1. Accepting the Terms of Service

Please read these Terms of Service (the "Agreement") carefully before submitting files to, or posting on the forum at Deadmonton.com and ProjectDeadmonton.com (the "Sites" or "Deadmonton") and/or the other domains, websites (including associated Facebook, Twitter, Google +, Pinterest, Instgram, and other social pages) products, applications, mobile applications, services, and/or Content provided by Deadmonton (all of those collectively with the Sites, the "Services") (Deadmonton.com, a copyrighted literary work of fiction, an Edmonton-based production, collectively with its agents, representatives, consultants, employees, officers, and directors, "Deadmonton," "we," or "us"). By using or accessing the Services, you ("User" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.

2. Modifications to this Agreement

Deadmonton reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally through a notification on the home page of the Sites. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.

We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.

In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

3. Service Changes and Limitations:

The Sites change frequently, and their form and functionality may change without prior notice to you. Deadmonton retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Deadmonton may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Deadmonton may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Deadmonton may also block or suspend access to Forum Accounts (as defined below) at any time, in its sole discretion.

Limitations on Automated Use:

You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Deadmonton and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Deadmonton (and only pursuant to those terms and conditions) or unless permitted by Deadmonton's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any User host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

4. Registration and Security

As a condition to using certain areas of the Services (such as the Sites forums), you may be required to create an account (an "Account") and select a password and username.

When doing so, you agree to provide Deadmonton with accurate, complete, and updated registration information, particularly your email address.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Deadmonton immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

5. Privacy

For information about how Deadmonton collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the Canadian and/or other countries for storage, processing, and use by Deadmonton and the Deadmonton Affiliates (as defined below).

6. Files and Contributor Submissions

Definitions:

For purposes of this Agreement: (1) the term "Files" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written works, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features. (2) the term "Contributor Submissions" means Files that a Sites User submits, transfers, or otherwise provides to Deadmonton. Content includes, without limitation, all Contributor Submissions.

Your Rights in Contributor Submissions:

User retains ownership and/or other applicable rights in Contributor Submissions, and grants Deadmonton license to use all, or part, of Contributor Submissions without limit. Ownership and/or other applicable rights of any content created from Contributor Submissions resides with Deadmonton.

Contributor Submissions License to Deadmonton:

When you provide Contribuor Submissions to Deadmonton through the Services, you grant Deadmonton a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and creative license of works of, such Contributor Submissions. The rights you grant in this license are for the purposes of allowing Deadmonton to operate the Services in accordance with their functionality, improve the Services, and develop new Services and content. The reference in this license to "creative license of works" provides Deadmonton the right to modify your Contributor Submission in any way needed to provide additional Services and Sites content.

Note also that this license to your Contributor Submissions continues even after you stop contributing, partaking in Sites, or posting in Sites forums; primarily because of the how this would effect Sites content already making use of these Contributor Submissions.

You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Contributor Submissions you transfer to us.

7. Warranty Disclaimer; Services Available on an "AS IS" Basis

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, DEADMONTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Deadmonton makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Deadmonton also makes no representations or warranties of any kind with respect to Content. No advice or information, whether oral or written, obtained from Deadmonton or through the Services, will create any warranty not expressly made herein.

8. Time Limitation on Claims and Releases From Liability

You agree that any claim you may have arising out of or related to this Agreement or your relationship with Deadmonton must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

You further release, to the fullest extent permitted by law, Deadmonton and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Deadmonton (the “Deadmonton Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:

  • Disputes between forum Users, including those between you and other forum Users.
  • The acts of third parties generally (i.e., individuals or entities who are not Deadmonton or a Deadmonton Affiliate), including third party sites and services.
  • Disputes concerning any use of or action taken using your forum account by you or a third party.
  • Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your forum Account credentials.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEADMONTON AND THE DEADMONTON AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DEADMONTON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DEADMONTON AND THE DEADMONTON AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00).

10. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.

11. Termination (Not of the zombie kind)

Either party may terminate this Agreement at any time by notifying the other party. Deadmonton may terminate or suspend your access to or ability to use any and all Services immediately (namely Sites forums), without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Deadmonton may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement or abuse of other forum Users

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your forum Account on Sites, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Deadmonton or any third party.

12. Miscellaneous

This Agreement, as modified from time to time, constitutes the entire agreement between you and Deadmonton with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Deadmonton's prior written consent. Deadmonton may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Deadmonton in any respect whatsoever.

13. Reporting Instances of Copyright Infringement:

If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to alive{at}deadmonton.com

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its URL on the Deadmonton sites, with sufficient detail so that Deadmonton is capable of finding it and verifying its existence.
  3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Link to Prior Versions

You will find links to prior versions of our Terms of Service below, which will allow you to compare historical versions and see which terms have been updated. So far, no prior versions have been published.

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