Spry Fox Forums
TERMS OF SERVICE (“TOS”)
Welcome to the game forums (collectively referred to as the “Forums”) brought to you by Spry Fox LLC. Your use of the Forums is governed by these Terms of Service (“TOS”) that you agree to when you register on the Forums. You must agree to these TOS before you can open an account and post on the Forums. The TOS are set out in detail on the Spry Fox web site. By registering on the Forums you are specifically agreeing to these TOS.
1. Limited License to participate on the Forums. Your participation on the Forums as a registered user (“User”) is subject to your ongoing agreement to and compliance with these TOS. Spry Fox grants you a non-exclusive, non-transferable, revocable license to participate on the Forums, subject to these TOS. You may only participate on the Forums for your entertainment. Any commercial use or exploitation of the Forums in any manner is strictly prohibited.
2. Conditions and Limitations. Your Limited License to participate on the Forums is subject to the following conditions and limitations:
a. You will not commercially exploit the Forums, either directly or indirectly, in any manner;
b. You will not in any manner disrupt or facilitate in the disruption of any server used to support the Forums including, but not limited to, ping bombing or denial of service attacks. You acknowledge that, in addition to such actions being a violation of these TOS, they may also be in violation of criminal and civil law and could subject you to criminal and civil penalties; and
c. You will not use the Forums in any manner that violates any law, government regulation or that interferes with any third party rights.
3. Spry Fox Ownership of the Forums. Spry Fox owns all right, title, and interest in and to the Forums as well as to any content on the Forums, including any User generated content. This exclusive ownership includes all User posts. You understand and acknowledge that Spry Fox will constantly make changes to the Forums and will, in its sole discretion, modify features, functions, or abilities of any element of the Forums or remove any content for any reason, or no reason, without limitation.
4. You acknowledge and agree any contribution to the Forums’ content does not in any manner impart on you any rights whatsoever and that any and all content is the property of Spry Fox and has not been conveyed to you except in a limited revocable manner as permitted in these TOS.
5. Use of Forum Account. You acknowledge that the individual agreeing to the license and opening a Forum user account is an adult for that adult or for one or more minor children that they are either the parent or legal guardian of who they have authorized to use the account created for their use by the adult parent or guardian.
6. Forums Account. In order to participate on the Forums each user must establish an Account. When creating an account you will provide Spry Fox with your email address. You must provide a valid email to Spry Fox in order to register on the Forums. Once you establish your Account you will select a user name and set up a password for your Account. Do not share your user name or password with anyone else. You are responsible for maintaining the confidentiality of your Account user name or password, and you will be responsible for all uses of your Account, whether you authorize its use or not. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Account user name or password, you must immediately notify Spry Fox at firstname.lastname@example.org.
7. Account Termination. You or Spry Fox can terminate your Account by closing your Account at any time.
8. Account Ownership. THE ACCOUNT YOU CREATE FOR THE FORUMS REPRESENTS YOUR LICENSE TO PARTICIPATE ON THE FORUMS. IT DOES NOT IMPART OR REPRESENT ANY OWNERSHIP RIGHT TO YOU IN ANY CONTENT ON THE FORUMS. YOU UNDERSTAND AND AGREE THAT ALL OF THE CONTENT ON THE FORUMS IS THE EXCLUSIVE PROPERTY OF SPRY FOX AND YOU HAVE NO PROPERTY RIGHT OR OTHER VESTED INTEREST OF ANY KIND IN YOUR ACCOUNT OR IN ANY OF THE FORUM CONTENT. YOU AGREE AND ACKNOWLEDGE THAT ANY AND ALL RIGHTS TO YOUR ACCOUNT ARE OWNED BY SPRY FOX.
9. Management of Accounts. YOU ACKNOWLEDGE AND AGREE THAT SPRY FOX, AT ITS SOLE DISCRETION, MAY SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON WITH OR WITHOUT NOTICE TO YOU. For informational purposes only, and not as a limitation of Spry Fox’s rights, most adverse account actions are related to violations of these Terms of Service.
10. Rules of Conduct. The Forums is for the entertainment and enjoyment of all of its users. So, there are rules of conduct that help keep the Forums fun for everyone and also protect Spry Fox’s rights (the “Rules”). You must comply with these Rules while participating on the Forums, including when posting on the related forums, including those on any third party fan sites. These Rules must be complied with by everyone who participating on the Forums without exception. All account holders agree to comply with these Rules of Conduct. The Rules set out here are in no way meant to limit any of Spry Fox’s discretionary rights regarding accounts or conduct. They are guidelines that should be followed at all times. Spry Fox retains the right to change these Rules of Conduct at any time.
a. User Conduct. The following Rules of Conduct apply to all users on the Forums, or on the official Forums online web sites or forums or on any fan web sites or forums:
i. While participating on the Forums, you must respect the rights of others and their rights to play and enjoy the Forums.
ii. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users on the Forums or on any official or third party Forums or web sites.
iii. You will not report users maliciously, or cause them to be investigated by Spry Fox for misconduct or violation of these TOS without reason.
iv. You may not post or communicate any user’s real world information (name, address, account names, etc.) on the Forums or on the official or third party Forums or web sites.
v. You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language on the Forums or on the official or third party Forums or web sites.
vi. You may not post or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive imagery or content on the Forums or on the official or third party Forums or web sites.
vii. When communicating on the Forums may not spam, flood, or make duplicate posts.
viii. You may not impersonate any employee of Spry Fox or anyone acting under the authority of Spry Fox or its affiliates on the Forums or on the official or third party Forums or web sites.
