Last Updated: January 27, 2010
1. The Site and the Service
1.2. The information on the Site and contained within the Service, including without limitation the look and feel of the Site and all design, text, images, trademarks, tradenames, logos, press releases and other information, advertised, presented, or discussed on the Site or contained within the Service, is protected under United States and other copyright laws and is owned by Legend of DICE or used under license from the owner of the intellectual property rights. In addition, all right, title, and interest in all servers and server-
2. Age of Users: Children Under 13.
3. Terms of Registration and Use of the Site and the Service.
3.3. You agree to be responsible for your use of the Site and the Service (as well as for use of your account by others, whether or not such use is with your authorization, including without limitation any minors) and to comply with your responsibilities and obligations.
3.4. When and if you complete the online registration form for the Service, you agree to provide accurate, current, and complete information about yourself (the “Personal Data”), and to maintain and update your Personal Data to keep accurate, current, and complete. You agree that Legend of DICE shall have no obligation to verify the Personal Data, and that Legend of DICE may rely on your Personal Data as accurate, current, and complete. You agree that if your Personal Data is untrue, inaccurate, not current, or incomplete in any respect, that Legend of DICE shall have the right, without obligation, to terminate your account immediately upon notice to you. You agree that Legend of DICE may index and publish or display any Information that you transmit, upload or post to the Site or the Service, including any profile information provided by you or your public postings on or to the Site or the Service.
3.5. As part of the registration process, you will be asked to select a username and password. Legend of DICE reserves the right to refuse to grant any username that impersonates the name of another User or any third party, that may be illegal, that may be or is protected by copyright, trademark, or other intellectual property or proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as Legend of DICE may determine in its sole discretion. You are solely responsible to maintain the confidentiality of your username and password, and to monitor and police the use thereof, and for any and all activities that are conducted using such username and password, and agree not to transfer or resell your username, password, or use of or access to the Service to any third party.
4. User Conduct.
4.1. You understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (“Information”), whether publicly or privately transmitted, are the sole responsibility of the User or party from which such Information originated. This means that you are responsible and may be held legally liable for all Information that you upload, post, or otherwise transmit via the Site or the Service. For example, and without limitation, you shall not:
(1) transmit, upload, or post via the Site or the Service any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another’s privacy, exploitation of a minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, tortious, obscene, or otherwise objectionable;
(2) publish any falsehoods or misrepresentations that may affect Legend of DICE or any third party;
(3) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another;
(4) transmit upload or post via the Site or the Service any Information that you do not have a right to transmit under any law, including but not limited to Information that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right;
(5) transmit, upload or post any Information 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 or network equipment;
(6) disrupt the normal flow of Information available on or through the Site or the Service or otherwise act in a manner that negatively affects other Users,
(7) transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of the Site or the Service or Legend of DICE’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service or Legend of DICE’s servers, networks, directories, databases and/or listings;
(8) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;
(9) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(10) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of the Site or the Service, use of the Site or the Service, or access to the Site or the Service or any part thereof;
(11) impersonate in any way, including but not limited to, by way of forging headers, or otherwise manipulate identifiers, any person, entity, Legend of DICE official, operator, or host;
(12) collect or store personal data about other Users in any way or form or solicit or harvest passwords or screen names;
(13) use your allocated web space (if any) on the Site or the Service as storage for remote loading of Information, or rent, sub-
(15) transmit “junk mail,” “spam,” “chain letters”, or unsolicited mass distribution of email;
(16) post your e-
(17) express or imply that any statements you make are endorsed by Legend of DICE;
(19) “frame” or “mirror” any part of the Site or the Service or the Site without Legend of DICE’s express written permission. Legend of DICE reserves the right to disable any account of any User who violates this Section 4.1.
4.2. Legend of DICE does not control, monitor or review the Information uploaded, posted, transmitted or made available on or through the Site or the Service and, as such, shall not be responsible for any Information and does not guarantee the accuracy, integrity, or quality of such Information. You understand that by using the Site and/or the Service, you may be exposed to Information that is offensive, indecent, or objectionable.
4.3. You are solely responsible for your interactions with other Users. Legend of DICE has the right, without obligation, to monitor disputes between you and other Users.
