NeverEndingPrincessStory.com Terms of Service and User Agreement
This is a legal agreement between you and
NeverEndingPrincessStory.com - a RDM website - hereafter referred to
as RDM. You must review this agreement very carefully before
registering for any and all RDM services. Upon successful
registration, you become a member of the Service and you agree to be
bound by all of the terms and conditions of this agreement for as
long as you remain a member. If you do not agree to the terms, you
may not proceed to register or become a member of the service. The
terms are subject to change at any time by RDM, effective upon
notice to you. Notices sent to you by email will constitute
delivery, regardless of whether the email was not sent successfully,
not received, not read, or lost during transmission. USE OF THIS
SERVICE IS AT YOUR OWN RISK.
1. ACCEPTANCE OF TERMS
RDM provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of
the TOS at any time at www.neverendingprincessstory.com/privacy.aspx
. In addition, when using particular RDM services, you and RDM shall
be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
RDM currently provides users with access to a collection of
resources, including, various communications tools, forums, and
personalized content through its network of properties (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary
for RDM to provide the Service. You also understand and agree that
the service may include certain communications from RDM, such as
service announcements, administrative messages and the RDM
Newsletter, and that these communications are considered part of RDM
membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new RDM
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that RDM assumes no
responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that RDM has created certain areas on the Service
that may contain adult or mature content. You must be at least 18
years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or RDM has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, RDM has the right to suspend or terminate your
account and refuse any and all current or future use of the Service
(or any portion thereof). Use of the service is strictly prohibited
to minors under the age of 18.
4. RDM PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at www.neverendingprincessstory.com/privacy.aspx
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify RDM of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end
of each session. RDM cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content
originated. This means that you, and not RDM, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. RDM does not control
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
RDM 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, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a
RDM official, forum leader, guide or host, 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;
Upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available 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, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
Upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas that are
specifically designated for such purpose;
Upload, post, email, transmit or otherwise make available 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;
Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
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,
any rules of any national or other securities exchange, including,
without limitation, and any regulations having the force of law;
“Stalk” or otherwise harass another; or collect or store personal
data about other users.You acknowledge that RDM does not pre-screen
Content, but that RDM and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the
foregoing, RDM and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. 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. In this regard, you
acknowledge that you may not rely on any Content created by RDM or
submitted to RDM.
You acknowledge and agree that RDM may preserve Content and may also
disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of RDM, its
users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that you are solely responsible for your interactions
with other members. RDM reserves the right, but has no obligation,
to monitor disputes between you and other members.
RDM ENCOURAGES YOU TO TAKE REASONABLE PRECAUTIONS TO ENSURE YOUR
SAFETY WHEN INTERACTING WITH OTHERS, AND YOU UNDERSTAND THAT WE
CANNOT AND WILL NOT GUARANTEE YOUR PERSONAL SAFETY WHEN MEETING WITH
OTHER MEMBERS. YOU ALONE ARE RESPONSIBLE FOR PROTECTING YOUR
PHYSICAL SAFETY, AND THE SAFETY OF YOUR PERSONAL AND FINANCIAL
INFORMATION. RDM DOES NOT SCREEN ITS MEMBERS, NOR DOES IT CONDUCT
ANY FORM OF BACKGROUND CHECK TO CONFIRM THE IDENTITY, CRIMINAL
HISTORY OR REPRESENTATIONS OF ITS PAST, PRESENT OR FUTURE MEMBERS.
YOU AGREE THAT RDM SHALL IN NO WAY BE LIABLE FOR YOUR CONDUCT, OR
THE CONDUCT OF OTHERS WHOM YOU MAY MEET THROUGH OUR SERVICE, NOR
SHALL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH
RESULT FROM CONTACT INITIATED, IN WHOLE OR IN PART, FROM OUR
SERVICE, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS OR FINANCIAL
LOSS. YOU ARE STRONGLY ENCOURAGED TO REVIEW OUR SAFE DATING TIPS, A
LINK TO WHICH CAN BE FOUND AT THE BOTTOM OF EACH PAGE ON OUR
WEBSITE.
7. 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RDM does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas
of the Service, you grant RDM the following world-wide, royalty free
and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion
on publicly accessible areas of our services, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of
providing and promoting the specific RDM service to which such
Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or RDM removes
such Content from the Service.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service,
the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time
you remove or RDM removes such Content from the Service.
You understand and agree that RDM may review and delete any content,
messages, double-blind emails, photos or profiles (collectively,
"Content"), in each case in whole or in part, that in the sole
judgment of RDM violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the
safety of Members.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service the perpetual, irrevocable and fully
sub-licensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the
RDM network of properties that are intended by RDM to be available
to the general public. By way of example, publicly accessible areas
of the Service would include the homepage and some rating pages
which are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions of the
website intended for private communication.
9. INDEMNITY
You agree to indemnify and hold RDM, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RDM may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on RDM's servers on your
behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that RDM has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that RDM reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that RDM
reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
RDM reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that RDM shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You agree that RDM, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if RDM believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. RDM 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 RDM may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or
the Service. Further, you agree that RDM shall not be liable to you
or any third-party for any termination of your access to the
Service.
You may terminate your membership at any time, for any reason,
effective upon receipt by us of your written or email notice of
termination. You may contact us by clicking here.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that RDM 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.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because RDM has no control
over such sites and resources, you acknowledge and agree that RDM 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 RDM 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.
16. RDM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by RDM or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
RDM grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by RDM for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RDM 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.
RDM 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.
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 THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM RDM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RDM 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 RDM
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.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and RDM and
govern your use of the Service, superceding any prior agreements
between you and RDM. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and RDM shall be governed by the laws of
the Province of Ontario without regard to its conflict of law
provisions. You and RDM agree to submit to the personal and
exclusive jurisdiction of the courts located in Ontario, Canada. The
failure of RDM to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. Unless
otherwise explicitly stated, the TOS will survive termination of
your membership to the service. 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.
22. VIOLATIONS
Please report any violations of the TOS to our Customer Care group
via email at
thecastle@neverendingprincessstory.com?subject=TOSReport .
23. ENTIRE AGREEMENT
This Agreement is accepted by you upon your use of the web site and
further affirmed by you becoming a member of the service. This
Agreement, combined with the privacy policy and these Terms of
Service constitute the entire agreement between you and RDM
regarding the use of the web site and/or the service.
Please contact us with any questions regarding this agreement.
Thank you for visiting !