midnightrealms.net and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively "myrealms.net") encourages and promotes the midnightrealms.net website (the "Service") as an environment that fosters interaction and participation among its members ("Members"). Members should thus feel free to express themselves. However, Members should keep comments and contributions within the community values of the Service and must comply with applicable laws and these terms of service (the "Terms of Service").
The Service is provided by midnightrealms.net to you ("you" or "Applicant" or "Member"), subject to the Terms of Service, and other terms and conditions that may be published by midnightrealms.net from time to time on the Service. midnightrealms.net may change, suspend or discontinue the Service, at any time without prior notice to its Members. midnightrealms.net may also impose limits on certain features or services contained in the Service without prior notice. MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY PERMANENTLY BE BANNED FROM USING THE SERVICE.
Please read the Terms of Service carefully. By using the Service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Service. midnightrealms.net reserves the right to change, modify, add or remove portions of the Terms of Service at any time, in its sole discretion. If you continue to use the Service after midnightrealms.net has posted changes to the Terms of Service, it means you have accepted those changed terms.
Content and Conduct
Software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service by Members may not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members.
By transmitting, posting, linking or uploading Content to any part of the Service, you represent and warrant that neither your content nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.
You hereby grant to midnightrealms.net a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or 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.
You acknowledge that by providing you with the ability to distribute your Content, the Service is acting as a passive conduit for such distribution and midnightrealms.net is not undertaking any obligation or liability relating to any Content or activities of its Members. midnightrealms.net cannot prevent Members from placing prohibited content on the Service. Furthermore, midnightrealms.net may elect at its sole discretion to monitor some, all, or no areas of the Service for adherence to these terms of service or other terms and conditions that may be published by midnightrealms.net from time to time. Upon notification of inappropriate material, midnightrealms.net reserves the right, but not the responsibility to remove the Content from the Service. midnightrealms.net further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.
You and any person who have access to the Service must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content posted by you to the Service. midnightrealms.net does not pre-screen Content as a matter of policy, but midnightrealms.net reserves the right, but not the responsibility, to remove Content which is deemed in midnightrealms.net's sole discretion harmful, offensive, inaccurate or otherwise in violation of the Terms of Service or any rules or policies midnightrealms.net has in place at the time.
midnightrealms.net may terminate your access to the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of midnightrealms.net, and you cannot assist in enabling a terminated member access to the Service via your Account. Aiding and abiding a person who has been banned back into the chat and/or knowing that a person is banned and deliberately hiding his/her existence from the administration will result in midnightrealms.net terminating your access to the Service.
These Terms of Service constitute the entire understanding of you and midnightrealms.net with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and midnightrealms.net.
The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and midnightrealms.net as reflected in the original provision.
Any delay or failure on the part of midnightrealms.net to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
You indemnify and hold harmless midnightrealms.net, and the officers, directors, employees, partners, principals, agents and representatives of midnightrealms.net, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Service.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and midnightrealms.net consent to the exclusive jurisdiction and venue of the state and federal courts located in Williamson County for resolution of any and all disputes arising out of or related to the Terms of Service.
Limitation of Liability
To the full extent permissible under the applicable law, midnightrealms.net shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Service.
In no event shall midnightrealms.net have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, midnightrealms.net's liability is limited to the greatest extent permitted by law.
The Service contains links to third-party World Wide Web sites and other resources. midnightrealms.net assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a member may have regarding any other site should be directed to the relevant site administrator or Webmaster.
The information, advice, facts, opinions or other content appearing on the Service posted by Members or third parties are those of the respective authors and do not reflect the views of midnightrealms.net. midnightrealms.net assumes no responsibility or liability for these materials.
Disclaimer of Warranties
Everything on the Service is provided to you "AS IS" and "AS AVAILABLE." midnightrealms.net does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Service, any products, merchandise, information or services provided through or advertised on the Service, or the accuracy or results obtained from the use of any products, merchandise, or information or services provided through or advertised on the Service. midnightrealms.net does not guarantee or warrant that any files available for downloading through the Service will be free of infection by viruses or other code that may contain contaminating or destructive properties.
Links to Third-Party Sites
Any third-party sites to which the Service may link are not under midnightrealms.net's control, and midnightrealms.net does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, midnightrealms.net does not intend links contained on the Service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
midnightrealms.net believes that communities can only truly be built through interaction and participation among community Members based on trust, privacy and freedom of expression.
midnightrealms.net wants all Members to have the freedom to express themselves, however at the same time, midnightrealms.net wants all Members to feel secure.
A. All profile data stored by the Service has been entered solely by the respective member.
B. Members can modify registration data associated with their account.
C. E-mail communications are only accessible by the designated recipients, except that midnightrealms.net personnel involved in maintenance of the system may have access to the Service mail communications.
Personally identifying information, or personal information, includes your name, home or other address (like the school you attend), email address, or any other information that tells another person who you are. When you register as a Member, we ask for some personal information such as your email address.
Some of our services, such as newsletters and payment processing, are offered in conjunction with partner companies. In order to provide these services, we must disclose certain information to our partners including your username and email address. Our content partners may also ask you for some additional personal information. Our partners are all upstanding companies that will treat your personal information responsibly. But, since we don't own these companies, we can't speak for them on privacy issues.
Keep in mind: Whenever you voluntarily disclose personal information on forums, through email, or in chat areas, that information can be collected and used by others. If you post personal information in public places, others may send you unsolicited email messages. Always be smart about the information you provide online.
Finally, we may disclose Member information when we are required to by law, or when have reason to believe that someone is causing injury to or interference with our rights or property, other Service Members, or anyone else that could be harmed by such activities.
Your Member profile is password-protected so that you and only you have access to this information. In order to maintain this protection, do not give your password to anyone. Also, we recommend that, if you share your computer with other people, you sign out of your Account and close your browser window when you are done. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library.
We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
The Service is not directed to ANYONE under the age of 18.
This restriction will be posted at points of data collection within the Service, such as registration for services.
Note to Parents: If you have any concerns about the Service or its related services or if you wish to find out if your child is a member of one of our services please contact us at firstname.lastname@example.org.
Fees and Costs
You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Service, including costs incurred in connecting to the Service via the Internet. midnightrealms.net reserves the right, at any time, to charge fees for access to the Service, and will notify you of any such fees by posting information regarding such fees on the Service.