These terms are an adaptation of the Terms of Service created by the folks at WordPress.com: http://en.wordpress.com/tos/. In this instance, The Creative Commons Sharealike license has made my life much easier, so I will offer these terms to anyone who wants to use them under the same license.
Terms of Service
The following terms and conditions govern all use of the Theorodynamics.com website and all content, services and products available at or through the website, including, but not limited to, the Storyteller subscription service (“Storyteller subscription”), (taken together, the “Website”). The Website is owned and operated by Theorodynamics (“Theorodynamics”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Theorodynamics’ Privacy Policy) and procedures that may be published from time to time on this Site by Theorodynamics (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Theorodynamics, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Please contact us or post in the Lobby Desk forum if you have any questions.
1. Your Theorodynamics.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 account. You must immediately notify Theorodynamics of any unauthorized uses of your account or any other breaches of security. Theorodynamics 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.
2. Responsibility of Contributors
If you operate an account, post or submit material to the Website, post links on the Website, or otherwise make (or allow any third party to 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, or an audio file. By making Content available, you represent and warrant that:
the addition 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;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, 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 pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
the Content does not mislead readers into thinking that you are another person or company; and
the Content is not in violation of any of the other rules of the Website specified by Theorodynamics in the infractions section of the Help guide.
By submitting Content to Theorodynamics for inclusion on the Website, you grant Theorodynamics a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website.
If you become a Storyteller subscription content provider, you agree that you are responsible for the money earned and all implications entailed with having the money, including but not limited to tax implications, once the money is transferred to your indicated account. Theorodynamics reserves the right to change the Storyteller subscription commission terms and fees upon thirty (30) days prior written notice to you.
Without limiting any of those representations or warranties, Theorodynamics has the right (though not the obligation) to, in Theorodynamics’ sole discretion (i) refuse or remove any content that, in Theorodynamics’ reasonable opinion, violates any Theorodynamics 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 Theorodynamics’ sole discretion. Theorodynamics will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment
Optional premium paid services such as Storyteller subscriptions are available through the Website. By selecting a premium service you agree to pay Theorodynamics the monthly subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly period as indicated. Premium service fees are not refundable.
4. Storyteller Subscription Service
A Storyteller subscription gives you access to material that is provided by another person or company and not by Theorodynamics. Due to the nature of the material, Theorodynamics cannot guarantee and is not responsible for the quality, accuracy or presence of the material accessed through the Storyteller subscription service. Theorodynamics reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Storyteller subscriptions can be canceled by you at anytime on 30 days written notice to Theorodynamics.
5. Responsibility of Website Visitors
Theorodynamics has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Theorodynamics 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. Theorodynamics 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.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Theorodynamics.com and its members link, and that link to Theorodynamics.com. Theorodynamics does not have any control over those non-Theorodynamics websites and webpages, and is not responsible for their contents or their use. By linking to a non-Theorodynamics website or webpage, Theorodynamics 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. Theorodynamics disclaims any responsibility for any harm resulting from your use of non-Theorodynamics websites and webpages.
7. Copyright Infringement and DMCA Policy
As Theorodynamics 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 Theorodynamics.com violates your copyright, you are encouraged to notify Theorodynamics with the following information:
An electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Theorodynamics to find and positively identify that content;
A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Theorodynamics 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 or member who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Theorodynamics or others, Theorodynamics may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Theorodynamics will have no obligation to provide a refund of any amounts previously paid to Theorodynamics. If it has been claimed and you believe that you have not infringed copyrights, under penalty of perjury, you may notify Theorodynamics with a counter-argument.
8. Intellectual Property
This Agreement does not transfer from Theorodynamics to you any Theorodynamics or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Theorodynamics. Theorodynamics, Theorodynamics.com, the Theorodynamics.com logo, and all other trademarks, service marks, graphics and logos used in connection with Theorodynamics.com, or the Website are trademarks or registered trademarks of Theorodynamics or Theorodynamics’ 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 Theorodynamics or third-party trademarks.
9. Changes
Theorodynamics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Theorodynamics may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. In the event of a significant change in the terms, a notice will be posted in the News Items forum on the Website.
10. Termination
Theorodynamics may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Theorodynamics.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
12. Limitation of Liability
13. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Theorodynamics Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification
You agree to indemnify and hold harmless Theorodynamics, 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 your violation of this Agreement.
15. Miscellaneous
This Agreement constitutes the entire agreement between Theorodynamics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Theorodynamics, or by the posting by Theorodynamics of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, 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 Pima County, Arizona. If any part of this Agreement 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 this Agreement 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Theorodynamics may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
