Terms of Service for StarCraft Network1. Acceptance of Terms of Service
The StarCraft Network is provided free of charge to you (unless otherwise indicated) by StarCraft Custom Builders. and its subsidiaries, partners and affiliates that utilize these Terms of Service ("StarCraft"). "StarCraft Network" is defined as those web sites controlled and/or operated by StarCraft Custom Builders that include a link to these Terms of Service, and includes but is not limited to, the web sites located at the following URLs (including all content, services, products, features or tools appearing on such web sites):
StarCraft Custom Builders
These Terms of Service will govern your use of the StarCraft Network (including any web sites on the Network) and all content, services, products, features and tools provided in connection with the StarCraft Network. BY VISITING THE STARCRAFT NETWORK YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. StarCraft shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not visit any web sites on the StarCraft Network.
From time to time StarCraft may supplement these Terms of Service with additional terms pertaining to specific content, services, products, features or tools ("Additional Terms"), which Additional Terms may be placed on the StarCraft Network to be viewed in connection with the specific content, services, products, features or tools and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. In addition, from time to time StarCraft may amend or otherwise modify these Terms of Service, as set forth in Section 4 below.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise) or any other form of transfer of any portion of the StarCraft Network, including but not limited to all content, services, products, features or tools, is hereby expressly prohibited.
StarCraft reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your access to the StarCraft Network (or any portion thereof) and/or any other content, services, products, features or tools provided to you in connection with the StarCraft Network.
4. Modifications of these Terms of Service
StarCraft may amend or otherwise modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout the StarCraft Network. Please check before accessing StarCraft Network features to determine whether a change has been made to these Terms of Service. You can tell when StarCraft last updated the Terms of Service by checking the "Last Revised" date at the beginning of the Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, you must (i) discontinue your use of the StarCraft Network and (ii) if you are a StarCraft Network member, arrange to cancel your membership immediately by notifying StarCraft that you are canceling your membership by sending an email to email@example.com. YOUR CONTINUED USE OF THE STARCRAFT NETWORK FOLLOWING ANY CHANGES TO THESE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF ANY SUCH CHANGES.
5. Modifications of the StarCraft Network
StarCraft may modify or discontinue the StarCraft Network, or any portion thereof, or any content, services, products, features or tools related thereto, with or without notice to you and without liability to you or any third party, except as otherwise expressly provided herein.
You alone are responsible for the content of your messages posted to or otherwise made available through or in connection with the StarCraft Network and for any consequences of such messages. You agree to abide by the following guidelines, and StarCraft reserves the right to terminate your access to and/or membership in the StarCraft Network if StarCraft becomes aware, learns or suspects, in its sole discretion, that you are violating any of the following guidelines:
- Any use by you of any other member's or site visitor's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The StarCraft Network is to be used by you for your personal use only. Commercial uses of the StarCraft Network are strictly prohibited unless prior written consent from StarCraft has been granted.
- You agree that you will not use information gathered from or in connection with the StarCraft Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You further agree not to harvest or collect information about visitors to the StarCraft Network without their express consent.
- You agree not to send via the StarCraft Network or post on forums or any other place on the StarCraft Network any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, gives rise to civil liability, otherwise violates any applicable local, state, national or international law or regulation, or encourages the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the StarCraft Network.
- You agree not to make postings of a commercial nature;
- You agree not to use the Exchanges to solicit donations, ask for free items, or ask for items in exchange for postage, including requests for Self Addressed Stamped Envelopes. All requests must be in the context of arranging a trade. All Exchanges are restricted to users from a particular country, region or state. If not indicated otherwise, the Exchanges are restricted to residents of the U.S. To find an exchange for your location, you may refer to the Exchange Index. Each post to an Exchange must have a type of trade, subject and a message.
- Trading is done at your discretion. StarCraft has no control over or responsibility for trades arranged. Messages addressed to or meant for particular users should be sent via email and are not allowed in the Exchanges.
- If you have trouble with another person coming through with their end of a trade, you must deal with it privately and not through the forums. Any public accusation in the forums, or elsewhere on the StarCraft Network, will result in the accuser being banned.
- You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of StarCraft. You further agree not to use an inappropriate member name of any kind.
- You agree not to restrict or inhibit any other visitor from using the StarCraft Network, including, but not limited to, by means of "hacking," "denial of service" attacks or defacing any portion of the StarCraft Network.
- You agree not to express or imply that any statements you make are endorsed by us, without our prior written consent.
- You agree not to modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile or disassemble any portion of the StarCraft Network.
- You agree not to "frame" or "mirror" any part of the StarCraft Network without our prior written authorization.
- You agree not to tamper in any way with the software or functionality of the StarCraft Network, including, but not limited to, transmitting or posting any software or other materials to the StarCraft Network that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
- You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the StarCraft Network or its contents.
- You agree not to create a database by systematically downloading and storing all or any of the information on the StarCraft Network.
- You agree not to permit others, including those whose membership have been terminated, to access this web site through your membership account or password.
- You agree not to create multiple memberships and/or memberships for another individual. Each individual must create his or her own membership.
7. Rights in Content
You acknowledge that (i) StarCraft permits access via the StarCraft Network to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the StarCraft Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the StarCraft Network is not protected by Rights rests with you. You acknowledge that StarCraft may acquire Rights to use any posted materials as described below and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the StarCraft Network, including, but not limited to, the forums and your personal web sites, exchange page and journal, you grant StarCraft a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.