ix. You may not violate any local, state, national, or international laws or regulations on the Forums or on the official or third party Forums or web sites.
x. You may not market, promote, advertise, or solicit on the Forums or on the official or third party Forums or web sites.
xi. You may not trick, cheat or defraud any fellow user on the Forums of anything, regardless of its value.
xii. You will follow the instructions of authorized personnel while on the Forums or on the official Forums or web site.
xiii. You may not organize nor be a member of any groups on the Forums that are based on, reflect, or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophies.
b. User and Group Names. Each user gets to select a user name. However, these names have certain restrictions on them. The names of Groups of Users are also governed by the following rules.
i. You may not use any name that belongs to another person with the intent to impersonate that person, including any employee of Spry Fox or anyone acting under the authority of Spry Fox or its affiliates, on the Forums or on the official Forums web sites.
ii. You may not use any name that incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.
iii. You may not use any name that belongs to a public figure, celebrity, or media personality.
iv. You may not use any name that is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
v. You may not use any name that belonging to any religious figure or deity.
vi. You may not use any name that is a character or other names from any Spry Fox Game on the Forums.
vii. You may not use any name that relates to drugs, sex, alcohol, or criminal activity.
11. Disclosure of Information. You acknowledge and agree that Spry Fox has the absolute right, at its sole discretion and without notice to you, to disclose your Internet Protocol (IP) address(es), email address, logs, and other information about you and your activities in response to a request by law enforcement, a court order, or other legal process, if doing so may protect your safety or the safety of others or to protect or enforce Spry Fox’s rights in the Forums.
12. Multiuser Environment. The Forums are accessed by multiple Forums users simultaneously. As a result, you may encounter other users who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while participating on the Forums. You should report any instances of such behavior by sending the user name and description of the offensive conduct to email@example.com. Spry Fox will endeavor to investigate and take whatever actions that Spry Fox, in its sole judgment, determines are reasonable under the circumstances. Spry Fox does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening, or harassing. You assume all risk associated with participating on the Forums in the multiuser environment, and Spry Fox assumes no responsibility for the conduct of any other users, and shall not be liable to you or any other person for the conduct of any other users.
13. No Warranty. THE FORUMS ARE PROVIDED TO YOU “AS IS” AND SPRY FOX DOES NOT WARRANT THAT THE FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. SPRY FOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. SPRY FOX DOES NOT WARRANT THAT THE FORUMS WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.
14. Limitation of Liability. AS A CONDITION OF YOUR LIMITED LICENSE TO THE FORUMS AND OF YOUR CONTINUED USE AND ACCESS TO THE FORUMS YOU AGREE THAT SPRY FOX, ITS AGENTS, SUBSIDIARIES, LICENSORS, OR AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE FORUMS. YOU FURTHER AGREE THAT YOU WILL NOT ASSERT OR MAKE ANY CLAIM OR SUIT AGAINST SPRY FOX OR ITS AGENTS, SUBSIDIARIES, LICENSORS OR AFFILIATES RELATED TO OR BASED ON YOUR CLAIMED OWNERSHIP OF ANY CONTENT ON THE FORUMS OR FOR THE DELETION OR TERMINATION OF YOUR USER ACCOUNT OR CONTENT, IN WHOLE OR IN PART, FOR ANY REASON OR FOR NO REASON.
15. Governing Law and Venue. These TOS are governed by and construed in accordance with the laws of the state of Washington, USA, and will be binding upon the account holders on the Forums worldwide. You hereby agree to the jurisdiction of the appropriate judicial tribunal in Seattle, Washington, USA. You agree to the resolution of any and all disputes arising under these TOS, or actions to enforce the terms of these TOS, is in the exclusive jurisdiction of state and federal Courts located in Seattle, King County, Washington, USA. YOU AGREE THAT YOU WAIVE ANY OBJECTION TO SUCH VENUE OR EXCLUSIVE JURISDICTION.
16. Additional Spry Fox Remedies. You agree that your compliance with these TOS is necessary and reasonable in order to protect Spry Fox and its business, and expressly agree that monetary damages would be inadequate to compensate Spry Fox for any breach of these TOS. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Spry Fox and that, in addition to any other remedies that may be available in law, equity, or otherwise, Spry Fox will be entitled to obtain injunctive relief against the threatened breach of the TOS or the continuation of any such breach by you, without the necessity of a bond or proving actual damages.
17. Severability of Provisions. If a court of competent jurisdiction holds any term, covenant or restriction of these TOS to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and provisions will remain in full force and effect and will in no way be affected, impaired or invalidated. If any provision in these TOS is determined to be unenforceable because of its scope, duration, geographical area, or other factor, then the court making that determination will have the power to reduce or limit such scope, duration, area, or other factor, and such provision will be then enforceable in its reduced or limited form to the maximum extent allowable.
18. Complaints. Any User complaints related to the Forums or to any violation of these TOS should be directed to firstname.lastname@example.org.
19. Copyright Claims. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Forums in a way that may constitute copyright infringement, you may provide notice of your claim to Spry Fox’s Designated Agent listed below. For your notice to be effective, it must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. A description of the copyrighted work that you claim has been infringed upon;
iii. A description of where the material that you claim is infringing is located on this Forums;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
v. 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; and
vi. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spry Fox’s Designated Agent is:
Spry Fox LLC
Thomas H. Buscaglia
Spry Fox General Counsel
23133 Vashon Highway SW
Vashon, WA 98070
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Well, that’s it. If you have any questions or comments, please send them, to email@example.com.
Spry Fox Forums Terms of Service, version 1.0.
Last Update: July 16, 2012