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Terms of Service



CHANGES TO THE WEBSITE

We reserve the right to modify, update, replace, or remove any service or feature on the website at any time and with, or without notice.

YOUR RESPONSIBILITIES

Your use of the website is limited to lawful purposes only.  Usage of this site constitutes a binding agreement, and you agree to not submit or transmit through the website any material, or engage in any conduct that:

  1. is unlawful, unethical, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, or contains explicit or sexually explicit;
  2. victimizes, harasses, degrades, or intimidates an individual (or individuals) on the basis of sex, religious beliefs, sexual orientation, race, ethnicity, age, or disability;
  3. impersonates any person(s), group(s) or entity(entities), especially Ascii Altar (ioMMO) and its representatives, partners, affiliates, and members;
  4. violates, infringes, or misrepresents the rights of others including, not limited to, copyright, trademark, trade secret, patent, publicity, or other proprietary rights;
  5. contains viruses or elements of viruses or any other computer code, files or programs that disrupt, interrupt, destroy, tarnish, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  6. encourages users to engage in conduct that would constitute a criminal offense, or conduct that gives rise to civil liability;
  7. violates the Terms, User Conduct, Guidelines, or any policy found on ioMMO, or
  8. interferes with the flow, or use of the website by others.

You are not permitted to use iommo.com in any manner that potentially disables, damages, burdens, or impairs our servers or networks, or interfere with any other individual's use of iommo.com.  You may not attempt to infiltrate, gain unauthorized access, or attempt to gain unauthorized access to any services, accounts, user accounts, network systems, or networks through hacking, password mining, password guessing, or any other malicious methods.  To prevent violations of this provision, we may take legal action and resort to technical remedies.

PRIVACY POLICY

The Privacy Policy states what we do with your information when you use the website.  Your continued use of the website signifies your consent to the practices we apply when using your information.  You can review the Privacy Policy by clicking the link labeled Privacy at the bottom of the website.

AGE RESTRICTIONS

Due to the nature of an online environment, you must be either age 13 or older to access this website, or if you are not age 13, you must be accompanied by a parent or guardian from age 12 and under.  You confirm that if you are not age 13, your parent or guardian have read through and explained the Terms of Service, User Conduct, and Privacy Policy to you, and ensured that you understand the Terms of Service, User Conduct, and Privacy Policies here on this site.  Regardless of age, you are still required to understand, accept, and abide by the terms set forth in our User Conduct, and Terms of Service.

To parents and guardians, you confirm that by owning, leasing, or borrowing a computer or internet enabled device, you agree that you will not let users have access to the website who are under age 13, except where under your direct supervision.  If you do allow an individual of age 12 and under on the website, you are solely responsible for any consequences that may occur, and not the ioMMO Network, nor Ascii Altar, nor any affiliates, nor any Partners, nor anyone else associated in part or in whole with our organization shall be held accountable for any situations that may arise out of use of the website by your child.

Although the ioMMO Network and Ascii Altar are not responsible for incidents or consequences that may occur due to minors accessing this site, we will do our best to monitor and resolve any situations we encounter.  Our actions taken will include, but not limited to: preventing access to the site from the minor(s), blocking accounts of the minor(s) who have gained access, and any reasonable means, by means which do not endanger the safety of the minor(s), by means which are safe for any individual.  If you find your child accessing the website without your permission, you may set parental controls to prevent access to the website.

SPAM POLICY

We take SPAM very seriously.  By you accessing the website, you agree to the conditions stated.  You may not use the website, or any of our communication tools, or hardware to transmit, directly or indirectly, any unsolicited bulk communications (including, but not limited to e-mails, instant messages, text messages, etcetera).  You may not harvest information from our visitors or users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.  You may not encourage, or allow others to use the website to violate the terms of this agreement.  We have a no-tolerance policy, and we can, and will terminate your access or use of the website immediately, and indefinitely, and legal action may be taken against you, or anyone using your access to the website for violating these terms.  We will take any technical action feasible to prevent any damages from occurring within our hardware and networks.

ACCESS FEES

To access our site, you must provide your own equipment and internet connection at your own expense.  If you wish to access this website through mobile devices, please be aware that carrier charges may apply.  If you are on a dial up modem, please verify if long distance charges apply, as our base of operations is in the United States.  We are not liable for any expense in any form that you may incur during use of this site.  You are solely responsible for any charges that may come as a result of use of this site.

