News 01/11 |
News
Update: The new Site Map is finished. --------------------------------------------------- As you all may know, the DA portion of Dreyrull is down. All the images that were tied to Stryde's account have gone into storage. Over the next few weeks we'll be updating that, so all Aershaa can be seen on the site. Pardon our dust! --------------------------------------------------- An adoption bazaar containing 9 characters is now open in the Den of the Ancients ------------------------------------------------------- |
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| Legal Terms of Service | |
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| Tweet Topic Started: Jan 14 2016, 08:28 AM (351 Views) | |
| rei-azalia | Jan 14 2016, 08:28 AM Post #1 |
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A Chill Bro
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Terms of Service Welcome to The Realm of Dreyrull (“Dreyrull”) web site – www.dreyrull.com (“Website”) – and online services. This Terms of Service (“Terms” or “Agreement”) is for the members, customers, users, and other guests who visit and use Dreyrull (collectively or individually, “Members”). The services here are offered by Dreyrull. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. By registering to this site, you acknowledge that you have read, understood, and agree to be bound by the terms listed below, including any guidelines or FUTURE modifications that may or may not be made (collectively, the “Terms”). If you do not agree to these terms, then PLEASE do NOT use and register to this site. 1.Privacy Notice. Your privacy is important to Dreyrull. We will never give out any information that a member registers with. Dreyrull uses the information you provide when registering to operate, maintain, enhance, and provide to you all the features and services found on Dreyrull. We will use your email address, without further consent, for administrative purposes only, such as sending account activation and “welcome” emails, notifying you of major or important updates to the Dreyrull website, for customer service purposes, to address copyright infringement issues, or to contact you in any inactivity on the Dreyrull website. 1.It is up to your discretion if you wish to share your personal information with anyone, but it is recommended that you keep your personal information (billing address, credit card number, social security number, etc) to yourself and that you never share this information with anyone in any part of this site or any site online. 2.You are responsible for maintaining and keeping your unique password and account information secret at all times. 3.We do not provide any of your personal information to third-party companies, ad servers, or ad networks without your written consent to do so. 4.Once we receive your information, Dreyrull will take every action necessary to keep your information as secure as possible, however, please note that there is no guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of our physical, technical, or managerial safeguards. 5.Please note that this website is for members 13 years of age and older. If there is anyone who joins who is under the age of 13, we please ask that you do not join or access this site in any manner. If Dreyrull learns that a member is under 13 years of age has joined without verifiable parental consent, Dreyrull will take the appropriate steps to delete this information. If you are a parent or guardian and have discovered your child has joined and accessed this website, then you may alert Dreyrull at dreyrull@gmail.com and request that your child’s account and information be deleted immediately from the system. 6.We do allow international users to access the website, but please keep in mind that when you use this site, you are providing your information to the United States and are hereby giving your consent for the transfer of your data from your country. 7.For any updates to the privacy notice or any changes within these terms, please refer back to this page often, otherwise we will send out notifications of any changes to the Terms via email to all registered members. Any changes to the notice will be in effect immediately. ---> i.Privacy Notice Effective as of November 5, 2012. 2.Individual Features and Services. When using The Realm of Dreyrull, you will be subject to any additional posted guidelines, including the Rules and Regulations and the “Announcements” or “Stickies” found on the website. You may also find these additional guidelines on the Skysa© bar located at the bottom of each forum page. All such Guidelines are hereby incorporated by reference into these terms. 3.Modification of these Terms. Dreyrull reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting a notice on the Website or by sending the members an email. Please check back and refer to these Terms periodically for any changes that may have been made. Your continued use of Dreyrull after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the Dreyrull website. 4.Prohibited Conduct. By using The Realm of Dreyrull, you agree NOT to: 1.‘Stalk,’ harass, threaten, or defraud the Members of Dreyrull; 2.Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethically insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive content to other Dreyrull Members; 3.Make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Dreyrull, or send junk mail or chain letters to the other Dreyrull Members; 4.Impersonate another person or access another Member’s account without permission, or impersonate Dreyrull’s staff; 5.Fail to deliver any purchases made toward artwork on Dreyrull; 6.Share Dreyrull-issued passwords with a third party or encourage other Members to do so; 7.Misrepresent the source, identity, or content of information transmitted via The Realm of Dreyrull, (such as claiming any artwork is yours when it in fact is not) or otherwise infringing any trademark, copyright, right of publicity, or other right of any other person or entity; 8.Use or encourage others to use Dreyrull for any illegal purpose; 9.Use site features for anything other than their intended purpose, including exploiting site glitches for personal gain; 10.Interfere with any security-related features of The Realm of Dreyrull; 11.Intentionally interfere with the operation of Dreyrull or any Member’s enjoyment of it, including intentionally posting inflammatory statements to get a reaction (“Trolling”); 12.Post, request, or link to sexually explicit material or conduct; 13.Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor; 14.Post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Dreyrull or any third party; 15.Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Dreyrull, except to the limited extend applicable laws specifically prohibit such restriction; 16.Use bots on the site; buy, sell or trade Dreyrull shards for non-Dreyrull items (including cash) or vice versa; or attempt to hack or scam other members; 17.Engage in any other conduct prohibited by our Rules and Guidelines. 5.Eligibility; Account Information. The Realm of Dreyrull is not available to persons under the age of 13 or to any Members suspended or removed from The Realm of Dreyrull by Dreyrull. You agree that the information you provide to Dreyrull during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. Dreyrull may, in its sole discretion, refuse to offer The Realm of Dreyrull to any person or entity. Dreyrull may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access The Realm of Dreyrill is revoked in such jurisdictions. 6.Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur within your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computers, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Dreyrull at aershaa@gmail.com. You may be liable for the losses incurred by Dreyrull or others due to any unauthorized use of your account. 7.Ownership; Proprietary Rights Dreyrull is owned and operated by The Realm of Dreyrull. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Dreyrull, including without limitation any artwork, Dreyrull Shards, Member Submissions, Dreyrull Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Dreyrull are the property of Cassidy Ford, the owner and creator of The Realm of Dreyrull, or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Dreyrull or its affiliates and/or third-part licensors. Except as expressly authorized by Dreyrull, you agree to not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials. 8.Member Submiussions. 1.Definition of Member Submissions. Dreyrull may now or in the future permit submissions in journals, profiles, signatures, personal ads, chat, messages, reviews, blogging, etc. by you and other Members (“Member Submissions”), and the hosting, sharing, and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Dreyrull does not guarantee any confidentiality with respect to any Member submissions. 2.Ownership, Limited License Grants. Members retain all ownership rights in the Member Submissions. ---> i.Limited License Grant to Dreyrull. By submitting Member Submissions to The Realm of Dreyrull, you hereby grant Dreyrull, solely as necessary to provide the features and functionality of the part(s) of The Realm of Dreyrull within which you choose to make your Member Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sublicensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit (“Use”) your Member Submissions within The Realm of Dreyrull in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions. This license does not grant Dreyrull the right, except in providing the Dreyrull service, to use your Member Submissions for any other commercial purposes. ---> ii.Limited License Grant to other Dreyrull Members. By Submitting Member Submissions to The Realm of Dreyrull, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain Dreyrull functionality and there Terms, you hereby grant to such Member of The Realm of Dreyrull a non-exclusive license to Use your Member Submissions solely as necessary for such Members to participate in the relevant Dreyrull functionality or activity. 3.Required Right in the Member Submissions. You shall by solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to Use and to authorize Dreyrull and Dreyrull’s Members to Use your Member Submissions as necessary to exercise the license granted to you in Section 8.2 above; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Dreyrull and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on The Realm of Dreyrull (this being the Shards system, or the other forms of payment toward art provided by Cassidy “Stryde” Ford, or the respective artist). 4.Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dreyrull all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dreyrull or any third party or Member; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by these Terms. 5.Member Submissions Disclaimer. You understand that when using The Realm of Dreyrull you will be exposed to Member Submissions from a variety of sources, and that Dreyrull is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dreyrull with respect thereto, and agree to indemnify and hold Dreyrull, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of The Realm of Dreyrull. Dreyrull does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Dreyrull expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Dreyrull may investigate that allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. Dreyrull has the right, but not the obligation, to monitor The Realm of Dreyrull, and Dreyrull may remove any Member Submission at any time for any reason. For clarity, Dreyrull does not permit copyright infringing activities on The Realm of Dreyrull. 