Vampire Rave Terms of Service
I. ACCEPTANCE OF TERMS
The Dark Network, Lava Marketing, VampireRave.com, provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated at anytime without notice.
You can review the current version of the TOS at: http://www.VampireRave.com/tos.php. Failure to comply with these TOS may result in account cancellation without notice.
II. DESCRIPTION OF SERVICE
VampireRave.com is a web-based service that allows its users to upload and edit content (herein referred to as "the Service"). The Service may be used through a web browser. Once registered with VampireRave.com, each user receives his or her own profile to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on VampireRave.com's servers or on the servers of a third party.
III. ACCOUNT STRUCTURE
VampireRave.com is a subscription-based and free website. Two membership options are offered to all members. Subscription-based service includes enhanced features not available to free members.
You are only allowed to have 1 free account. If you wish to have multiple accounts, all accounts you maintain must be subscription-based, henceforth referred to as premium.
The following exceptions exist, for members who have multiple accounts:
# If a member has a lifetime membership, they may have up to 3 additional free accounts.
# If a member has 5 or more premium accounts (of any duration length, so long as they are all current), they may have up to 3 additional free accounts.
# These exceptions do not 'stack'. The most free accounts a member may ever have is 3.
IV. YOUR REGISTRATION OBLIGATIONS
You agree to indemnify and hold VampireRave.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
VII. SPECIAL ADMONITIONS FOR 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.
VIII. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VampireRave.com may establish limits concerning use of the Service and may modify these limits at any time.
IX. MODIFICATIONS TO SERVICE
VampireRave.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that VampireRave.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
X. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that VampireRave.com, in its sole discretion, may terminate your password or membership, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if VampireRave.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at VampireRave.com's discretion, will be terminated as well. VampireRave.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that VampireRave.com may immediately deactivate or delete your VampireRave.com membership and all related information and files. VampireRave.com reserves the right to bar any further access to such files or the Service. You agree that VampireRave.com shall not be liable to you or any third-party for any termination of your access to the Service.
In the event your account(s) are terminated, prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate VampireRave.com to monitor or exert editorial control over the information made available for distribution via the Service. If VampireRave.com takes corrective action because of a possible violation, VampireRave.com will not refund to you any fees you paid in advance of the corrective action.
Violators of VampireRave.com's Terms of Service are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the website, server, and business operations that surround VampireRave.com. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Inquiries regarding security matters may be directed to email@example.com.
XII. ADVERTISEMENTS AND PROMOTIONS
By using VampireRave.com, you agree that VampireRave.com has the right to run advertisements and promotions. You agree that VampireRave.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service, or relevant third parties, may provide links to other web sites or resources. Because VampireRave.com has no control over such sites and resources, you acknowledge and agree that VampireRave.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VampireRave.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
XIV. PROFILE, PORTFOLIO, JOURNAL, FORUM, SOCIETIES, GROUPS, EVENTS, & OTHER USER CONTENT
Guidelines for posting user content to VampireRave.com and the Service shall be as follows:
All Content posted to VampireRave.com in any way, is the responsibility and property of the author. VampireRave.com is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any user Content. Within the confines of international and local law, VampireRave.com will generally not place a limit on the type, or appropriateness of user content within the Service. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, VampireRave.com is committed to submitting all necessary information to the proper authorities;
Should any Content be reported to VampireRave.com as being offensive or inappropriate, VampireRave.com might call upon the poster to retract, modify, or protect (by means of adult submission or private to friends only) the Content in question within a reasonable amount of time, as set forth by the VampireRave.com staff. Should the poster fail to meet such a request from VampireRave.com staff, VampireRave.com has the full authority to terminate any such reported and verified account holding such inappropriate content. VampireRave.com, however, is under no obligation to restrict or monitor member's Content in any way; VampireRave.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the VampireRave.com staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for VampireRave.com to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
VampireRave.com reserves the right, without limitation except by law, to serve any user Content on the web. You acknowledge that VampireRave.com does not pre-screen Content, but that VampireRave.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, VampireRave.com and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, VampireRave.com reserves the right to limit access to your profile, portfolio, or journal, if found in violation of the TOS, by removing the profile, portfolio, or journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding VampireRave.com's users.
XV. VAMPIRERAVE.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All VampireRave.com code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses.
XVI. SUBMISSION OF UNCOLICITED IDEAS AND INFORMATION
XVII. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. VampireRave.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be VampireRave.com's sole discretion as to what action should be taken. You agree to NOT use the Service to:
Upload, post or otherwise transmit any content that is in VampireRave.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way, as seen by VampireRave.com or applicable law;
Impersonate any person or entity, including, but not limited to, a VampireRave.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Manipulate or hide any VampireRave.com menu or section in any way;
Change the standard behavior of any VampireRave.com page;
Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post or otherwise transmit any material 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 equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
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;
Harass another member, non-member, or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
Allow usage by others in such a way as to violate VampireRave.com's TOS;
Engage in commercial activities within VampireRave.com or on behalf of VampireRave.com without prior approval. This includes, but is not limited to, the following activities:
Displaying a banner that is designed to profit you or any other business or organization; and Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. If any user is reported to be in violation with the letter or spirit of these terms, VampireRave.com retains the right to terminate such account at any time without further warning.
XVIII. AUTOMATED SYSTEMS
The use of any automated system, scheme, or software to view or download any page in the VampireRave.com domain is strictly prohibited. This includes, but is not limited to, the use of page refreshers and "bots" which crawl and download content for purposes other than search engine indexing.
XVIV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VampireRave.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) VampireRave.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VampireRave.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
XX. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VampireRave.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VampireRave.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
XXI. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on VampireRave.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of VampireRave.com's proprietary rights in them.
XXII. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and VampireRave.com and governs your use of the Service, superseding any prior agreements between you and VampireRave.com (including, but not limited to, any prior versions of the TOS) and any prior representations by VampireRave.com. The laws of the State of Arizona, U.S.A, shall govern the TOS and the relationship between you and VampireRave.com. without regard to its conflict of law provisions. You and VampireRave.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona, U.S.A. The failure of VampireRave.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VampireRave.com fully complies with the DMCA ("Digital Millenium Copyright Act of 1998"). For more information regarding our DMCA policy, please visit http://www.VampireRave.com/dmca.php
VampireRave.com may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.