LICENSE TO ACCESS AND USE THE WEBSITE

SUBJECT TO THE GUIDELINES SET FORTH IN THESE TERMS, YOU MAY USE THE WEBSITE FOR LAWFUL PURPOSES ONLY.  YOU MAY USE THE CONTENT ON THE WEBSITE FOR PERSONAL, NON-COMMERCIAL REASONS.  YOUR USAGE OF CONTENT ON THE WEBSITE IS A BINDING AGREEMENT THAT YOU UNDERSTAND, AND AGREE TO THE TERMS SET FORTH.  UNLESS OTHERWISE STATED, YOU MAY NOT DOWNLOAD AND REDISTRIBUTE THE CONTENT ON THE WEBSITE WITHOUT WRITTEN, OR EXPRESSED PERMISSION.  YOU MAY USE CONTENT DISTRIBUTED BY THE WEBSITE FOR PERSONAL USE ONLY, AND SUBJECT TO THE TERMS THAT ACCOMPANY THAT DISTRIBUTED CONTENT.  YOU MAY NOT USE DISTRIBUTED CONTENT IN A MANNER THAT EXCEEDS THE RIGHTS GRANTED IN THESE TERMS.  YOU MAY NOT USE ANY ROBOTS, AUTOMATED DATA MINING, OR ANY DATA MINING, OR ANY DATA GATHERING TOOLS, OR EXTRACTION TOOLS ON ANY CONTENT, FRAME, OR ANY PORTION OF THE WEBSITE OR CONTENT.  YOU MAY NOT COPY, STORE, REPRODUCE, REDISTRIBUTE, PUBLICLY DISPLAY, TRANSMIT, MODIFY, BROADCAST, PORT, TRANSLATE, RE-TRANSLATE, PUBLISH, SUB-LICENSE, TRANSFER, ASSIGN, SELL, LOAN, OR OTHERWISE DISTRIBUTE CONTENT WITHOUT PRIOR WRITTEN CONSENT.  YOU MAY NOT CIRCUMVENT ANY OF THE PROVISIONS WE SET TO PROTECT CONTENT ON THE WEBSITE.

PROPRIETARY RIGHTS

ASCII ALTAR OWNS THE INTELLECTUAL PROPERTY RIGHTS TO THE WEBSITE, THE INFORMATION ON THE WEBSITE, AND CONTENT ON THE WEBSITE.  IN ADDITION TO OUR UNIQUE CONTENT, WE REDISTRIBUTE THIRD PARTY CONTENT WITH PERMISSION, OR WHERE EXPRESSED PERMISSIBLE BY THIRD PARTIES, OR IN ACCORDANCE WITH FAIR USE.  WE LICENSE THE DESIGN, LOOK AND LAYOUT OF THE WEBSITE, OR OWN EXCLUSIVELY THE DESIGN OF THE WEBSITE'S LOOK, FEEL, AND LAYOUT WHICH MAY CHANGE FROM TIME TO TIME.  THIS IS INCLUDING, BUT NOT LIMITED TO BUTTON SHAPES, COLOR COMBINATIONS, AND OTHER GRAPHICAL ELEMENTS OF THE WEBSITE.  THESE INTELLECTUAL PROPERTIES ARE PROTECTED BY INTERNATIONAL TREATIES, COPYRIGHT, TRADEMARK, PATENT, AND TRADE SECRET LAWS AND OTHER PROPRIETARY RIGHTS.  

WE DO NOT OWN, NOR DO WE CLAIM OWNERSHIP OF GAMES BROADCASTED ON THE WEBSITE.  FLASH GAMES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, ONLINE GAMES ARE THE PROPERTIES OF THEIR DEVELOPERS, ALL TRADEMARK NOTICES OR LOGOS OR ICONS REMAIN UNCHANGED AND INTACT WHERE PROVIDED, AND ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

CLAIMS OF INFRINGEMENT

It is not our intention to infringe upon anyone's exclusive property rights.  We expect our members to understand the Terms set forth and respect copyrights of others.  By members breaking these guidelines, they are in violation of the Terms.  If you feel that your intellectual property rights were infringed upon by this website, please contact us immediately providing us with:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the infringing activity;
  3. A description of where the infringed content appears;
  4. A location of where the original work exists (Website URL, book, news article, or publication for example);
  5. Your contact details such as name, business number, email, and best times to reach you (stating your time zone);
  6. A statement that you believe the usage of disputed materials are not authorized by the copyright owner, owner's agent, or the law. 