9.Messaging and Chat. 1.You are welcome to post, transmit or submit chat and messages (collectively “Messages”) within, or in connection with, The Realm of Dreyrull. Dreyrull accepts no responsibility whatsoever in connection with or arising from such Messages. Dreyrull does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Dreyrull prior to posting and do not necessarily reflect the opinions or policies of Dreyrull. Dreyrull makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and the reliability of any Messages and other materials in the Forums. Nonetheless, Dreyrull reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time. 2. Dreyrull assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Dreyrull chooses, in its sole discretion, to monitor Forums, Dreyrull nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Dreyrull accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. 3.When in the chat (collectively, “Dreychat”), you may talk about any subject matter you want, so long as it is not offensive, harmful, threatening, pornographic, abusive, or otherwise inappropriate. Dreyrull holds no responsibility over the content of the Dreychat when an Administrator or staff member is not available or otherwise reachable through any means. If a staff member is available and is participating in the Dreychat it is then their responsibility to act accordingly if a problem that violates the Terms arises. 10.Prohibited Uses. 1. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access The Realm of Dreyrull from locations outside of the Unites States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. 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. Members visiting The Realm of Dreyrull from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content. 2. Any use of The Realm of Dreyrull other than for private, non-commercial use is strictly prohibited. As a condition of your use of The Realm of Dreyrull, you will not use The Realm of Dreyrull for any purpose that is unlawful or prohibited by these Terms. You may not use The Realm of Dreyrull in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of The Realm of Dreyrull. You may not attempt to gain unauthorized access to The Realm of Dreyrull, or any part of them, other accounts, computer systems or networks connected to The Realm of Dreyrull, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of The Realm of Dreyrull or any activities conducted on The Realm of Dreyrull. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Realm of Dreyrull. You agree neither to modify The Realm of Dreyrull in any manner or form, nor to use modified versions of Dreyrull, including (without limitation) for the purpose of obtaining unauthorized access to The Realm of Dreyrull. 11.Shards, Virtual Currency. Throughout your Dreyrull experience, you may accumulate “Shards,” which constitutes a limited license right to use a feature of The Realm of Dreyrull when, as, and if allowed by Dreyrull. Shards are the fictional currency used in the world of The Realm of Dreyrull and it may be used to purchase virtual goods or virtual services (including, but not limited to, Den of Ancients Rehoming Characters, Member Submissions, etc.). Dreyrull may charge fees for the right to use Shards, or may distribute Shards without charge, in its sole discretion. Regardless of terminology used, Shards represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Gaia at any time. You agree that Dreyrull has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Shards as it sees fit in its sole discretion, and the Dreyrull will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout The Realm of Dreyrull, in the context of Shards transfers: (a) the term “sell” means “to transfer for consideration to another Member or Dreyrull the licensed right to use Shards in accordance with these Terms” and (b) the term “buy” means “to receive for consideration from another Member or Dreyrull the licensed right to use Shards in accordance with these Terms.” Dreyrull may halt, suspend, discontinue, or reverse any Shards transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with The Realm of Dreyrull, such as creating multiple secondary accounts strictly to accumulate Shards by using site features and then funneling it to a singular account. 12.Fees and Payment Terms; Subscriptions. 1.Dreyrull may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. Dreyrull reserves the right to change its fees at any time, and will provide notice upon the site. Use of The Realm of Dreyrull by you following such notification constitutes your acceptance of any new or increased charges. If you purchase a Template, Edit, or Full Custom or any other product from The Realm of Dreyrull, then you agree to pay for any such purchases, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as changing billing address, credit card number or expiration date) and notify Dreyrull if your selected payment method is cancelled or comprised (e.g., for loss or theft). 2.You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. You must pay the amount therein at the time of purchase before any custom is made for you. If you cannot pay the full amount a payment plan can be made with the artist in question, but you agree to pay the full amount before the final product is delivered to you. 13.Third-Party Sites, Products and Services; Links. 