grant, or warrant that the owner of such Content has granted, the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such content.
Monitoring
The Company shall have the right, but not the obligation, to monitor the content of the RotoPlay message boards to determine compliance with this Agreement and any other operating rules established by the Company. The Company shall have the right in its sole discretion to edit, or remove any material submitted to or posted. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right of the Company, you shall remain solely responsible for the Content posted. You acknowledge and agree that the Company shall not assume nor have any liability for any action or inaction by the Company with respect to any conduct, communication or posting.
Links
The Company is not responsible for the content of any sites that may be linked to or from RotoPlay.com. These links are provided for your convenience only and you access them at your own risk.
Disclaimer
By using this Web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement or for any content that is provided by you or through your Member Name and/or password. In cases where you have allowed any other individual to access the RotoPlay message boards through your password or have negligently made your password publicly available, you recognize that you are fully responsible for; the online conduct of such users; controlling the users' access; and the consequences of any misuse. You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
THE COMPANY'S SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Neither the Company, nor its officers, directors, employees, agents, successors, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's Web site.
Termination
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any message boards on its site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by the Company, your sole remedy is to terminate this Agreement. The Company may alter the terms of this Agreement at any time. Please refer to this Agreement from time to time for any updates the Company may make to this Agreement.
Jurisdiction
This site is controlled and operated by the Company from the Company's headquarters. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This agreement will be governed by and construed in accordance with the laws of the State of Delaware, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site will be brought in either the State or Federal Courts of the State of Delaware. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the site, and the Agreement will not be modified, except in writing, signed by both parties.
Questions, Comments and Complaints
Should you have any questions, comments or complaints regarding violations of this Agreement, please contact community@RotoPlay.com.
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