8. Third Party
You may order services or merchandise through the StarCraft Network from third parties not affiliated with StarCraft ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. StarCraft makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider StarCraft, nor will StarCraft be construed as, a party to such transactions, whether or not StarCraft may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
StarCraft may include special routing icons which may be located within the StarCraft Network, the activation of which will allow you to access and learn more about StarCraft and other services provided by StarCraft whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by StarCraft Network infringe your copyright, you (or your agent) may send StarCraft a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this web sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow StarCraft to locate the material on the StarCraft Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send StarCraft a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this web sites should be sent to: Legal Affairs, StarCraft Inc., P O Box 80265, Lincoln, Nebraska 68501, 402-871-5301, DMCANOTICE@mail.StarCraft.com. StarCraft suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE STARCRAFT NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES AND TOOLS USED AND/OR PRODUCTS OR SERVICES ACCESSED OR PURCHASED THROUGH THE STARCRAFT NETWORK, IS AT YOUR SOLE RISK. THE STARCRAFT NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. StarCraft EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
STARCRAFT MAKES NO WARRANTY THAT THE STARCRAFT NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF THE STARCRAFT NETWORK, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH STARCRAFT NETWORK FORUMS OR OTHER MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE SERVERS ON WHICH THE STARCRAFT NETWORK IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES StarCraft MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STARCRAFT NETWORK. StarCraft WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE STARCRAFT NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STARCRAFT NETWORK IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT StarCraft DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY StarCraft OR OTHER STARCRAFT NETWORK MEMBERS IN CONNECTION WITH THE STARCRAFT NETWORK. StarCraft IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER StarCraft, THE STARCRAFT NETWORK NOR THE STARCRAFT NETWORK.S VISITORS AND MEMBERS, WHILE SUCH VISITORS AND MEMBERS ARE PARTICIPATING IN THE STARCRAFT NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. StarCraft ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
STARCRAFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE STARCRAFT NETWORK, ITS CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS. YOUR PARTICIPATION IN THE STARCRAFT NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM StarCraft OR THROUGH THE STARCRAFT NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
STARCRAFT MAKES NO WARRANTY REGARDING ANY CONTENT, SERVICES, PRODUCTS, FEATURES, TOOLS OR SERVICES PURCHASED OR OBTAINED, THROUGH THE STARCRAFT NETWORK OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE STARCRAFT NETWORK.
IF STARCRAFT AND/OR STARCRAFT.S COMMERCE PARTNERS SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS, PROMOTIONS OR OTHER COMMERCIAL MESSAGES, NEITHER STARCRAFT NOR SUCH COMMERCE PARTNERS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE ADVERTISED OR PROMOTED IN SUCH MESSAGES OR OBTAINED IN CONNECTION WITH SUCH MESSAGES, AND YOU AGREE THAT NEITHER StarCraft NOR SUCH COMMERCE PARTNERS SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON THE STARCRAFT NETWORK, StarCraft MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND STARCRAFT SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.
12. Limitation of Liability
YOU AGREE THAT STARCRAFT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE STARCRAFT NETWORK, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES AND/OR CONTENT ACCESSED, USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH THE STARCRAFT NETWORK, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF STARCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL STARCRAFT.S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID StarCraft TO ACCESS THE STARCRAFT NETWORK OR TO USE SPECIFIC CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS MADE AVAILABLE BY STARCRAFT ON THE STARCRAFT NETWORK.
You agree to indemnify and hold each of StarCraft, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorneys. fees, or other expenses, made by any third party due to or arising directly or indirectly out of your use of the StarCraft Network, the violation of these Terms of Service by you, or the infringement or violation by you, or any other member or user of your account, of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to its conflicts of laws provisions. By accessing the StarCraft Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of Lancaster in the State of Nebraska.
15. Remedies for Breach of these Terms by You
In the event that StarCraft determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the StarCraft Network, StarCraft reserves the right to (i) warn you via email (to any email address you have provided to StarCraft) that you have violated these Terms of Service; (ii) delete any or all content provided by you to StarCraft Network; (iii) discontinue your registration(s) with the StarCraft Network and/or any other StarCraft community; (iv) discontinue your subscription to any content, service, product, feature or tool provided or purchased through the StarCraft Network; (v) deny you access to or restrict your use of the StarCraft Network; (vi) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vii) any other action which StarCraft deems to be appropriate.
If ability to access the StarCraft Network, any other StarCraft web sites and/or any other content, service, product, feature or tool provided to you by StarCraft is discontinued by StarCraft due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the StarCraft Network, then you agree that you shall not attempt to access any web sites controlled, owned or operated by StarCraft and/or any other content, service, product, feature or tool provided by StarCraft, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, StarCraft reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
17. Notice for California Users
Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The StarCraft Network may contain links to other web sites and online resources. Links on the StarCraft Network to other web sites or online resources shall not be construed as endorsement, control, review or approval of such other web sites or online resources by StarCraft. You acknowledge and agree that StarCraft shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other web sites or online resources, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Further, the treatment of user data by the operators of third party web sites may be different from StarCraft's treatment of user data. For details regarding such operators. treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
StarCraft may assign its rights and/or obligations under these Terms of Service and upon such assignment StarCraft may be relieved of any further obligation hereunder.
You represent to StarCraft that you have the authority to visit the StarCraft Network according to these Terms of Service. StarCraft does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the StarCraft Network.
StarCraft reserves the right to terminate free access to the StarCraft Network including any or all content, services, products, features or tools, with or without notice to you. StarCraft reserves the right (at StarCraft's sole discretion) to provide you with notice of such change by prominently posting a notice on the StarCraft Network and/or sending written notice to you at any e-mail and/or post office address you have provided to StarCraft. Once free access is terminated StarCraft may charge each visitor or member any applicable fee, surcharge and/or membership fee for access to the StarCraft Network and/or any for-pay content, services, products, features or tools.
These Terms of Service and any applicable Additional Terms constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of StarCraft, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.