The above list is not
comprehensive of all the services provided. We reserve the right to modify
or discontinue, temporarily or permanently, the Site (or any part thereof)
with or without notice. You agree that VisionGate Fusion shall not be liable to
you or to any third party for any such action.
If you would like to register
to become a Member, please complete our membership registration form. When
you do, you agree to: provide true, accurate, current and complete information
as prompted by the registration form, maintain and update such information
to keep it true, accurate, current, and complete at all times, and that you
are the age that you state.
If any information provided
by you on the registration form is untrue, inaccurate, not current or incomplete,
or if we have reasonable grounds to so believe, we have the right to suspend
or terminate your membership and to refuse to provide you with any future
membership. If we have reason to believe that you have registered someone
other than yourself, we will cooperate with any law enforcement investigation
that may result from such misrepresentations and shall have the right, in
our sole discretion, to disclose any information you provided to us in connection
with such registration.
VisionGate Fusion makes a
good faith effort to prohibit registration as a Member by, and will not knowingly
connect or store personal information from, children as governed by law.
FEES
We reserve the right at
any time to charge fees for access to Site content or services or to portions
of the existing Site content or services or the Site as a whole. In no event
will you be charged for access to any Site content or service, or to the Site
as a whole, unless we obtain your prior agreement to pay such charges. If
you do not consent to such charges, however, you may not have access to paid
content or service.
SITE RULES
Following are some basic
rules that apply to the Site and that you agree to follow. If you violate
any of the Site rules, or if we have reasonable grounds to so believe, we
have the right to deny you access to the Site, to suspend or terminate your
membership and to refuse to provide you with any future membership. You agree
not to use the Site to upload, store, post, email or otherwise transmit any:
... material that is inaccurate,
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, sexually explicit, libelous, invasive of another's privacy,
hateful, racist, bigoted or otherwise objectionable;
... material that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships;
... material that infringes
any patent, trademark, trade secret, copyright or other proprietary right
of any party, advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation, except where specifically
permitted;
... or 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.
Additionally, you agree
not to:
... impersonate any person
or entity or falsely state or otherwise misrepresent your affiliation with
a person or entity;
... forge headers or otherwise
manipulate identifiers in order to disguise the origin of any material transmitted
through the Site;
... disrupt the normal
flow of dialogue, cause a screen to scroll faster than other users of the
Site are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real-time exchanges;
... interfere with or
disrupt the Site or servers or networks connected to the Site, or disobey
any requirements, procedures, policies or regulations of networks connected
to the Site;
... try to gain access
to areas that are private to VisionGate Fusion administrators or to other VisionGate Fusion
users;
... violate any applicable
local, state, national, or international law or any regulation having the
force of law;
... stalk or otherwise
harass another;
... harm minors in any
way, including, without limitation, to establish unlawful contact with minors
(whether on or off the Site);
... collect or harvest
screen names; collect or store personal data about other users of the Site;
or solicit or attempt to discover a user's password, screen name, or other
registration information without the user's express knowledge and consent;
... engage in or run raffles,
lotteries, contests or sweepstakes;
... promote or provide
instructions of information about how to engage in illegal conduct or commit
illegal activities, promote physical harm or injury, or promote any illegal
act; or
... store any information
or use any Web page or directory you create for remote loading or as a door
or signpost to another Web page, whether inside or outside the Site.
You acknowledge that we
do not prescreen material posted or transmitted on the Site, but that we and
our designees shall have the right (but not the obligation) in our sole discretion
to review and edit, delete or refuse to post any material submitted for display
or placed on the Site, including but not limited to message board posts, profiles,
and member-to-member messages. Without limiting the foregoing, we and our
designees shall have the right to remove any material that violates this Agreement,
that we believe in good faith may create liability for us, or that we deem
is otherwise objectionable.
You acknowledge and agree
that we may preserve material and may disclose material if required to do
so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: ... comply with legal process;
... enforce this Agreement;
... respond to claims
that any material violates the right of third parties; or
... in our sole judgment,
protect the rights, property, or personal safety of VisionGate Fusion, its users
and the public. PRIVACY
Our Privacy Policy states
in full our policy regarding Member privacy; see that document for more details.
