This Terms of Service was last revised on March 13, 2020.
The Effective Date of this Terms of Service is March 13, 2020.
This agreement governs your access and use of primegeekculture.com website and forum wholy owned by RavenEye. In consideration for your right to access and use the Service, you and the Domain agree as follows:
1. ACCEPTANCE OF TERMS
By registering or use of this site, you must be a user who is at least 18 years old. If you are younger than this, please do not register for this Service. If you register for this Service, you represent that you are this age or older. Any account that is found in violation of being younger than 18 years old will have their account terminated and IP address blocked. If you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 17 below.
2. THE SERVICE
You understand and agree that the Service is provided and that the Domain assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular forums, features or services, (3) the inability to access the Service, (4) the failure or inability to post, email, private message, upload, or otherwise transmit ("Transmit" or "Transmitted") information, data, messages, directions, computer programs, pictures, audio/visual works, and or other materials (the "Content") through the Service, (4) the deletion of materials Transmitted through the Service or (5) the failure to store materials Transmitted through the Service.
3. FORUM REGISTRATION
4. CONTENT ACCESSIBLE ON THE SERVICE
Users of this Service are individually responsible for ensuring their compliance with all applicable laws, including those governing intellectual property. To the fullest extent permitted under all applicable laws, the owners and administrators of this Service disclaim all warranties and responsibilities related to the access or use of this site, which is provided on an "AS-IS" basis.
Please use caution and common sense when using the Message Board/Service.
You understand and agree that any Content Transmitted through the Service is the exclusive responsibility of the person who Transmitted it, and that you will be solely responsible for any Content that you Transmit through the Service. You acknowledge that the Domain is not responsible for, does not control, does not endorse and does not verify the Content Transmitted through the Service or available through the Service, and that it makes no guarantee regarding the reliability, privacy, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will the Domain be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content Transmitted through the Service. . You acknowledge there is no guarantee of privacy and no reasonable expectation of privacy for any Content on the Service. You acknowledge that the Domain does not pre-screen Content, but agree that the Domain shall have the right (but not the obligation) to access any Content, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, the Domain shall have the right to access any Content and remove or restrict access to any Content that violates this Agreement or that the Domain believes is otherwise objectionable.
You acknowledge and agree that the Domain may preserve or disclose any Content if it reasonably believes disclosure is required by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Domain, its users and the public.
You specifically acknowledge and agree that you shall not Transmit through the Service any Content which infringes the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights. In the event that such Content (that Content which infringes the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights) is Transmitted in any way through the Service, you shall Indemnify and hold the Service harmless for any said violation.
5. LICENSE GRANTED TO THE DOMAIN
You grant the Domain the world-wide, royalty free and non-exclusive license to preserve and display and publish to the forum any Content you Transmit through the Service, whether your membership is active or discontinued. This specifically does not include publishing the Content in any other format.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) Transmit any Content that:
(1) is unlawful, racial, antisemitic, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy or thought provoking to wish bodily harm or death;
(2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking;
(3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of another such as their addresses, phone number, Social Security number or credit card number;
(6) contains software viruses, Trojan horses 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;
(7) you do not have a right to Transmit due to contractual or other legal obligation;
(d) impersonate any person or entity, including, but not limited to, a Domain official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content Transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or software accessible through the Service;
(g) disseminate off-topic messages on forums promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, the Domain may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
7. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that the Domain may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that the Domain has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. MODIFICATION AND TERMINATION OF SERVICE
The Domain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that the Domain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that the Domain, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that the Domain shall not be liable to you or any third-party for any termination of your use or ability to access the Service and that The Domain shall not be required to delete or otherwise remove accounts or Content at any time. The Domain reserves the right to take any action it deems necessary with respect to your user account and ability to use the Service.
9. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because the Domain has no control over such sites and resources, you acknowledge and agree that the Domain is not responsible for the availability of such 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 the Domain 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.
10. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual propertyrights.