4.4. Furthermore, you agree not to use or launch any automated system, such as "robots," "spiders," "offline readers," and the like, that might cause access to the Site or the Service in a way that would deliver more messages to the server(s) of the Site in a certain period of time than a person can reasonably produce in the same period by using a conventional on-
4.5. Site feeds in the RSS format are provided free of charge for use by individuals for personal, non-
5. Information Posted or Transmitted via the Service.
5.1. By transmitting, uploading, posting or submitting any Information via the Site or the Service you (a) declare such Information is not confidential, secret or proprietary information belonging to a third party; (b) warrant that no other party has rights to the Information (including privacy and publicity rights) and that your transmission, posting, uploading or submission of the Information via the Site or the Service does not violate any copyright or other laws; and (c) irrevocably grant Legend of DICE, a worldwide, sublicensable, transferable, royalty free, non-
5.3. Legend of DICE may establish general practices and limits concerning your use of the Site or the Service and its features, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Site or the Service, the maximum disk space that will be allotted on Legend of DICE servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or the Service in a given period of time. You agree that Legend of DICE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained by or transmitted to the Site or the Service. You acknowledge that Legend of DICE reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that Legend of DICE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5.4. THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING THE SITE OR THE SERVICE YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS; (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE, DISTRIBUTE, MODIFY, OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY, AND EXPORT LAWS.
6. Third Party Links.
The Site or the Service may include links to third party Web sites. These links allow you to exit the Site or the Service and enter such third party Web sites. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Legend of DICE and Legend of DICE is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply Legend of DICE’s sponsorship or endorsement of the linked site. In no event shall Legend of DICE be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties’ Web sites or the Information, advertising, products, resources or material accessed through these websites. Legend of DICE reserves the exclusive right and sole discretion to add, decline, or remove, without warning, any icon or link to a list or Web site from the Site or the Service.
7. Advertising on the Site or the Service.
Legend of DICE and / or its business partners or affiliates may run advertisements and promotions within the Site or the Service. By registering for and using the Site or the Service, you agree that Legend of DICE and / or its business partners and affiliates have the right, in Legend of DICE’s sole discretion, to run such advertisements and promotions. These advertisements and promotions may include, but shall not be limited to, banners, advertisements, and pop-
8.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK AND PERIL. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM -
8.2. LEGEND OF DICE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE, FOR ANY PURPOSE, NOR ABOUT THEIR LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. THE INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE IS NOT REVIEWED, CONTROLLED, OR EXAMINED BY LEGEND OF DICE IN ANY WAY BEFORE IT APPEARS ON THE SITE OR THE SERVICE. LEGEND OF DICE DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR INFORMATION AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR SUCH CONTENTS (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).
8.3. LEGEND OF DICE DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; 2) THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE WILL NOT CONTAIN ADULT-
9. LIMITATIONS OF LIABILITY; INDEMNITY.
9.1. IN NO EVENT SHALL LEGEND OF DICE BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA, OR INFORMATION, LOSS OF PROFITS OR SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING -
9.2. IN NO EVENT SHALL LEGEND OF DICE BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SITE OR THE SERVICE, THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGES ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE.
9.3. YOU EXPRESSLY AGREE THAT LEGEND OF DICE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR IS IT REQUIRED TO RETURN ANY DATA, RESULTING FROM THE SUSPENSION OR DELETION OF THE SITE OR THE SERVICE (OR ANY PART THEREOF), NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS.
9.4. YOU EXPRESSLY AGREE THAT LEGEND OF DICE SHALL NOT BE LIABLE FOR ANY CONDUCT BY OTHER USERS OF THE SITE OR THE SERVICE, OR ANY OTHER THIRD PARTIES WITH WHOM YOU MAY COMMUNICATE USING THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS, INFORMATION PROVIDED, OR ACTIONS INCIDENT TO OR IN CONNECTION WITH YOUR COMMUNICATIONS WITH SUCH USER(S) OR THIRD PARTIES.
9.5. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD LEGEND OF DICE, AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-
10. NOTICE OF COPYRIGHT ISSUES
If you are a copyright owner or an agent thereof and believe that any Information submitted by any User or other Site content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Legend of DICE’s designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail: Copyright Agent/Legal Department
c/o Legend of DICE
P.O. Drawer 14
Hilton Head Island, SC 29938
By email: xMrDICEx@legendofdice.com
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Legend of DICE customer service through customerservice@Legend of DICE.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your submitted or posted User Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Information, you may send a counter-
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-
If a counter-
11.5. Content and software associated with the Service and/or the Site is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-
11.8. Any reference made in this document to Legend of DICE shall be deemed to have been made to Legend of DICE, its subsidiaries, successors, assignees, affiliates as well as any company that controls Legend of DICE, directly or indirectly, and any other subsidiary of that controlling company.
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