Terms of Service
Terms of Service
We run a web site called unscriptured.com and would love for you to use it. Our basic service is free, and we plan to offer paid upgrades for advanced features at a later time. Our site is designed strictly to provide entertainment. However, be responsible in what you post to the site. In particular, make sure that none of the prohibited items listed below appear in your posts or get linked to from your posts or user page (things like spam, viruses, hate content, etc). Please make sure you read through the list and the rest of the terms and agree with them before you get started.
We allow users of the website to post comments and other material. It is our hope to do additional projects (for example, a book showcasing the best material from the site), and by posting to the website you grant us a license to republish what you post. SO DO NOT POST anything that you do not own rights to.
(Note, the below Terms of Service are modeled on those developed at WordPress.com, and released by them under a Creative Commons Sharealike license. If you would like to repurpose these for your own use, you are welcome, but would probably do well to start with their original (http://wordpress.com/tos/). They note that, if you want, they’d appreciate a link to WordPress.com somewhere on your site.)
Terms of Service:
Your unscriptured.com Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and unscriptured.com may change or remove any post or comment that it considers inappropriate or unlawful, or otherwise likely to cause unscriptured.com liability. You must immediately notify unscriptured.com of any unauthorized uses of your account or any other breaches of security. Unscriptured.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Unscriptured.com may from time to time make modifications to your account, or take any other measures unscriptured.com considers appropriate to manage the Website. Unscriptured.com will advise you of any such change, and may do so in any reasonable manner, such as posting a general notice on the unscriptured.com Site News blog or sending an email to the address associated with your account.
Responsibility of Contributors.
If you post comments or other material on the Website, post links on the Website to material elsewhere on the internet, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by unscriptured.com or otherwise.
By submitting Content to unscriptured.com for inclusion on the Website, you grant unscriptured.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the Website. If you request deletion of any Content, deletion of the Content will be at the sole discretion of unscriptured.com and you acknowledge that even if unscriptured.com agrees to delete the Content that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, unscriptured.com has the right (though not the obligation) to, in unscriptured.com’s sole discretion (i) refuse or remove any content that, in unscriptured.com’s reasonable opinion, violates any unscriptured.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in unscriptured.com’s sole discretion. Unscriptured.com will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors.
Unscriptured.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, unscriptured.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Unscriptured.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which unscriptured.com links, and that link to unscriptured.com. Unscriptured.com does not have any control over those non-unscriptured.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-unscriptured.com website or webpage, unscriptured.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Unscriptured.com disclaims any responsibility for any harm resulting from your use of non-unscriptured.com websites and webpages.
Copyright Infringement Policy.
As unscriptured.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by unscriptured.com violates your copyright, you are encouraged to notify unscriptured.com. Unscriptured.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of unscriptured.com or others, unscriptured.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, unscriptured.com will have no obligation to provide a refund of any amounts previously paid to unscriptured.com.
Unscriptured.com, unscriptured, the unscriptured.com logo, and all other trademarks, service marks, graphics and logos used in connection with unscriptured.com, or the Website are trademarks or registered trademarks of unscriptured.com or unscriptured.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any unscriptured.com or third-party trademarks.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of unscriptured.com and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
Limitation of warranties of unscriptured.com, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and unscriptured.com, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that unscriptured.com, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Limitation of liability of unscriptured.com, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will unscriptured.com, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if unscriptured.com, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against unscriptured.com, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to unscriptured.com during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
General Representation and Warranty.
You agree to defend, indemnify and hold harmless unscriptured.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to those arising out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between unscriptured.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized representative of unscriptured.com, or by the posting by unscriptured.com of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, Arizona. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; unscriptured.com may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.