Last Revision: December 15th, 2002.
If you do not agree to these terms and conditions, you may not use any of the Sites.
We reserve the right at any time to:
change the terms of this Agreement or;
change the Services, including eliminating or discontinuing any content on or feature of any Site.
Notice of Changes:
Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Sites or via electronic mail. Your use of the Sites after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of the Agreement.
BrendansRealm.com Site: Any site which is owned an operated aspart of the Brendan's Realm group of sites. These include, but are not limited to:
Owner/Operator: The owner and operator of the BrendansRealm.com sites and/or his designees.
Admin/Administrator: Registered users who have been selected to have additional rights, privilages and responsibilities in/on various BrendansRealm.com sites. Selection of Admins are by various methods including, but not limited to, automatic based on site information and selection by the Owner/Operator and vary from site to site.
1. CODE OF CONDUCT.
While using the Sites you agree not to:
A. Post, transmit, or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful, baiting, insulting or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right.
B. Use the Sites for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking
C. Post, transmit, or otherwise make available any material that would violate another person's privacy or other rights, including any message containing personal identification information, including phone numbers or addresses (including your own).
D. Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so.
E. Interfere with any other user's right to privacy; or harvest or collect personally identifiable information about users of the Sites; or "stalk" or otherwise harass another.
F. Impersonate any person or entity, including, but not limited to, any BrendansRealm.com representative; falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the Sites; or express or imply that we endorse any statement you make without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
H. Interfere with or disrupt the Sites, or the servers or networks that provide the Sites; or disobey any requirements, procedures, policies, or regulations of such networks.
I. Restrict or inhibit any other user from using the Sites, including by means of hacking or defacing any portion of the Sites.
J. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of (i) the Sites; (ii) use of the Sites; or (iii) access to the Sites. Unauthorized use of BrendansRealm.com content and trademarks may be a violation of federal and state laws (including without limitation federal and state laws relating to copyright infringement, trademark infringement, trademark dilution, unfair competition and cybersquatting), which may result in civil and criminal liability.
L. Remove any copyright, trademark, or other proprietary rights notice contained on the Sites.
M. Frame or mirror any part of the Sites without BrendansRealm.com's prior written authorization.
N. Create a database by systematically downloading and storing all or any of the content on the Sites.
O. Use any robot, spider, Sites search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents, unless otherwise permitted by BrendansRealm.com.
P. Create multiple and/or secondary accounts on any of the Sites, with the following exception: multiple accounts can be created on the MovieChatter.com website as a consequence of your registering for accounts with the following sites: Nitpickers.com, MovieQuotes.com and MovieMinutia.com. However, you may not use accounts obtained this way to give other users the impression that you are different user, or to avoid a ban on another account.
You understand that all information and materials available through these Sites, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such information and materials originated. This means that you, and not BrendansRealm.com, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Sites. BrendansRealm.com does not control the materials posted via the Sites and therefore does not guarantee the accuracy, integrity or quality of such materials. You understand that by using the Sites you may be exposed to content that is offensive or objectionable. While using the Sites you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Sites or any materials that you transmit to the Sites. However, you acknowledge and agree that we have the right to (a) monitor the Sites from time to time and the materials you transmit; (b) delete, edit, move, or disable any materials; and (c) disclose any information (including your personal contact information) to any third party in order to operate the Sites properly; to protect BrendansRealm.com, the Sites, our sponsors, partners, affiliates, and our members and visitors or any other party; and to comply with any legal obligations or governmental or other appropriate requests. Upon our request, you agree to sign a non-electronic version of this Agreement.
2. ENFORCEMENT OF CODE
The Owner/Operator, his designees, and/or the Admins for that site may suspend, ban or remove your account with or without notice for violations of the Code of Conduct set forth in Paragraph 1, or any other reason deemed appropriate by the Owner/Operator.
Determination of violations of the Code of Conduct, as specified above, shall be at the discretion of the Owner/Operator, his designees, and/or the Admins for that Website.
If it is determined that you have, at any time, violated the Code of Conduct set forth in Paragraph 1 your access to the Sites may be:
suspended for a number of days;
barred permenantly, thereafter prohibiting you from submitting or posting any further material on the Sites.
The level of enforcement is solely at the discretion of the Owner/Operator, his designees, and/or the Admins for that Website.
3. INTELLECTUAL PROPERTY
A. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Sites in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites.
B. Unless otherwise stated, any information and/or data submitted to the Sites becomes the sole property of BrendansRealm.com. The Owner/Operator has the authority and right to determine which submissions shall be posted to the Sites, as well as to edit the information for syntax and content. Use of the information is at the discretion of the Owner/Operator.
C. Posts and submissions to the specific sites listed below are excluded from Paragraph 3, Subsection B and are your property and responsibility:
D. The Owner/Operator and/or his designees and Admins reserve the right to edit and/or delete any submission or post made to the Sites without notice or explaination at our sole discretion.
E. Use of information on the Sites, or any likeness of the Sites, or the ideas of the Sites is strictly prohibited without formal written permission of the Owner/Operator.
4. PRIVACY STATEMENT
Email Address: A valid email address is required when registering with the Sites. This email address is treated as private and confidential information and is not shared, published or sold in any way, except as necessary to protect BrendansRealm.com, the Sites, our sponsors, partners, affiliates, and our members and visitors or any other party; and to comply with any legal obligations or governmental or other appropriate requests.
Site Cookies: The Sites place and retrieve a number of cookies on your browser in order to provide each site's services and functions. These cookies and the information they contain are not shared in any way.
CHILDREN: Kids under 13. The Sites are not directed to children under the age of 13. The Sites do not collect age information and will not knowingly collect personally identifiable information from children under 13.
Third Party Advertising: The Sites use third-party advertising companies to serve ads when you visit the Sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Sites and other Web sites in order to provide advertisements on the Sites and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.
Third Party Cookies: In the course of serving advertisements for the Sites, our third-party ad servers may place or recognize a unique cookie on your browser.
5. JURISDICTIONAL ISSUES.
Unless otherwise specified, the materials in the Sites are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States, its territories, possessions and protectorates. We control and operate the Sites from within the State of Alabama, United States of America. We make no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Sites and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide.
THE MATERIALS CONTAINED ON AND/OR IN THE SITES, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITES, OR THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BrendansRealm.com AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
BrendansRealm.com AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES, OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER THAT MAKES THEM AVAILABLE) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BrendansRealm.com OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE Sites, IN THE SERVICES, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Sites by third parties. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Sites. Remember that it's your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Sites.
THE BrendansRealm.com SITES MAY CONTAIN LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF BrendansRealm.com AND BrendansRealm.com IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITES. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITES, THEN YOU DO SO AT YOUR OWN RISK. BrendansRealm.com PROVIDES LINKS AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT BrendansRealm.com ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
8. LIMITATION OF LIABILITY
NEITHER BrendansRealm.com NOR ITS SUPPLIERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES AND/OR CONTENT CONTAINED ON THE SITES, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITES, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES, AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BrendansRealm.com AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Code of Conduct set forth in Paragraph 1 of Section 1; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; and/or (c) your activities in connection with the Sites.
10. GOVERING LAW; LEGAL PROCEEDINGS
A. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF ALABAMA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN ALABAMA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (i) THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT, (ii) THE PERFORMANCE BY THE PARTIES OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER, AND (iii) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT.
B. The parties hereby agree to submit any disputes or controversies relating to any of the matters referred to in subparagraph (a) above to a court in and of the State of Alabama, United States of America.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with BrendansRealm.com's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.