1.The Realm of Dreyrull may include links to other web sites or services solely as a convenience to Members (“linked sites”). Dreyrull does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Dreyrull makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Dreyrull shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site. 2.Your correspondence or business dealings with, or participation in promotions or, advertisers found on or through The Realm of Dreyrull are solely between you and such advertiser. You agree that Dreyrull will 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 Realm of Dreyrull. 14.Violations; Termination. You agree that Dreyrull, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Dreyrull or you use of The Realm of Dreyrull and remove and discard all or any part of your account including Shards, Characters, or any Member Submission, at any time. As all aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. Dreyrull may also in its sole discretion and at any time discontinue providing access to The Realm of Dreyrull, or any part thereof, with or without notice. You agree that any termination of your access to The Realm of Dreyrull or any account you may have or portion thereof may be effected without prior notice, and you agree that Dreyrull shall not be liable to you or any third party for any such termination. As discussed herein, Dreyrull does not permit copyright infringing activities on the Realm of Dreyrull, and reserves the right to terminate access to The Realm of Dreyrull, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination or your use of The Realm of Dreyrull may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Dreyrull may have at law or in equity. 15.Disclaimers; No Warranties. You acknowledge that Dreyrull has no control over, and no duty to take any action regarding, which users gain access to The Realm of Dreyrull; what Materials you access via The Realm of Dreyrull; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. The Realm of Dreyrull may contain links to websites containing information that some people may find offensive or inappropriate. You release Dreyrull from all liability for your having acquired or not acquired Materials through the Website. The Realm of Dreyrull AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REALM OF DREYRULL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DREYRULL, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DREYRULL, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN The Realm of Dreyrull WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT The Realm of Dreyrull OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DREYRULL, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF The Realm of Dreyrull IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DREYRULL NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF The Realm of Dreyrull AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 16.Indemnification; Hold Harmless. You agree to indemnify, save, and hold Dreyrull, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of The Realm of Dreyrull, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Dreyrull reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Dreyrull, and you agree to cooperate with Dreyrull’s defense of these claims. 17.Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DREYRULL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIABLE, OR EXEMPLARY DAMAGES THAT RESULTS FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE REALM OF DREYRULL, OR ANY OTHER INTERACTIONS WITH DREYRULL, EVEN IF DREYRULL OR A DREYRULL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DREYRULL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL DREYRULL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE REALM OF DREYRULL, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER DREYRULL MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE REALM OF DREYRULL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS. WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN DREYRULL AND RECEIVED THROUGH OR ADVERTISED ON THE REALM OF DREYRULL OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE REALM OF DREYRULL. 18.Miscellaneous. 1.Notice. The Realm of Dreyrull may provide you with Notices, including those regarding to these Terms, by email, regular mail, or postings on the Dreyrull Website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Dreyrull is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through The Realm of Dreyrull. In such case, notice will be deemed given three (3) days after the date of mailing. 2.Waiver. The failure of Dreyrull to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dreyrull. 3.Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. 4.Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Dreyrull will be filed only in the state or federal courts in and for Worcester County, Massachusetts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. 5.Severability. If any provision of these Terms or Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 6.Assignment. These Terms and related Guidelines, and any rights and licenses grated hereunder, may not be transferred or assigned by you, but may be assigned by Dreyrull without restriction. 7.Survival. Sections 7 and 13 through 18 will survive any termination of these Terms. 8.Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provision hereof. 9.Entire Agreement. This is the entire agreement between you and Dreyrull relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Dreyrull as set forth in Section 3 above. 10.Claims. YOU AND DREYRULL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE REALM OF DREYRULL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH A CAUSE OF ACTION IS PERMANENTLY BARRED. 11.Contact. The services hereunder are offered by The Realm of Dreyrull, located in Massachusetts, email: dreyrull@gmail.com. If you are a Massachusetts resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. |
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3:29 PM Jul 11