To ensure
that you enjoy the highest standards of quality and service during
your visits to Tawny Amber Young, we encourage you to read through
the following information before you register. These legal notices
spell out the terms and conditions to which members are expected
to adhere.
TERMS OF SERVICE
GENERAL RULES AND DEFINITIONS
1.1 This
Subscriber Agreement, which includes the Operating Rules, constitutes
Subscriber's Agreement with Tawny Amber Young, an Internet service
("the Service") of Eight 16 Productions, Inc. ("TAY")
with respect to Subscriber's use of this service. Subscriber
must agree to abide by all of the terms and conditions contained
in the Subscriber Agreement in order to become or remain an
authorized Subscriber of the Service.
1.2 To indicate
agreement with the terms and conditions of this Subscriber Agreement,
Subscriber must click the "Agree" checkbox at the
end of registration form. You will not be allowed to register
before clicking that box. Feel free to read and reread the Subscriber
Agreement as often as you want before clicking the "Continue"
button. If you do not wish to agree to these terms and conditions,
click the "Cancel" button. TAY reserves the right,
at its discretion, to change, modify, add or remove portions
of this Subscriber Agreement at any time. Notification of changes
in service will be posted on the Service, in the News Section,
sent via email or sent via postal mail. Occasionally Tawny Amber Young
may ask you to accept the terms of such changes to continue
using the service.
1.3 IF THE
SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO SUBSCRIBER, OR CAUSE SUBSCRIBER TO NO LONGER BE IN COMPLIANCE
WITH THE SUBSCRIBER AGREEMENT, SUBSCRIBER MAY CANCEL SUBSCRIPTION
BY REQUESTING ORDER CANCELLATION (SEE SECTION 9 REGARDING TERMINATION
OF SERVICE). SUBSCRIBER'S CONTINUED USE OF THE SERVICE NOW,
OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING
RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF
SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Tawny
Amber Young may change, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service
feature, database or content. Tawny Amber Young may also impose
limits on certain features and services or restrict Subscriber
access to parts or all of the Service without notice or liability.
TAWNY AMBER YOUNG CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The
contents of the Tawny Amber Young Internet service are intended
for the personal, noncommercial use of its registered Subscribers.
All materials published on Tawny Amber Young (including, but not
limited to articles, photographs, images, illustrations, audio
clips and video clips, also known as "The Content")
are protected by copyright and other intellectual property laws,
and are owned or controlled by TAY or the party credited as
the provider of the content, software or other materials. Subscriber
shall abide by all additional copyright or other notices, information
or restrictions appearing in conjunction with any Content accessed
through the Service.
2.2 The
Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions and other copyright laws. Except as set forth in
Section 2 of this Subscriber Agreement, Subscriber may not modify,
adapt, translate, exhibit, publish, transmit, participate in
the transfer or sale of, reproduce (except as provided in this
section of the Subscriber Agreement), create derivative works
from, distribute, perform, display, reverse engineer, decompile
or dissemble, or in any way exploit, any of the Content, software,
materials or Service in whole or in part.
2.3 Subscriber
may download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use only,
provided that Subscriber maintains all copyright and other notices
contained in such Content. Copying or storing of any Content
for other than personal, noncommercial use is expressly prohibited
without the prior written permission from TAY, or the copyright
holder identified in the individual Content's proprietary notices
including copyright notice.
FORUMS
AND DISCUSSIONS
3.1 Subscriber
shall not upload to, or distribute or otherwise publish through
the Service any Content which is libelous, defamatory, abusive
or otherwise violates any law. Please use your best judgment
and be respectful of other individuals using the bulletin boards.
Do not use abusive or hateful language. Bulletin boards within
these sites and services are provided to give our users an interesting
and stimulating forum in which they may express their opinions
and share their ideas. TAY does not endorse the opinions placed
on these bulletin boards. Subscriber acknowledges that any submissions
may be edited, removed, modified, published, transmitted and
displayed by TAY. In addition, Subscriber warrants that all
moral rights in any uploaded materials have been waived.
3.2 The
Forums shall be used only in a noncommercial manner. Subscriber
shall not, without the express approval of TAY, distribute or
otherwise publish any material containing any solicitation of
funds, advertising or solicitation for goods or services, or
to promote Web sites or online services which are competitive
with the Service.
3.3 While
TAY does not and cannot review every message posted by Subscribers
in the Forums and is not responsible for any content of these
messages, TAY reserves the right to delete, move or edit messages
that it, in its sole discretion, deems are in violation of the
law (including trademark and copyright law), or this Subscriber
Agreement, or are abusive, defamatory, obscene or otherwise
unacceptable. Subscribers shall remain solely responsible for
the content of their messages.
ACCESS
AND AVAILABILITY OF SERVICES AND LINKS
4.1 Tawny
Amber Young contains links to other related World Wide Web Internet
sites, resources and sponsors of TAY. Selection of an ad banner
or link redirects Subscriber off of Tawny Amber Young to a third
party. Transactions that occur between the subscriber and the
third party are strictly between the Subscriber and the third
party and are not the responsibility of TAY. Because TAY is
not responsible for the availability of these outside resources
or their contents, Subscriber should direct any concerns regarding
any external link to its site administrator or Webmaster.
