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The following terms ("Terms") govern your use of NokiaSymbianThemes Inc. web sites, located variously at http://www.NokiaSymbianThemes.com, NokiaSymbianThemes.com, index.NokiaSymbianThemes.com, and other NokiaSymbianThemes.com addresses ("The Site"), currently run by NokiaSymbianThemes Inc. ("NokiaSymbianThemes").
BY CLICKING THE "REGISTER" BUTTON, YOU AGREE TO COMPLY WITH ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT CONTINUE TO USE THIS SITE OR ANY MATERIALS CONTAINED ON IT.
1. Our Services. NokiaSymbianThemes is an entertainment web site that allows you to discuss and reference live action role playing games, board games, and other related topics. We provide bulletin boards, cataloguing features, and various types of content (collectively, "Services").
2. Age Requirement. You must be at least thirteen (13) years of age to use the Site and Services. You represent, warrant and covenant that you meet this age requirement.
3. Access. You must have access to the World Wide Web in order to use our Site and Services. It is your responsibility to select, obtain and pay for any equipment (e.g., computer or modem) and services (e.g., phone line or DSL) necessary for such access.
4. Registration. If you accept the Terms, NokiaSymbianThemes Inc. will ask you to complete a registration form in order to establish your membership account. You must select a name by which to identify yourself to other members and to the NokiaSymbianThemes Inc. staff when you use the Services (your "User ID"). You may not select as your User ID the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party’s trademark right, copyright, or other proprietary right, or which NokiaSymbianThemes Inc. deems in its sole discretion to be vulgar or otherwise offensive. NokiaSymbianThemes Inc. reserves the right to delete any vulgar or otherwise offensive User ID, or to require you to change your User ID. You must also select a password for your account. NokiaSymbianThemes Inc. recommends that you choose one with letters and numbers, and do not use your User ID as your password. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or NokiaSymbianThemes Inc. has reasonable grounds to suspect that you have, NokiaSymbianThemes Inc. has the right upon notice to suspend or terminate your account and this agreement and to refuse your current or future use of the Site or Services(or any portion thereof).
5. License. Subject to all of the Terms, NokiaSymbianThemes Inc. hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the Services only on the Site solely for your personal entertainment purposes.
6. Restrictions. You agree not to do any of the following prohibited actions:
reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Services or any portion thereof;
permit any other person (including but not limited to a former member whose account NokiaSymbianThemes Inc. has terminated) to access the Site or Services through your membership account;
upload, post, email or otherwise transmit through the Site or Services any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party’s proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose (e.g., promo forums); or (v) 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 equipment;
harm minors in any way;
impersonate another user or administrator, including but not limited to moderators and administrators, or otherwise misrepresent your affiliation with such person;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through the Site or Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
lie, misrepresent yourself to, or otherwise intentionally deceive any administrator, including but not limited to administrators and moderators;
violate the forum rules further described on the Site;.
Submission of Content. By submitting material to the Site, including but not limited to forum posts, reviews, columns, and index entries ("Content"), you represent and warrant that you are the owner of the Content or have the right to post it, and that it does not infringe the rights of any third party. You hereby grant NokiaSymbianThemes Inc. a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Content at the Site and through reasonable means intended primarily to market the Site.
Content Transmission. You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and (iii) changes to conform and adapt to technical and stylistic requirements of the Services.
Responsiblity of Content. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any Content. NokiaSymbianThemes Inc. makes no representations or warranties about the content appearing on the Site or Services. Under no circumstances will NokiaSymbianThemes Inc. be liable in any way for any content, including but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site or Services.
Removal of Content. NokiaSymbianThemes Inc. reserves the right to remove, edit, or move any content for any reason.
No Deletion of Content. NokiaSymbianThemes Inc. provides no guarantee that you will be able to delete or edit your Content once it has been submitted.
Content in the main forums (scrolls) shall be in English. Non-English written posts are only allowed in areas NokiaSymbianThemes, Inc. designates.
9. Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. NokiaSymbianThemes Inc. encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify NokiaSymbianThemes Inc. immediately in the event your password is lost, stolen, disclosed or compromised. It is not NokiaSymbianThemes Inc.’ policy to ask for your password online, and NokiaSymbianThemes Inc. suggests that you never respond to an on-line request for your password. You acknowledge that although the Site and Services may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and User ID. NokiaSymbianThemes Inc. strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
13. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, 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.
14. Ownership. NokiaSymbianThemes Inc. and its licensors shall at all times retain all right, title and interest in and to the Site and Services, except to the extent of the licenses granted to you hereunder. NokiaSymbianThemes Inc. products referenced herein are either trademarks or registered trademarks of NokiaSymbianThemes Inc..
15. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NokiaSymbianThemes, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NokiaSymbianThemes PROVIDES THE SITE AND SERVICES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY NokiaSymbianThemes IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
16. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NokiaSymbianThemesS’ AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE OR SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO NokiaSymbianThemes UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
17. Consequential Damages. IN NO EVENT WILL NokiaSymbianThemes, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT NokiaSymbianThemes, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SKOTOS’, ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. Indemnification. You agree to defend, indemnify and hold harmless NokiaSymbianThemes Inc., its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement or portion hereof, your Content, or any act or omission by you relating the Site or Services. NokiaSymbianThemes Inc. reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
19. Termination. Either you or NokiaSymbianThemes Inc. may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, NokiaSymbianThemes Inc. reserves the right to terminate the Site and Services, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account NokiaSymbianThemes Inc. has terminated may not access the Site or Services in any manner or for any reason without NokiaSymbianThemes Inc.s’ express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following sections shall survive termination: 7, and 14-22.
20. Amendment. NokiaSymbianThemes Inc. may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued access and use of the Site and/or Services seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
21. Reservation of Rights. NokiaSymbianThemes Inc. hereby reserves any rights not expressly granted herein.
22. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. NokiaSymbianThemes Inc.s’ failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by NokiaSymbianThemes Inc. of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of NokiaSymbianThemes Inc. shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond NokiaSymbianThemes Inc.s’ reasonable control. This agreement is governed by and construed under Dhaka laws without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in Dhaka, Bangladesh. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys’ fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be in writing and addressed to NokiaSymbianThemes Inc., Attn.: Account Administration, or emailed to email@example.com with receipt of confirmation. NokiaSymbianThemes Inc. may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and NokiaSymbianThemes Inc. with respect to the subject matter referenced herein.
23. Severability. In the event that any provision of this Terms is determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision (or portion thereof) shall be deemed to have been deleted from these Terms, while the remainder of these Terms shall remain in full force and effect and bind the parties according to its terms.
NokiaSymbianThemes Inc. Terms, dated July 26th, 2012.
Web RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
NokiaSymbianThemes CONSENT AND RELEASE FORM NokiaSymbianThemes HEREAFTER KNOWN AS NokiaSymbianThemes and/or its volunteers, permitting me to attend and participate in the NokiaSymbianThemes Fantasy Role-playing game, I, on my own behalf and on behalf of my heirs, representatives, administrators and assigns, hereby waive and release any and all claims, demands, causes of action, suits and rights I, or anyone on my behalf, might have against NokiaSymbianThemes and/or its volunteers, for any personal injury (including death), loss or damage to my property which I (or anyone claiming by or through me) may have. I acknowledge and understand that I will be voluntarily engaging in activities that involve contact and the risk of serious injury, permanent disability, or death, and may cause severe social or economic losses due to not only my own actions, inactions or negligence, but also to the action, inaction or negligence of others or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. Further, I agree that I will not, nor will anyone acting on my behalf claiming by or through me, bring or maintain any suit in Court to assert any claim against NokiaSymbianThemes and/or its volunteers, for any claim that I might have arising out of my participation in any activities performed by, directed by or endorsed by NokiaSymbianThemes and/or its volunteers.
UNDERSTAND THAT ENGAGING IN THIS LIVE ACTION FANTASY ROLEPLAYING GAME INSTITUTES MY INVOLVEMENT IN AN ACTIVITY INVOLVING PHYSICAL CONTACT WITH ACCOMPANYING RISKS OF PERSONAL INJURY OR DEATH AND LOSS OR DAMAGE TO PERSONAL PROPERTY, AND I HEREBY VOLUNTARILY ASSUME THOSE RISKS AND ACKNOWLEDGE MY INFORMED CONSENT IN THIS ACTIVITY. It is the responsibility of the player to have adequate costuming to which he/she can hear and see clearly.
Understand that I have the right and duty to inspect the facilities and equipment to be used and if I believe that anything is unsafe or beyond my capability I will immediately advise the staff supervisor of such condition(s) and refuse to participate.
Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability, or death.
Release from, waive and discharge all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, and legal representatives now have or hereafter have for damage or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of NokiaSymbianThemes and/or its volunteers.
Recognize that NokiaSymbianThemes and/or its volunteers are not obligated to permit me to participate in any of the activities and may terminate my participation in such activities at any time and for any reason.
Understand that all Physical Interactions are optional and I have the right to refuse participation or momentarily halt any training in which I am directly participating at any time and for any reason by verbally calling out “Caution / Pause or Hold”. I understand that refusal to participate in Physical Interaction does not constitute grounds for a refund of the course fee.
Give my consent to and waive any and all rights of compensation or claim present and future in regards to use of media coverage (articles, photos, video footage, quotes, etc.) of my or my child’s participation in this event.
Agree to accept any and all financial obligations incurred as a result of any medical assistance, treatment and related expenses, provided in connection with any injuries or allergic reaction which I may receive in the game provided by NokiaSymbianThemes, its clubs and/or its volunteers.
Have read and will abide by the official rules of conduct and safety for this game. I understand I can be ejected for poor sportsmanship.
Have read and understand the foregoing provisions of this CONSENT AND RELEASE FORM and I have executed this instrument voluntarily on this date and understand that this instrument shall remain in full force and effect indefinitely.
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