1. ACCEPTANCE OF TERMS
Welcome to Carrion Fields. Carrion Fields 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.carrionfields.org/terms.html. In addition,
when using particular Carrion Fields services, you and Carrion Fields 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
Carrion Fields currently provides users with access to on-line
resources, including, various communications tools, online forums,
personalized content and onling gaming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new
Carrion Fields properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that Carrion Fields assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device.
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
Carrion Fields has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Carrion Fields 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). Carrion Fields is concerned about the
safety and privacy of all its users.
4. CARRION FIELDS PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, please see our full privacy
policy at http://www.carrionfields.org/privacy.html.
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 Carrion Fields 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. Carrion Fields 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 Carrion Fields, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the
Service. Carrion Fields 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, or objectionable. Under no
circumstances will Carrion Fields 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
| a. |
upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
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 Carrion Fields 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 or otherwise transmit any Content that you
do not have a right to transmit 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 or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
| g. |
upload, post, email or otherwise transmit 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 or otherwise transmit 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 Carrion Fields does not pre-screen Content, but
that Carrion Fields 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, Carrion Fields
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 Carrion Fields
or submitted to Carrion Fields, including without limitation information
in Carrion Fields
Message Boards, and in all other parts of the Service.
You acknowledge and agree that Carrion Fields 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 Carrion Fields, 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. PUBLIC CONTENT POSTED TO CARRION FIELDS
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a publicly
accessible area of the Service would include public
Carrion Fields Message Boards, but would not include private Carrion
Fields communication services such as Carrion Fields Mail.
(b) With respect to all other Content you elect to post to
publicly accessible areas of the Service, you grant Carrion Fields the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold Carrion Fields, 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 to or transmit 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 Carrion Fields 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 Carrion Fields'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 Carrion Fields 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 Carrion Fields reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge
that Carrion Fields 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
Carrion Fields 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 Carrion Fields 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 Carrion Fields, 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 Carrion Fields
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. Carrion Fields 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 Carrion Fields 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 Carrion Fields 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 Carrion
Fields 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 Carrion Fields has no control
over such sites and resources, you acknowledge and agree that Carrion
Fields 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 Carrion
Fields 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. CARRION FIELDS' 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 Carrion Fields 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.
Carrion Fields 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 Carrion Fields 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. CARRION FIELDS
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. |
CARRION FIELDS 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 CARRION FIELDS 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 CARRION FIELDS 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 CARRION
FIELDS 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. 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.
21. TRADEMARK INFORMATION
Carrion Fields, the Carrion Fields logo, and My Carrion Fields
trademarks and service marks, and other Carrion Fields logos and product
and service names are trademarks of Carrion Fields, LLC.
(the "Carrion Fields Marks"). Without Carrion Fields's prior permission,
you agree not to display or use in any manner, the Carrion Fields Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
Carrion Fields 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, please provide Carrion
Fields's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Carrion Fields's Copyright Agent for Notice of claims of
copyright infringement on its site is Matt Hamby who can be reached
as follows:
By mail:
Matt Hamby c/o Carrion Fields, LLC.
P.O. Box 3003 Springfield, Missouri 65808-3003
email: copyright@carrionfields.org
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Carrion Fields
and govern your use of the Service, superceding any prior agreements
between you and Carrion Fields. 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 Carrion Fields shall be governed by the laws of the State
of Missouri without regard to its conflict of law provisions. You and
Carrion Fields agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Greene, Missouri. The failure
of Carrion Fields 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.
24. VIOLATIONS
Please report any violations of the TOS to our Partners
|