Even if the usage is not infringing, we respect other entities usage ideas of their own work.  Contact us, and we will comply with your requests provided you are the owner of the work, or are a person acting on behalf of the owner.  We will act in good faith, regardless of infringement or not.

ADVERTISEMENTS

This website contains advertisements.  The advertisements link to third party websites, and may contain materials that are not in the best interest of the user.  These websites may contain materials that are objectionable, unlawful, inaccurate, or inappropriate.  By visiting these links, you agree to not hold us accountable for anything on these websites, and you understand that we do not endorse any outside sources or their services these advertisements link to.  You understand and agree that we are not responsible for any content or materials on these websites.  Any agreements, dealings, or interactions on the third party websites are your responsibility between you and the third party.  You understand and agree that we are not responsible for any losses or claims that may result against the advertiser by visiting these third party websites

DISCLAIMER

THE WEBSITE IS PROVIDED AS IS.  WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE.  ASCII ALTAR IS NOT OBLIGATED TO PROVIDE SUPPORT.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES THAT THE WEBSITE AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE WEBSITE ARE MERCHANTABLE, ACCURATE, OF SATISFACTORY QUALITY, TIMELY, FIT FOR A PARTICULAR USE OR NEED, OR NON-INFRINGING.  WE DO NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS.  WE DO NOT GUARANTEE THE WEBSITE IS ERROR FREE, RELIABLE, OR WILL BE AVAILABLE AT ALL TIMES.  WE DO NOT GUARANTEE THAT ANY USE OF THE WEBSITE WILL SATISFY YOUR NEEDS, IS EFFECTIVE, RELIABLE, ACCURATE, OR WILL MEET ANY OF YOUR REQUIREMENTS.  WE DO NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE WEBSITE BASED ON ANY FACTOR INCLUDING, BUT NOT LIMITED TO: YOUR TIME ZONE, LOCATION, OR DEVICES USED TO ACCESS THE WEBSITE.  WE DO NOT IMPLY A WARRANTY.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.  IF YOUR LOCAL CONSUMER LAWS CONFLICT WITH THIS CONTRACT, YOU MAY NOT USE THIS WEBSITE.

LIMITATION OF LIABILITY

Your remedy for any dispute with us is to discontinue your use of the website.  You shall not file a claim against us, our parent company, our partners or suppliers exceeding the total amount of service fees that you paid us during a one year period for a specific service.

Ascii Altar, iommo.com, our partners and affiliates shall not be liable for any indirect, consequential or exemplary damages arising from your use of, inability to use, reliance upon, or desire to use the website.  These exclusions apply to any and all claims for loss of profits, lost data, ceasing to work, computer failure or malfunction, hardware failure, network failure, loss of goodwill, or any personal or commercial damages or losses, even if we knew or should have known of the possibility of such damages.  In some countries, states or jurisdictions do not permit the exclusion or the limitation of liability for consequential or incidental damages.  Our liability, and the liability of our parent, affiliates and partners shall be limited to the extent permitted by law.  If the law in those countries do not permit any limitation of liability that would assist us in prevention of loss of profits, then this portion of the Terms excludes you, and you must discontinue use of the website without holding any accountability to us.

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of IOMMO.COM. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

INTERNATIONAL USE

We make no representation that Content on IOMMO.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access IOMMO.COM from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the State of Pennsylvania govern this contract and any claim or dispute that you may have against us, without regard to Pennsylvania's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Pennsylvania and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF PENNSYLVANIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF PENNSYLVANIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on IOMMO.COM constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Your right to use IOMMO.COM automatically terminates if you violate these Terms or any rules or guidelines posted in connection with IOMMO.COM. We also reserve the right, in our sole discretion, to terminate your access to all or part of IOMMO.COM, for any reason, with or without notice.

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