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|PokeCommunity.com Terms of Service|
Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with pokecommunity.com, with the exception of User Content as defined below, belong to pokecommunity.com and/or the original copyright holder as applicable.
Registration. Registration is not required to view certain Content. However, you are required to register if you wish to post a comment or upload a video, or view certain other Content. You MUST be age 13 years or older to register on our community. If you become a Registered Member of pokecommunity.com, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of pokecommunity.com if individuals from more than one household access pokecommunity.com using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access pokecommunity.com using your name in whole or in part without our permission. If you believe someone has accessed pokecommunity.com using your Registration Account and password without your authorization, e-mail us immediately at [email protected].
User Content Representations and Warranties. By placing material on pokecommunity.com, including but not limited to posting content or communications to any pokecommunity.com bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a username other than your own username in association with the submission of User Content is prohibited (except in those specific areas of pokecommunity.com that specifically ask for unique, fictitious names, if any).
User Content Screening and Removal. You acknowledge that pokecommunity.com and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable. User Content Assumption of Risk. While pokecommunity.com is moderated, PC cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to pokecommunity.com is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using pokecommunity.com forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content violates any Posting Rule will be made by the pokecommunity.com staff in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
User Content License. For all User Content you post, upload, or otherwise make available ("Provide") to pokecommunity.com, you grant pokecommunity.com (PC, TPC, and/or the PokeCommunity™), its affiliates and related entities, including pokecommunity.com and its affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, revocable, non-exclusive right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, archive, and store said User Content, subject to user approval. Users may "opt-out" by requesting their User Content be removed or deleted from the Community and/or its archives.
Unsolicited Material and Ideas. pokecommunity.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to pokecommunity.com. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against pokecommunity.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce, including Donations. During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a supporter subscription, an online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. pokecommunity.com cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Donations are voluntary monetary contributions you make to help support pokecommunity.com pay for server access, bandwidth, administrative maintenance, and related items. All donators will be acknowledged in the donation thread and may earn added 'perks'. These perks, once given, are for the lifetime of your account and can not be transferred to any other user and are subject to change with or without notice. Due the very nature of donations, there are no refunds on donations and pokecommunity.com does not guarantee that you will gain anything from donating. By donating, your agree to these terms.
Errors in Advertisements. On occasion, a product, web page, or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree pokecommunity.com is not responsible for such errors or discrepancies.
Communications with Third Parties Through pokecommunity.com. Your dealings or communications through pokecommunity.com with any party other than pokecommunity.com are solely between you and that third party. For example, certain areas of pokecommunity.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party advertisers, partners, and vendors. Under no circumstances will pokecommunity.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to pokecommunity.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because pokecommunity.com has no control over third party sites and resources, you acknowledge and agree that pokecommunity.com is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of pokecommunity.com, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on pokecommunity.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
pokecommunity.com's copyright agent can be reached as follows: Copyright Agent PPN Hosting (www.ppnhosting.com/contact.html ) Tel: 916-514-0535 (fax), [email protected].
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT POKECOMMUNITY.COM'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to pokecommunity.com's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability. While pokecommunity.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. pokecommunity.com does not represent or warrant that use of any Content will not infringe rights of third parties. pokecommunity.com has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF POKECOMMUNITY.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER POKECOMMUNITY.COM, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING POKECOMMUNITY.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH POKECOMMUNITY.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF POKECOMMUNITY.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES POKECOMMUNITY.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. POKECOMMUNITY.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. POKECOMMUNITY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. POKECOMMUNITY.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE POKECOMMUNITY.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL POKECOMMUNITY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POKECOMMUNITY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $1.00.
Indemnity. You agree to indemnify, defend and hold harmless pokecommunity.com, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of pokecommunity.com; (2) pokecommunity.com's use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
International Users. pokecommunity.com is controlled, operated and administered by pokecommunity.com from its offices within the United States. pokecommunity.com makes no representation that materials or Content available through pokecommunity.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use pokecommunity.com or export the Content in violation of U.S. export laws and regulations. If you access pokecommunity.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. pokecommunity.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of pokecommunity.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
Discontinuation of Service. pokecommunity.com may modify, suspend, discontinue or restrict the use of any portion of pokecommunity.com, including the availability of any portion of the Content at any time, without notice or liability. pokecommunity.com may deny access to any Registered Member or other user at any time for any reason. In addition, pokecommunity.com may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires pokecommunity.com or any of their assets.
Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, USA without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to pokecommunity.com must be filed in a federal or state court located in the proper jurisdiction in California, USA.
Statute of Limitations. You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.
Severability. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
No Waiver. Any failure of pokecommunity.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to pokecommunity.com, and all other provisions for which survival is equitable or appropriate.
PC TOS v2.01.8 20120416