11. 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. THE DOMAIN 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) THE DOMAIN MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY THE DOMAIN.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DOMAIN 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 THE DOMAIN 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, CONDUCT, POSTINGS, EMAILS, UPLOADS, OR TRANSMISSIONS OF ANY THIRD PARTY OR OTHER USER ON THE SERVICE (including any potentially defamatory or tortious statements, or the infringement of any intellectual property rights by any third prty or other user);
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. 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 MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Domain harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you Transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
Notices to you may be made via personal messages, email, or regular mail. The Domain may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
16. LEGAL DISPUTES
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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Domain may amend this Agreement at any time. All amendments shall automatically be effective 30 days after they are initially posted on the site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications.
This Agreement constitutes the entire agreement between you and the Domain with respect to the Service and supersedes all prior agreements and understandings between you and the Domain. The Domain's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
All communications to primegeekculture.com regarding this Agreement shall be addressed as follows:
This Agreement, including its attachments, if any, represents the entire and integrated Agreement between the User and primegeekulture.com, Inc, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended by updating the text, and notification in the Administration section of the Forum, and notice by email to your registered email address. Access of the forum after notice will indicate your agreement to the current Terms Of Service.
If any section, paragraph sentence or clause of this Agreement is determined or declared to be invalid or unenforceable by any court of competent jurisdiction, the remainder hereof shall remain in full force and effect.
22. BINDING EFFECT
This Agreement shall be binding upon the Parties hereto, their administrators, successors, principals, agents, and assigns. In the event that this Agreement is entered into by an Agent or Employee of any Artificial Entity, said Agent or Employee shall be deemed to have Actual and Apparent Authority to enter into this Agreement on behalf of the Principal/Employer/Artificial Entity, and this Agreement shall be binding on the Principal/Employer/Artificial Entity.
The fact that one party has drafted this Agreement shall in no way be used against that party in construing the terms, condition, and obligations hereunder.
Headings and captions used herein are solely for the convenience of the Parties and shall have no legal significance in construing the terms of this Agreement.
25. EMAIL NOTIFICATIONS
If you do not wish to receive emails from the Domain, you may opt out at any time by changing your Messaging and Notification Options setting in your UserCP.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, AND FURTHER AGREE TO HOLD THE OWNERS AND ADMINISTRATORS OF THIS SITE HARMLESS FROM ANY LIABILITY WHATSOEVER RELATED TO THE ACCESS OR USE OF THIS SITE, OR ANY INFORMATION OR MATERIALS APPEARING ON THIS SITE.
This site adheres to FCC, FTC and COPPA regulations as well as provisions of the United States Constitution
17 U.S. Code § 107
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)
15 U.S. Code § 6501
The term “child” means an individual under the age of 13.
(2)Operator The term “operator”—
(A)means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—
(i)among the several States or with 1 or more foreign nations;
(ii)in any territory of the United States or in the District of Columbia, or between any such territory and—
(I)another such territory; or
(II)any State or foreign nation; or
(iii)between the District of Columbia and any State, territory, or foreign nation; but
(B)does not include any nonprofit entity that would otherwise be exempt from coverage under section 45 of this title.
The term “Commission” means the Federal Trade Commission.
(4)Disclosure The term “disclosure” means, with respect to personal information—
(A)the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and
(B)making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through—
(i)a home page of a website;
(ii)a pen pal service;
(iii)an electronic mail service;
(iv)a message board; or
(v)a chat room.
The term “Federal agency” means an agency, as that term is defined in section 551(1) of title 5.
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
The term “parent” includes a legal guardian.
(8)Personal informationThe term “personal information” means individually identifiable information about an individual collected online, including—
(A)a first and last name;
(B)a home or other physical address including street name and name of a city or town;
(C)an e-mail address;
(D)a telephone number;
(E)a Social Security number;
(F)any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or
(G)information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph.
(9)Verifiable parental consent
The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.
(10)Website or online service directed to children
(A)In generalThe term “website or online service directed to children” means—
(i)a commercial website or online service that is targeted to children; or
(ii)that portion of a commercial website or online service that is targeted to children.
A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link.
The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
(12)Online contact information
The term “online contact information” means an e-mail address or another substantially similar identifier that permits direct contact with a person online.
(Pub. L. 105–277, div. C, title XIII, § 1302, Oct. 21, 1998, 112 Stat. 2681–728.)
Prime Geek Culture 2021