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ACCEPTANCE OF TERMS
Distant Worlds.net 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://www.Distant Worlds.net/dw_tos.html
In addition, when using particular Distant Worlds.net services, you and Distant
Worlds.net 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.
2. DESCRIPTION OF SERVICE
Distant Worlds.net will eventually provide 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 Distant Worlds.net to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Distant Worlds.net properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and that
Distant Worlds.net 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 Distant Worlds.net 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 Distant Worlds.net has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Distant Worlds.net 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).
4. Distant Worlds.net PRIVACY POLICY
All of the information posted, submitted, or provided to Distant Worlds.net will
be viewable by Distant Worlds.net staff and people using Distant Worlds.net.
Please only provide information that is required and that you feel comfortable
with.
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 Distant Worlds.net 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. Distant Worlds.net 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 Distant
Worlds.net, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Distant Worlds.net
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 Distant Worlds.net 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 do any of the following, these being
collectively known as ‘bad things’
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 Distant
Worlds.net 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 Distant Worlds.net does not pre-screen Content, but that
Distant Worlds.net 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, Distant Worlds.net
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 Distant Worlds.net
or submitted to Distant Worlds.net, including without limitation information in
Distant Worlds.net Forum, Distant Worlds.net Email Lists, and in all other parts
of the Service.
You acknowledge and agree that Distant Worlds.net 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 Distant Worlds.net, 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
Distant Worlds.net 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 Distant Worlds.net the following world-wide, royalty free and
non-exclusive license(s), as applicable:
* With respect to Content you submit or make available for inclusion on publicly
accessible areas of Distant Worlds.net Forum and Distant Worlds.net Email Lists,
the license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of
providing and promoting the specific Distant Worlds.net Forum, Distant
Worlds.net Archive or Distant Worlds.net Email Lists to which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or Distant Worlds.net removes such Content from the Service.
* With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than Distant
Worlds.net Forum or Distant Worlds.net Email Lists, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or Distant Worlds.net removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than Distant Worlds.net Forum, Distant Worlds.net Archive or Distant
Worlds.net Email Lists, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service are those areas of the Distant
Worlds.net network of properties that are intended by Distant Worlds.net to be
available to the general public. By way of example, publicly accessible areas of
the Service would include Distant Worlds.net Frum Message Boards and portions of
Distant Worlds.net Email Lists and Distant Worlds.net Archive that are open to
both members and visitors. However, publicly accessible areas of the Service
would not include portions of Distant Worlds.net Forum, Distant Worlds.net
Archive and Distant Worlds.net Email Lists that are limited to members, Distant
Worlds.net services intended for private communication such as Distant
Worlds.net Private Forums, or areas off of the Distant Worlds.net network of
properties such as portions of World Wide Web sites that are accessible through
Distant Worlds.net Resources but are not hosted or served by Distant Worlds.net.
9. INDEMNITY
You agree to indemnify and hold Distant Worlds.net, 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 Distant Worlds.net 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 Distant Worlds.net'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 Distant Worlds.net 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 Distant
Worlds.net reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Distant Worlds.net
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
Distant Worlds.net 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 Distant Worlds.net 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 Distant Worlds.net, 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 Distant Worlds.net believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. Distant
Worlds.net 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 Distant Worlds.net
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 Distant Worlds.net 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 Distant Worlds.net 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 Distant Worlds.net has no control over such
sites and resources, you acknowledge and agree that Distant Worlds.net 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 Distant Worlds.net 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. DISTANT WORLDS.NET'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 Distant
Worlds.net 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.
Distant Worlds.net 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 Distant Worlds.net
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. Distant Worlds.net 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. Distant Worlds.net 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
Distant Worlds.net 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 Distant Worlds.net 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 Distant Worlds.net 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. Distant Worlds.net 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.
22. TRADEMARK INFORMATION
Distant Worlds.net, the Distant Worlds.net page images, Distant Worlds.net
Productions logos, Distant Worlds.net logos and product and service names are
trademarks of Distant Worlds.net Productions. (the "Distant Worlds.net Marks").
Without Distant Worlds.net's prior permission, you agree not to display or use
in any manner, the Distant Worlds.net Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Distant Worlds.net 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 Distant Worlds.net's staff 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.
Distant Worlds.net's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By email:
copyright@DistantWorlds.net
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Distant Worlds.net and
govern your use of the Service, superseding any prior agreements between you and
Distant Worlds.net. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Distant
Worlds.net shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and Distant Worlds.net agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Santa Clara, California. The failure of Distant Worlds.net to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS
here.