Terms of ServiceINTRODUCTION TO THE TERMS OF SERVICE
Star-Fleet ("STF") is a membership based role play game hosted at www.star-fleet.com and related resources maintained by STF. Your use of this service and continued membership is subject to your agreement to the following terms and conditions. STF ("we") wants each visitor to STF ("you") and members of STF ("members") to have a safe and enjoyable experience, so we have established the following terms and conditions so that all parties know what to expect from each other. By using STF you agree to and are bound by the terms set forth herein. We may make changes to STF, these Terms of Service, or the policies and conditions that govern the use of STF at any time. We encourage you to review these terms periodically for any updates or changes. Your continued access to STF shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
Any conduct by you that in our sole discretion restricts or inhibits any other party from using or enjoying STF will not be permitted. You agree to use STF only for lawful purposes. You are prohibited from posting on or transmitting through STF any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are also prohibited from posting or transmitting through STF any advertisements of other role-playing game services without the express permission of the Club President or Vice-President. These terms also apply to all STF controlled resources, including but not limited to our official STF chat channel.
ii) Reproduction of Material
iii) Membership Account Requirements and Restrictions
Holding more than one (1) membership account for any reason is strictly forbidden. The minimum requirements for a membership account are: a) either a first name initial and full surname (for example, J Smith) or a full first name and last name initial (for example, John S) in the Personal Information section, and b) a valid email address. BY AGREEING TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER AND DEMONSTRATE YOUR UNDERSTANDING THAT NO ONE MAY BECOME A MEMBER OF STF UNLESS THEY MEET THE REQUIREMENTS OF THESE TERMS. Should it be found that you are not thirteen (13) years of age or older after agreeing to these Terms of Service, you understand that your membership will be terminated, and all personal information STF received from you will be deleted. STF accepts no legal liability in determining and affirming the age of its members except by agreement to these Terms Of Service, and specifically warrants that STF is not directed to people under the age of thirteen (13).
By holding a position in STF, including a general membership position, you agree to receive messages from other members relating to your position or positions. Members may request to not receive communication from other members that is not related to a position they hold. All members are expected to honor such requests. Harassment of any STF members or former members is strictly forbidden.
v) Failure to Comply
Violation of any or all of these policies can lead to penalties, including but not limited to removal from STF and banning from its servers and related resources. STF is, furthermore, at liberty to contact your Internet Service Provider (ISP) with complaints regarding the violation of these guidelines if such action is determined to be necessary. Any illegal activity will be reported to appropriate law enforcement officials.
i) Copyright of STF Content
You acknowledge that STF contains or may contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, participate in the sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, without the permission of the material's copyright holder. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
ii) Third-Party Copyrighted Material
Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. STF does not presume ownership of images or material designated as (copyright) Paramount and/or it's parent company, Viacom.
iii) Restrictions on Using Copyrighted Characters
STF restricts the use by its members of any character from the Star Trek franchise (including, but not limited to, The Original Series and its subsidiary films, The Next Generation and its subsidiary films, Deep Space Nine, Voyager, and Enterprise) in any context that would involve the Member using the character beyond what is permitted by fair use. That includes, but is not limited to, using copyrighted characters as user controlled characters, user controlled characters being related to copyrighted characters, or making any alterations or changes to copyrighted characters.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING STF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE STF, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY MEMBER OR THIRD PARTY ON STF; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH STF. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, 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 STF, your use of STF, your connection to STF, your violation of the Terms of Service, or your violation of any rights of another.
i) Monitoring, Disclosure, and Investigation
We may elect to electronically monitor areas of STF and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate STF; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from STF, and determine the consequences to be applied to the individual or individuals who created such content.
We may terminate your access, or suspend or alter your access to all or part of STF and related services such as chat channels, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us, or is a violation of our terms of service (this document).
iii) Reproduction of Communications
Transcripts of private chat logs or private emails may be made public on STF and STF controlled resources only if they relate to STF business. Official STF real-time chat venues, such as IRC channels, are considered public and therefore what is said there is not regarded as a private conversation.
LINKS TO THIRD PARTY SITES
If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information, or post graphics, data, text, HTML or code (collectively, "Submissions"), the Submissions shall remain your property and you shall retain all rights, including copyright, to the Submissions and STF shall be granted a perpetual non-exclusive license to use the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall be entitled to unrestricted use of the Submissions for any reasonable purpose whatsoever. Examples of reasonable use include: Modification of executable submissions to correct flaws is reasonable, while distribution to third parties is not reasonable. Archival of textual and graphical submissions is reasonable, while distribution to fan publications is not reasonable. In recognition that not every case can be codified, the president of STF shall make the final determination over what constitutes reasonable use. Other rights may be granted by statute (for example, "Fair Use"). This clause does not revoke rights already present under the law, whether stated explicitly or not.
We control STF from within the United States of America. We make no representation that the Content in STF is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access STF from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to STF, the services provided through STF or the Content shall be governed by the internal laws of the State of Washington, without reference to its choice of law provisions.
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Service, you must cease your use of STF and inform STF of the same. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of STF with or without notice. You agree that any termination of your access to STF may be effected without prior notice or subsequent notification. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to STF.
These Terms of Service constitute the entire agreement between us (you and STF) and govern the use of STF. 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. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service 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 STF or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
We will store any information, including email addresses, which you provide us with. Information you give us will be made available to other members (some or all) on the understanding that they do not abuse this information. Although we do not accept liability for the actions of these members we will take action against them if we feel they have violated our Terms of Service or the law. The severity of such action will be decided by the club president or in his/her absence Vice President and his/her decision will be final. Any or all email addresses and instant messaging nicknames collected are given on a voluntary basis. While STF will do everything in it's power to protect the privacy of instant messaging nicknames and email addresses, STF cannot be held responsible for said information. Collection of email addresses for unsolicited mailings (spam) is strictly forbidden. Such mailings include but are not limited to: 1) advertising for other RPG services, 2) any form of advertising, and 3) dissemination of patently obscene or illegal material.
YOU EXPRESSLY AGREE THAT USE OF STF IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, NOR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), MEMBERS ("MEMBERS") OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT STF WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STF, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH STF.STF IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, MEMBERS OR THE LIKE, SHALL CREATE A WARRANTY.
Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from STF from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
STF reserves the right to alter this agreement at any time without prior notice, as well as the right to set and enforce penalties for violations of these policies, which are to be determined solely by STF. In all cases the decision of the current Club President will be final.
Where the circumstances require, the singular shall refer to the plural, the plural the singular, and the use of any gender shall be applicable to all genders. These Terms of Service are severable such that the invalidity or unenforceability of any provision hereof shall not affect or impair the validity or enforceability of the remaining provisions.