REFUNDS
Our Refunds Policy states
in full our policy regarding refunds of membership fees, fees paid for services,
and/or fees paid for products; see that document for more details. PUBLIC
AREAS
A Public Area ("Public
Area") of the Site is any area where you may submit material ("Submissions")
for viewing by others or view Submissions of other VisionGate Fusion users, such
as profiles, forums, or award programs. In some of these areas, a Submission
includes the name, ID, nickname, and/or other information that would be displayed
with the submitted material, as applicable. You agree to use Public Areas
in accordance with the Agreement and any policies for the Public Areas that
are displayed on the Site.
BY SUBMITTING MATERIAL
TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY VisionGate Fusion AND HOLD IT HARMLESS
FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER,
INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH
SUBMISSION.
By making a Submission
to any Public Area, you automatically grant VisionGate Fusion the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display and distribute
the content of the Submission (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed. You also permit any other user of the VisionGate Fusion Site to access,
view, store, or reproduce the Submission for that user's personal use.
LINKS
Our provision of a link
to any other site or location is for your convenience and does not signify
our endorsement of such site or location of its contents. VisionGate Fusion shall
not be responsible for any information, software, or links found at any other
World Wide Web site, Internet location, or source of information, for your
use of such information, or for e-commerce transactions conducted at or through
any linked site or location. DISCLAIMER OF WARRANTIES
You expressly agree that
your use of the site, including, without limitation, any material and/or data
developed by VisionGate Fusion or by third parties ("information providers"),
is at your sole risk. The site, and any content or materials available through
the site, are provided on an "as is" and "as available"
basis and without warranty of any kind, express, implied or statutory. VisionGate Fusion
and the information providers hereby expressly disclaim all such warranties
including, without limitation, any implied warranties or merchantability,
fitness for a particular use or purpose, title, or noninfringement, or any
warranty as to results that may be obtained through the use of the site. VisionGate Fusion
does not represent or warrant that the site will function without interruption,
that the site is error- or defect-free, that any such defects or errors will
be corrected, or that the site and the server(s) that make the site available
are free of viruses or other harmful components. No advice or information,
whether oral or written, that you obtain from VisionGate Fusion or otherwise through
your use of the site shall create any warranty on the part of VisionGate Fusion
or the information providers. Further, VisionGate Fusion and the information providers
do not warrant or represent that the use or the results of the use of any
content or materials made available through the site or from third parties
will be correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON
LIABILITY
In no event shall VisionGate Fusion,
the information providers or any other person or entity involved in creating
or distributing the site be liable for any direct, indirect, incidental, special
or consequential damages, however arising and under any theory of liability
(including, without limitation, tort, including negligence and strict liability,
breach of contract or breach of warranty), that result from your use or inability
to use the site, any changes to the site or this agreement, unauthorized access
to or alteration of your transmission of data, any material or data sent or
received or not sent or received, or any transactions entered into through
the site. VisionGate Fusion is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including intellectual property
rights.
If you are dissatisfied
with the site or the services, content or materials available on or through
the site, your sole and exclusive remedy is to discontinue using the site.
The foregoing limitations on liability shall be applicable even if VisionGate Fusion
or the applicable third party knew or should have known of the possibility
of such damages and notwithstanding the failure of essential purpose of any
limited remedy. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
ALLOCATION OF
RISK
You agree that the disclaimer
of warranties, limitations on liability, and indemnification provisions set
forth in this agreement represent and agreed upon allocation of risk between
you and VisionGate Fusion and form an essential part of the basis of their bargain,
without which VisionGate Fusion would not enter into this agreement or provide
the site.
