|
BayRPS Terms of Service
& Member Registration
1. ACCEPTANCE OF TERMS
Welcome to BayRPS. BayRPS provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOS at any time at: http://www.BayRPS.com/tos.htm.
In addition, when using particular BayRPS services, you and BayRPS
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
BayRPS currently provides users with access to a community submitted
Role Playing Game information through a collection of on-line
resources, including, various communications tools & online forms.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new BayRPS
properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that BayRPS assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Please be aware that BayRPS reserves the right to create certain areas
on the Service that contain adult or mature content. You must be at
least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or BayRPS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, BayRPS
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
BayRPS is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the
age of 13 who wish to allow their children access to the Service must
create a BayRPS account registered in the name of an parent adult 21yrs
or older. When you create a BayRPS account and allow your child access
to the account, you certify that you are at least 18 years old and that
you are the legal guardian of the child/children listed on the BayRPS
account. By giving your child access to your BayRPS account, you also
give your child permission to access all of the Services including,
email, message boards, clubs, instant messages and chat (among others).
Please remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or are appropriate for
your child.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation for email
services upon completing the member registration process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify BayRPS of
any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. BayRPS cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not BayRPS, are entirely
responsible for all Content that you upload, post, email or otherwise
transmit via the Service. BayRPS does not control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will BayRPS be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
|
a.
|
upload, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
|
|
b.
|
harm minors in any way;
|
|
c.
|
impersonate any person or entity, including,
but not limited to, a BayRPS official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a
person or entity;
|
|
d.
|
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service;
|
|
e.
|
upload, post, email or otherwise transmit any
Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
|
|
f.
|
upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any
party;
|
|
g.
|
upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose;
|
|
h.
|
upload, post, email or otherwise transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
|
|
i.
|
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
|
|
j.
|
interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
|
|
k.
|
intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
|
|
l.
|
"stalk" or otherwise harass another;
or
|
|
m.
|
collect or store personal data about other
users.
|
You acknowledge that BayRPS does not pre-screen Content, but that
BayRPS and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, BayRPS and
its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created by BayRPS or submitted to BayRPS, including without
limitation information in BayRPS Message Boards, BayRPS Clubs, and in
all other parts of the Service.
You acknowledge and agree that BayRPS may preserve Content and may
also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of BayRPS, its users
and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
7. PUBLIC CONTENT POSTED TO BAYRPS
(a) For purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public. By way of
example, a publicly accessible area of the Service would include public
BayRPS Clubs and BayRPS Message Boards, but would not include private
BayRPS Clubs or private BayRPS communication services such as BayRPS
Mail or BayRPS Chat.
(b) With respect to Content you elect to post for inclusion in
publicly accessible areas of BayRPS Clubs or that consists of photos or
other graphics you elect to post to any other publicly accessible area
of the Service, you grant BayRPS the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying,
distributing and promoting the specific BayRPS Club to which such
Content was submitted, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted to the
Service. This license exists only for as long as you elect to continue
to include such Content on the Service and shall be terminated at the
time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant BayRPS the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed.
8. INDEMNITY
You agree to indemnify and hold BayRPS, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use
of the Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BayRPS may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum disk
space that will be allotted on BayRPS's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that BayRPS has
no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that BayRPS reserves the
right to log off accounts that are inactive for an extended period of
time. You further acknowledge that BayRPS reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
11. MODIFICATIONS TO SERVICE
BayRPS reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that BayRPS shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
12. TERMINATION
You agree that BayRPS, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if BayRPS believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. BayRPS may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that BayRPS may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that BayRPS shall not be liable to you or
any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
BayRPS shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because BayRPS has no control
over such sites and resources, you acknowledge and agree that BayRPS is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
BayRPS shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
15. BAYRPS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by BayRPS
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
BayRPS grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by
BayRPS for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
|
a.
|
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BAYRPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
|
|
b.
|
BAYRPS MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
|
|
c.
|
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
|
|
d.
|
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM BAYRPS OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
|
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAYRPS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAYRPS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service.
20. COPYRIGHTS and COPYRIGHT AGENTS
BayRPS respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide BayRPS's
Copyright Agent the following information:
- an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- a description of the
copyrighted work that you claim has been infringed;
- a description of where
the material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a 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;
- 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.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and BayRPS and
govern your use of the Service, superceding any prior agreements
between you and BayRPS. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and BayRPS shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and BayRPS agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of San Mateo, California. The failure of
BayRPS to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to GM@BayRPS.com.
|