All FracturedPixelStudios.com user’s agree to abide by our site Terms and Conditions of Use. This agreement helps to promote a positive environment for our users and guests.
MESSAGE BOARD AND COMMENTS TERMS AND CONDITIONS OF USE
Fractured Pixel Studios message boards provide members an opportunity to submit, post, express, display, transmit and exchange information, ideas, messages, opinions, content and other material. Our message boards are provided for the noncommercial use of our members. Your use of our message boards is specifically governed by these terms and conditions. You automatically agree to these terms when you register, access or use our message board.
Fractured Pixel Studios’ authors, owners or operators are not responsible and assumes no liability for any ideas, opinions, content, information, messages, transmissions or other materials posted to our message boards. We do not represent, endorse, warrant or vouch for any posted materials or the validity, accuracy, completeness, reliability, timeliness or usefulness of any content in any way. Any opinions or similar statements expressed in posted materials are not necessarily those of the Fractured Pixel Studios’ authors, owners or operators or their related entities and no representations or warranties are made by them regarding such opinions or statements. Fractured Pixel Studios’ authors, owner or operators and their related entities shall not be liable for any posted materials.
FracturedPixelStudios.com message boards are public and the materials you post are not kept confidential. You acknowledge that the materials you post are intended for public and not private communications and that you have no expectation of privacy with regard to any materials that you post. You acknowledge that search engine spiders including but not limited to Google and Yahoo “crawl” our website and archive this information without our request as it is public information.
All members select a unique screen name during registration that is used as their public identity on the system and on our message boards. You should be careful not to include any personal information in your screen name. If you voluntarily disclose personal information in your screen name or in any of the materials you post, that information can be collected and used by others. Please use discretion when choosing your screen name and posting materials. Your disclosure of personal information is at your own risk.
You agree not to post any of the following types of materials:
Materials that are defamatory, libelous, knowingly false or inaccurate, obscene, pornographic, indecent, abusive, vulgar, bigoted, racially offensive, hateful, harassing, profane, sexually oriented, threatening, offensive or invasive of personal privacy;
Materials that infringe any intellectual property or other right of any person or entity, including but not limited to, trademarks, copyrights, moral rights, trade secrets, patents, confidentiality restrictions, privacy rights or proprietary rights;
Materials that falsify or delete author attributions, legal notices or other proprietary designations;
Materials that advertise, market, or otherwise solicit funds or the sale of goods or services or that is for commercial purposes or intended to promote or generate revenue for any business enterprise or commercial activity;
Materials that knowingly contain any harmful components that may cause damage to any computer related system or that may interfere with the use of our system;
Materials that violate any law, constitute, encourage or advocate conduct that would be considered a criminal offense, illegal activity or give rise to civil liability, or discuss illegal activities with the intent to commit them;
Materials that do not generally pertain or relate to the designated topics or subtopics of the message board to which they are posted or that constitute chain letters, pyramid schemes, or similar solicitations.
You remain solely responsible for all materials you post. By posting materials, you agree to indemnify and hold FracturedPixelStudios.com’s authors, owners and operators harmless with respect to and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from materials you post or your breach of these terms.
Posted materials are not reviewed, screened or approved for compliance with these terms by Fractured Pixel Studios’ authors, owners or operators. Fractured Pixel Studios’ authors, owners or operators do not review or confirm the validity, accuracy, completeness, reliability, timeliness or usefulness of any posted materials in any way. Fractured Pixel Studios’ authors, owners or operators do not actively monitor the content of and is not responsible for any posted materials. Fractured Pixel Studios’ authors, owners or operators have no obligation to screen, monitor, edit or remove any posted materials, but may do so at its sole discretion. Although Fractured Pixel Studios’ authors, owners or operators may from time to time monitor or review our message boards, we assume no ongoing obligation or duty to monitor or review by doing so.
REMOVAL AND ACCESS PRIVILEGES
Fractured Pixel Studios’ authors, owners or operators may remove or modify any posted materials that violate these terms in any way.
Fractured Pixel Studios’ authors, owners or operators reserve the right to remove or modify posted materials at any time and for any reason although we have no duty to do so. Fractured Pixel Studios’ authors, owners or operators reserve the right to deny any member or user access to our message boards, without notice and at our sole discretion.
Anyone who feels that posted materials violate these terms, are actionable or are objectionable is encouraged to contact us immediately by sending an email message to a message board administrator. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. We will make every effort to remove posted materials within a reasonable time frame if we determine that removal is necessary.
OWNERSHIP OF DATA
You agree that Fractured Pixel Studios’ is the owner of the data you enter into our website – this includes your membbership account, posts, comments and any other information you post to our website. YOUR MEMBERSHIP ACCOUNT WILL NOT BE DELETED as this is our data and part of our overall site access history. You can edit your account to remove any information that you don’t wish to be in your account, however the main user record will never be deleted upon request.