REPRESENTATIONS
AND WARRANTIES
5.1 Subscriber
represents, warrants and covenants (a) that no materials of
any kind submitted through Subscriber's account or TAY's use
thereof in accordance with the terms and conditions of this
Subscriber Agreement, will (i) violate, plagiarize or infringe
upon the rights of any third party, including copyright, trademark,
privacy or publicity, moral rights, contract or other personal
or proprietary rights; (ii) contain libelous or otherwise unlawful
material; (iii) constitute false or misleading indications of
origin or statements of fact; (iv) slander, libel or defame
any person or entity; (v) cause injury of any kind to any person
or entity; or (vi) violate any applicable laws, rules, regulations
or other governmental regulations; and (b) that Subscriber is
at least 18 years old. Subscriber hereby indemnifies, defends
and holds TAY and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by Subscriber or any User of Subscriber's account of the Subscriber
Agreement or the foregoing representations, warranties and covenants,
including, without limitation, reasonable attorneys' fees. Subscriber
shall cooperate as fully as reasonably required in the defense
of any claim. TAY reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by Subscriber.
5.2 TAY
neither represents nor endorses the accuracy or reliability
of any advice, opinion, statement or other information displayed,
uploaded or distributed through the service by any Subscriber,
information provider or any other person or entity. Tawny Amber Young,
THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS
PROVIDED BY TAY OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED
"AS IS." TAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY,
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. TAY SHALL NOT
BE RESPONSIBLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY
DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE,
THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY TAY
OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS
OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF
TAY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 Subscriber
hereby acknowledges that use of the Service is at Subscriber's
sole risk.
REGISTRATION
AND SECURITY
6.1 As part
of the registration process, Subscriber will select a password
and Subscriber alias ("Tawny Amber Young Alias"). Subscriber
shall provide Tawny Amber Young with accurate, complete and updated
registration information. Failure to do so shall constitute
a breach of this Agreement, which may result in immediate termination
of Subscriber's account. Subscriber may not (i) select or use
a screen name of another person with the intent to impersonate
that person; (ii) use a name subject to the Rights of any person
other than Subscriber without authorization; or (iii) use a
screen name that TAY, in its sole discretion, deems offensive.
6.2 (a)
Subscriber shall notify TAY of any known or suspected unauthorized
use(s) of Subscriber's account, or any known or suspected breach
of security, including loss, theft or unauthorized disclosure
of Subscriber's password or credit card information. (b) Subscriber
shall be solely responsible for maintaining the confidentiality
of Subscriber's password. Subscriber will never be required
to reveal Subscriber's password to any representative or agent
of TAY, its owners or agents.
6.3 Subscriber
must be 18 years or older to subscribe to the Service.
6.4 Each
Subscriber is responsible for all usage or activity on Tawny
Amber Young account. Any fraudulent, abusive or otherwise illegal
activity may be grounds for termination of Subscriber's account,
at TAY's sole discretion, and Subscriber may be referred to
appropriate law enforcement agencies.
FEES
AND PAYMENTS
7.1 TAY
reserves the right at any time to charge fees for access to
portions of the service or the service as a whole. In the event
that TAY so elects, it shall post notice in the Service Information
Area. Subscriber shall pay all fees and charges incurred through
Subscriber's account at the rates in effect for the billing
period in which such fees and charges are incurred, including,
but not limited to charges for any products or services offered
for sale through the Service by TAY or by any other vendor or
service provider. All fees and charges shall be billed to and
paid for by Subscriber. Subscriber shall pay all applicable
taxes relating to use of the Service through Subscriber's account.
Subscriber's right to use the Service is subject to any limits
established by TAY in its sole discretion.
7.2 Subscriber
understands that all Memberships will not renew at the end of
their subscription period and the Subscriber must request a
renewal (See section 9. Termination).
SOFTWARE
LICENSES
8.1 Subscriber
shall have no rights to the proprietary software and related
documentation, or any enhancements or modifications thereto,
provided to Subscriber to access the Service ("Access Software").
Subscriber may not sublicense, assign or transfer any licenses
granted by TAY, and any attempt at such sublicense, assignment
or transfer is void. Subscriber may not copy, distribute, modify,
reverse, engineer or create derivative works from Access Software.
TERMINATION
9.1 Subscriber
may terminate Subscriber's account at any time by requesting
a membership renewal cancellation. Visit the cancellation page at https://www.eight16productions.com/support/. Upon termination via email, Subscriber will receive
confirmation via email that the request was processed, and Subscriber's
access will be suspended within 48 hours. No refunds will be
made after a subscription has been purchased.
9.2 TAY
may, in its sole discretion, terminate or suspend Subscriber's
access to all or part of the Service for any reason, including,
without limitation, breach of the Subscriber Agreement, or assignment
of the Subscriber Agreement by Subscriber.
9.3 Members
of Tawny Amber Young acknowledge that site administrators have
the right to terminate membership without notice for any user
who restricts, inhibits or disrupts any event or attempts to
alter or improperly access any feature or function of the site.
A user's membership may also be subject to termination if the
user posts or transmits any illegal content; harasses or threatens
any Tawny Amber Young member or TAY employee; posts content (including
the creation of usernames) that is offensive or otherwise disruptive
of Tawny Amber Young activities; posts unsolicited advertising;
or improperly impersonates a TAY employee or other individual.
MISCELLANEOUS
10.1 This
Subscriber Agreement has been made in and shall be construed
and enforced in accordance with Kansas law. Any action to enforce
this agreement shall be brought in the federal or state courts
located in Kansas City, Kansas.
10.2 Official
correspondence must be sent via postal mail to:
Eight 16
Productions, Inc.
Attention: Tawny Amber Young
P.O. Box 2366
Mission, KS 66201-2366
10.3 Subscriber
consents to the jurisdiction of Kansas State and Federal Courts.
ACCEPTANCE
11.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.
Enjoy Tawny Amber Young! You may send comments on the above terms of service, or any other matter relating to Eight 16 Productions' presence on the World Wide Web at http://www.eight16productions.com.