OWNERSHIP OF MATERIALS
The contents of the Site,
including without limitation text, software, photos, graphics, and all other
audiovisual elements are copyrighted by VisionGate Fusion as a collective work
under the United States copyright laws. Except for material in the public
domain, VisionGate Fusion and its licensors hold copyrights to all content appearing
on the Site. VisionGate Fusion permits, without charge, the reproduction and distribution
of VisionGate Fusion material contained on the Site for non-commercial educational
and personal uses; provided that such materials remain unaltered and are accompanied
by a clearly visible copy of any copyright notice appearing on such materials
and by the Site's URL (http://{siteurl}). The only exception to this is any
VisionGate Fusion Award graphic, link, text, criteria, rules, etc.. We retrain
and reserve all rights to this information. Other reproduction, distribution,
retransmission, modification, public display, and public performance of such
materials is prohibited without the prior written consent of VisionGate Fusion.
To obtain such consent, please contact us. REMOVAL OF MATERIAL FOR WHICH COPYRIGHT
INFRINGEMENT IS CLAIMED
VisionGate Fusion respects
the intellectual property rights of others. Pursuant to Title 17 U.S.C.512,
as amended by Title II of the Digital Millennium Copyright Act ("the
Act"), VisionGate Fusion has implemented procedures for receiving written
notification of claimed copyright infringements and for processing such claims
in accordance with the Act. If you believe your copyrights are being infringed
by a Member, please contact us. The information requested by the Notice of
Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A), which
provides:
... To be effective under
this subsection, a notification of claimed infringement must be a written
communication provided to the designated agent of a service provider that
includes substantially the following: A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
... Identification of
the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative
list of such works at that site.
... Identification of
the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate
the material.
... Information reasonably
sufficient to to permit the service provider to contact the complaining party
such as an address, telephone number, and if available, electronic e-mail
address at which the complaining party may be contacted.
... A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law.
... A statement that the
information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
... Notification from
a copyright owner or from a person authorized to act on behalf of the copyright
owner that fails to comply substantially with the provisions above shall not
be considered as providing actual knowledge or an awareness of facts or circumstances
from which infringing activity is apparent.
Please provide a Notice
of Infringement Form information each time you wish to report alleged acts
of infringement.
Please note that VisionGate Fusion
will terminate in appropriate circumstances the account of any Member who
repeatedly posts infringing material on the Site.
INDEMNIFICATION
You agree to hold harmless
VisionGate Fusion and its Information Providers and any other person or entity
involved in creating or distributing the Site, as well as each of their respective
affiliates and their respective directors, officers, employees and agents,
from and against any and all claims, liabilities, damages, losses, costs,
fees (including reasonable attorneys' fees) and expenses that such parties
may incur as a result of or arising out of your (or, in the case of Members,
anyone using your account's) use of, or conduct with respect to, the Site.
MODIFICATION OF
AGREEMENT
You agree that VisionGate Fusion
may change the terms and conditions of this Agreement, unilaterally, and at
any time, by conspicuously posting notice of such change on the Site for a
period of five (5) consecutive days. Continued use of the Site after such
notice will constitute your acknowledgment and acceptance of the revised terms
and condition.
GENERAL
This Agreement contains
the complete and final statement of the understanding between you and VisionGate Fusion
with respect to, and supercedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral, between you and VisionGate Fusion
concerning, the subject matter of this Agreement.
If any provision of this
Agreement is rendered by a court or governmental agency of competent jurisdiction
to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability
shall not affect the remainder of this Agreement, which shall remain in full
force and effect and be enforced in accordance with its remaining terms.
The waiver by VisionGate Fusion
of a breach or default of any of the provisions of this Agreement by you shall
not be construed as a waiver of any succeeding breach of the same or other
provisions; nor shall any delay or omission on the part of VisionGate Fusion to
exercise or avail itself of any right, power or privilege that it has or may
have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless
of any statute or law to the contrary, any claim or cause of action that you
may have arising out of or related to use of the Site or this Agreement must
be filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in this Agreement are solely used for
convenience and have no legal or contractual significance.
All provisions of this
Agreement that, by their nature, survive termination of this Agreement will
survive termination including without limitation, the Site Rules, Public Areas,
Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk,
Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue
and General sections of this Agreement.