Fractured Pixel Studios’ authors, owners or operators does not review links that may be embedded in posted materials and is not responsible for the privacy practices or the content of any linked materials, whether or not they are affiliated with Fractured Pixel Studios’ authors, owners or operators. Fractured Pixel Studios’ authors, owners or operators do not control or endorse such linked sites. You are solely responsible for your use of such links.
LICENSING TO USE
By posting any materials which constitute or include creative submissions, ideas, notes, concepts, comments, suggestions, feedback, information or other similar materials (collectively “creative materials”) relating to
Fractured Pixel Studios’ authors, owners or operators, our services or our system, you automatically (a) acknowledge that such creative materials shall be deemed, and shall remain, the property of
Fractured Pixel Studios’ authors, owners and operators (b) represent and warrant that you are authorized to grant all rights in such creative materials and (c) represent and warrant that all “moral rights” in those materials have been waived with respect to the posted materials. Your disclosure, submission, offer of or posting of any creative materials shall constitute an immediate assignment to Fractured Pixel Studios’ authors, owners and operators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such materials.
Fractured Pixel Studios’ authors, owners or operators may use, copy, reproduce, edit, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute the creative materials or incorporate the creative materials into any form, medium, or technology now known or later developed, including our services or system, and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of such materials.
With regard to any and all materials posted by you, including creative materials, Fractured Pixel Studios’ authors, owners or operators are and shall be under no obligation to: (a) maintain any of your posted materials in confidence; (b) to pay to you or any user any compensation for any posted materials; or (3) to respond to any of your or any other members posted materials.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Fractured Pixel Studios’ authors, owners and operators comply with the provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. Sec. 512. Fractured Pixel Studios’ authors, owners and operators will promptly remove posted materials in the event a copyright owner provides proper notification to us alleging that the posted materials constitute infringement. If your postings are removed under this procedure, we will notify you and provide the opportunity for response as provided under the Act. The Digital Millennium Copyright Act is available at the Copyright Office’s web site http://lcweb.loc.gov/copyright/.
To reach our representative for notice of claims of copyright infringement or other similar claims, please contact a message board administrator.
RELIANCE ON INFORMATION ABOUT COMPANIES
WARNING: Information on message boards may not be reliable, particularly for investment purposes. Posted materials may not be true, valid, accurate, correct, complete or timely and could potentially include misinformation, technical or factual inaccuracies, false statements or other errors. You should not solely rely on posted materials to make investment decisions. Your reliance on information contained in posted materials is at your own risk.
DISCLAIMER OF WARRANTIES
Fractured Pixel Studios’ authors, owners or operators do not warrant, represent or endorse any posted material in any way. Your use of our message boards is at your own risk. Posted materials could include misinformation, technical or factual inaccuracies, false statements or other errors. Fractured Pixel Studios’ authors, owners and operators do not warrant that the functioning of message boards will be uninterrupted or error-free, that defects will be corrected, or that a message boards or the servers that make the message boards available are free of viruses or other harmful components. Fractured Pixel Studios’ authors, owners or operators do not warrant or make any representations regarding the use or the results of the use of any posted materials in terms of their truthfulness, validity, accuracy, correctness, completeness, timeliness, reliability, or otherwise.
FRACTURED PIXEL STUDIOS’ AUTHORS, OWNERS NOR ITS OPERATORS MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE MESSAGE BOARDS OR ANY POSTED MATERIALS MADE AVAILABLE THROUGH THE MESSAGE BOARDS. THE MESSAGE BOARDS AND THE POSTED MATERIALS MADE AVAILABLE THROUGH THE MESSAGE BOARDS MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE MESSAGE BOARDS AND THE POSTED MATERIALS MADE AVAILABLE THROUGH THE MESSAGE BOARDS ARE PROVIDED “AS IS”.
ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FRACTURED PIXEL STUDIOS’ AUTHORS, OWNERS AND OPERATORS SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE MESSAGE BOARDS OR ANY POSTED MATERIALS MADE AVAILAVBLE THROUGH THE MESSAGE BOARDS, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE, AND WHETHER OR NOT FRACTURED PIXEL STUDIOS’ AUTHORS, OWNERS OR OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In no event shall Fractured Pixel Studios’ authors, owners or operators total liability to you for all damages, losses, and causes of action, including but not limited to negligence, arising out of or in connection with your use of any message board exceed the amount paid by you, if any, for accessing the message board or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for any Fractured Pixel Studios’ subscription fees. The limitations, exclusions and disclaimers set forth above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
Fractured Pixel Studios’ authors, owners or operators may revise these terms without notice. If you continue to use our message boards after such changes have been made, you automatically accept those changes.
If you have questions or comments please Contact Us and we’ll be happy to address your concerns.