1. ACCEPTANCE OF TERMS
Welcome to neverwinternightsresources.com and NeverwinterConnections.com. Our NeverwinterConnections page 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://docs.neverwinternightsresources.com/info/terms/.
In addition, when using particular NeverwinterConnections services, you and NeverwinterConnections 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. NeverwinterConnections also offer other services such as RPGWarehouse.com that is governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
NeverwinterConnections currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for NeverwinterConnections to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NeverwinterConnections properties/plugins, shall be subject to the TOS. You understand and agree that the Service is provided and that NeverwinterConnections assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that NeverwinterConnections has created 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 NeverwinterConnections.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NeverwinterConnections.com 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). NeverwinterConnections.com 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 NeverwinterConnections.com Family Account. When you create a NeverwinterConnections.com Family Account and add your child 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 NeverwinterConnections.com Family Account. By adding a child to your NeverwinterConnections.com Family 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 Content (as defined in Section 6 below) are appropriate for your child.
4. NeverwinterConnections.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://privacy.NeverwinterConnections.com.com/, or if you came from NeverwinterConnections.comligans!, then see our NeverwinterConnections.comligans! privacy policy at http://www.NeverwinterConnections.comligans.com/docs/privacy/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's 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 NeverwinterConnections.com 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. NeverwinterConnections.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. 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 NeverwinterConnections.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. NeverwinterConnections.com 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 NeverwinterConnections.com 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, 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 NeverwinterConnections.com
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, transmit or otherwise make available any Content that
you do not have a right to make available 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, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available 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, transmit or otherwise make available 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 NeverwinterConnections.com does not pre-screen Content, but that NeverwinterConnections.com
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, NeverwinterConnections.com 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 NeverwinterConnections.com or submitted to NeverwinterConnections.com, including without limitation
information in NeverwinterConnections.com! Message Boards, NeverwinterConnections.com! Clubs, and in all other parts of
the Service.
You acknowledge and agree that NeverwinterConnections.com 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 NeverwinterConnections.com, 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.
7. 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
NeverwinterConnections.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
NeverwinterConnections.com the following world-wide, royalty free and non-exclusive license(s), as
applicable:
"Publicly accessible" areas of the Service are those areas of the NeverwinterConnections.com network
of properties that are intended by NeverwinterConnections.com to be available to the general public.
By way of example, publicly accessible areas of the Service would include
NeverwinterConnections.com! Forums and portions of NeverwinterConnections.com!
that are open to both members and visitors. However, publicly accessible areas
of the Service would not include portions of NeverwinterConnections.com
9. INDEMNITY
You agree to indemnify and hold NeverwinterConnections.com, 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, transmit or make available 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.
10. 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.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NeverwinterConnections.com 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
NeverwinterConnections.com'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 NeverwinterConnections.com 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 NeverwinterConnections.com
reserves the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that NeverwinterConnections.com reserves the right to change these
general practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
NeverwinterConnections.com 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 NeverwinterConnections.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that NeverwinterConnections.com, 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 NeverwinterConnections.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. NeverwinterConnections.com 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 NeverwinterConnections.com 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 NeverwinterConnections.com shall not be liable to
you or any third-party for any termination of your access to the Service.
14. 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 NeverwinterConnections.com 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.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because NeverwinterConnections.com has no control over such sites
and resources, you acknowledge and agree that NeverwinterConnections.com 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 NeverwinterConnections.com 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.
16. NeverwinterConnections.COM'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 NeverwinterConnections.com 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.
NeverwinterConnections.com 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 NeverwinterConnections.com for use in accessing the Service.
17. 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. NeverwinterConnections.COM 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.
NeverwinterConnections.COM 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 NeverwinterConnections.COM OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NeverwinterConnections.COM
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 NeverwinterConnections.COM 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.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the Service is
intended for trading or investing purposes. NeverwinterConnections.com and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on
such information.
21. 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.
23. COPYRIGHTS and COPYRIGHT AGENTS
NeverwinterConnections.com 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, or your intellectual property rights have been
otherwise violated, please provide NeverwinterConnections.com with the following
information:
1.an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that
you claim has been infringed;
3.a description of where the material that you claim is infringing is located
on the site;
4.your address, telephone number, and email address;
5.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;
6.a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
NeverwinterConnections.com's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
Shawn Schultz
1808 E. 17th St.
Idaho Falls, ID 83404
By phone: (208) 528-6161
By email: staff@NeverwinterConnections.com
Copyright © 2001 NeverwinterConnections.com! Inc. All rights reserved. Privacy Policy
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