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Terms of Service
By using the Exoriare.com website, a service of Smoking Gun Interactive Inc. (“SGI”), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Basic Terms
- You must be 18 years old (21 in any country where 18 is not the age of majority).
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other users.
- You may not use the Exoriare.com website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Exoriare.com website.
- You must not modify, adapt or hack Exoriare.com or modify another website so as to falsely imply that it is associated with Exoriare.com.
- You must not create or submit unwanted email to any members ("Spam").
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Exoriare.com website, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Exoriare.com account. While SGI prohibits such conduct and content on its site, you understand and agree that SGI cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Exoriare.com website at your own risk.
General Conditions
- SGI reserves the right to modify or terminate the Exoriare.com service for any reason, without notice at any time.
- SGI reserves the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, SGI will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at SGI’s sole discretion, in good faith and using common sense and reasonable judgement.
- SGI reserves the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
- SGI may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- The Exoriare.com website makes it possible to post images and text hosted on Exoriare.com to outside websites. However, pages on other websites which display data hosted on Exoriare.com must provide a link back to Exoriare.com.
- SGI reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Privacy
SGI collects, uses, and discloses your personal information in accordance with its Privacy Policy. By accepting this Agreement, and each time you use the Exoriare.com service, you consent to SGI's collection, use and disclosure of your personal information in accordance with the Privacy Policy (below).
Links to Third Party Sites
The Exoriare.com website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of SGI and SGI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SGI is not responsible for webcasting or any other form of transmission received from any Linked Site. SGI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SGI of the site or any association with its operators.
Intellectual Property Rights
Content on Exoriare.com is owned by SGI or SGI’s third party licensors and is protected by Canada and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from Exoriare.com unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. SGI reserves all rights in SGI owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on Exoriare.com may result in the termination of your Exoriare.com account, prohibition on use of Exoriare.com services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless SGI from any unauthorized or illegal conduct by you, or through the use of your account, on the Exoriare.com website.
Contributing Third Party Content to Exoriare.com
SGI respects the intellectual property rights of others. You must have the legal right to upload Content to the Exoriare.com website. You may not upload or post any Content on the Exoriare.com website that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. SGI may, without prior notice to you and in its sole discretion, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of SGI's or a third party’s intellectual property rights, we may terminate your account without notice to you.
Contributing Your Own Content to the Exoriare.com Website; License Grant to SGI and Others
SGI does not claim ownership of the materials you provide to SGI (including feedback and suggestions) or post, upload, input or submit to the Exoriare.com website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SGI a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant SGI all licenses, consents and clearances to enable SGI to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the Exoriare.com website on which you contribute Content permits other users to access and use that contributed Content as part of the Exoriare.com service, than you also grant all other users of the relevant Exoriare.com service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Exoriare.com service without further notice, attribution or compensation to you.
Notices and Procedures for Making Claims of Copyright Infringement
Exoriare.com undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Twitter to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to copyright@smokingguninc.com or Smoking Gun Interactive Inc., Suite 400, 1706 West 1st Avenue, Vancouver, BC, Canada, V6J 0E4. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).
RSS Feeds
The Exoriare.com website may provide RSS (really simple syndication) feeds (“RSS Feeds”) as part of the service to allow you to obtain certain parts of the Content in XML format ("RSS Content") for display on designated pages of your website (“Your Website”). If you subscribe for the RSS Feeds, you acknowledge that any use of the RSS Feeds and RSS Content is subject to the terms set out herein and by subscribing to the RSS Feeds you are agreeing to be bound by these Terms of Service including without limitation the terms set out in this section.
RSS Feeds are offered by SGI for non-commercial use. Subject to the terms and conditions of this Agreement, SGI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to incorporate and display RSS Feeds as provided by SGI onto Your Website under the name of Exoriare.com or as otherwise designated by SGI in any manner. These limited rights shall be automatically and immediately revoked upon any termination of this Agreement. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS Feeds as provided by SGI, and you may not edit or modify the text, content or links supplied by SGI in any way. You are responsible, at your cost, to create or apply software so that any person you permit to click on SGI links on Your Web site ("Your User") can pull down the related page from the Exoriare.com website to Your User’s computer.