Terms & Conditions of Service
Effective as of September 15, 2010
A. Applicable Sites
These Legal Notices apply to the greggemignani.com, grgpics.com, augustus.org, federalgaminglaw.com, gaminglawclass.com, lawoftheslotmachine.com, lscalumni.org, ameliasparty.info, rhclawclass.com, osthings.com, videgamelaw.com and nsial.org websites (collectively the “Sites”).
B. Copyright Notice
Any materials located on the Sites with a copyright notice is the property of the party identified on that notice. Any material on sites .that are linked to by any of the Sites is owned by such other sites or others.
C. Requesting Reproduction Permissions
The materials on this site are probably not owned by you. If you want to use any of the materials please ask for permission (you’ll probably get permission if you ask). You may write Greg to request permission at the following address:
Greg Gemignani, 8363 W. Sunset Road, Suite 300, Las Vegas, NV 89113.
D. Security or Lack Thereof
Nothing on the Sites is secure. The Sites could be hacked, though I sincerely hope it doesn’t happen. While the Sites do use some form of security, a determined hacker will probably be able to access or alter whatever they want. If you send me a notice that any of the Sites have been hacked, I’ll probably pull the site down then reupload the basic site files. Don’t be surprised if content disappears from the site.
E. Privacy
Nothing is private. Any forms on the SITES either post to forums which are viewable by all or are sent through a CGI script to an e-mail address. Don’t submit anything private. The SITES may collect information and use cookies. However, they might not. It depends on what the host provider and the web development software uses. In any event, the bar is set as low as possible, so nothing is private. Don’t expect any privacy on the Sites.
F. USER/SUBSCRIBER AGREEMENT
IMPORTANT! PLEASE READ CAREFULLY
This User Agreement constitutes a legal agreement between you and the operator of the Sites (the “Operator”) and spells out the terms and conditions to which users of any of the Sites are expected to adhere. Please read this User Agreement carefully before using any Operator Site, because by using any of the Sites in any manner, you acknowledge that you have read and understand and agree to be bound by the terms set forth here, as well as (a) the terms of the Privacy Policy and (b) any supplemental terms appearing at an applicable Site, all of which are hereby incorporated by reference into this User Agreement (collectively referred to as the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not subscribe to or use any of the Sites or any portion of the Sites. The Operator reserves the right to amend this Agreement at any time and will post the amended Agreement here.
This Agreement applies to the Sites.
1. OPERATOR CONTENT AND USER SUBMISSIONS
1.1 The contents of sites operated by the Operator (“the Service”), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Sites (collectively, the “Content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Operator or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
1.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other applicable intellectual property laws, rules and regulations. Except as may otherwise be set forth in this Section 1, you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or the Service in whole or in part. You may not use any meta tags or any other “hidden text” utilizing Operator’s name or trademarks without the express prior written consent of Operator.
1.3 Copying or storing of any Content for any purpose other than your personal, noncommercial use as part of the Service is expressly prohibited without the prior written permission from Operator’s Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices. For purposes of clarification, but not limitation, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
1.4 You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and you grant Operator a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Operator and sublicensees the right to use the name that you submit in connection with such content, if they choose. The Operator will have no obligations or liability of any kind to you or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that the Operator shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without your approval or compensation to you. You waive any rights you may have in modifications or alterations to your Submissions or in the event that your Submission is changed in a manner not agreeable to you. In addition, you hereby waive all moral rights you may have in any materials uploaded to the Service or sent to the Operator or posted on any Site by you.
1.5 All messages transmitted to the Operator or any of the Sites will be readily accessible to the general public. You should not use any Site to transmit any communication, which you intend only the intended recipient(s) to read. Notice is hereby given that any and all messages uploaded to any of the Sites can and may be read by the operators of this Service, regardless of whether or not the operators are the intended recipients of such messages.
1.6 To enable Operator to use the information you supply to us through your Submissions, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights you have in that information, in any media now known or developed in the future, with respect to your information. However, Operator will only use your personal information in accordance with the Privacy Policy.
1.7 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Operator Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; •a description of where the material that you claim is infringing is located on the Site; •your mailing address, telephone number, and e-mail address; •a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; •and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail: Intellectual Property Counsel , 8363 W. Sunset Road, Suite 200, Las Vegas, NV, 89113
By telephone: (702) 550-4468
By email: copyright@videogamelaw.com
2. FORUMS AND DISCUSSIONS
2.1 The Sites may make available comments sections, chat rooms, forums, message boards, and/or news groups to its users (“Public Forum(s)”). You shall not upload to, or distribute or otherwise publish through, a Public Forum any content which is illegal, libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language.
2.2 You represent and warrant that you own or otherwise control all rights to any content that you post to any Public Forum; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Operator for all claims resulting from content you supply.
2.3 The Public Forums within the Sites are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Operator does not endorse the opinions reflected on these Public Forums. You acknowledge that any Submissions may be reproduced, published, transmitted, edited, removed, modified, used and/or displayed by Operator in any manner pursuant to Section 1.4, above.
2.4 You may only use the Public Forums in a noncommercial manner. You shall not, without the express prior approval of Operator, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with Operator and the Service or otherwise. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type through the Public Forums.
2.5 While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Operator reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or this Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Operator takes no responsibility and assumes no liability for any content posted by you or any third party. You shall remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Sites may contain links to other websites, resources and sponsors of Operator. Selection of any banner advertisement or link may redirect you off of a Operator Site to a third party website. Interactions and/or transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of Operator. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Operator does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website.
4. REGISTRATION AND SECURITY
4.1 In order to access certain areas of the Sites and to post comments to the Public Forums, you will be required to register and, in the case of members’ areas on the Sites, pay for such access. You must agree to abide by all of the terms contained in the Agreement in order to become or remain an authorized subscriber of any of the Sites.
4.2 In order to register and subscribe to one or more of the Sites, you must agree to the terms and conditions of this Agreement.. Feel free to read and reread this Agreement as often as you want before subscribing to the Sites. If you do not wish to agree to these terms and conditions, do not apply to join. The Operator reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Occasionally the Operator may ask you to accept the terms of such changes to continue using the Sites.
4.3 As part of the registration/subscription process, you will select a password and user name (collectively, a “Site ID”). You agree to provide Operator with accurate, complete and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any person other than yourself without authorization; or (c) use a screen name that Operator, in its sole discretion, deems offensive.
4.4 You are solely responsible for maintaining the confidentiality of your Site ID and shall notify Operator of any known or suspected unauthorized use(s) of your account, Site ID or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information.
4.5 You are responsible for all usage or activity on your account to any of the Sites. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at Operator’s sole discretion, and you may be referred to appropriate law enforcement agencies.
4.6 You must be 18 years or older to subscribe to any of the Sites.
4.7 SECURITY ON THE SITES IS LAX. THE SITES ARE A HOBBY OR A CHARITY AND NOT A COMMERCIAL ENTERPRISE. TO THE EXTENT THAT ANY AREA OF ANY OF THE SITES USES AN ID AND PASSWORD, SUCH INFORMATION IS PROTECTED TO THE EXENT THAT THE THIRD PARTY SOFTWARE OR SCRIPT PROTECTS SUCH INFORMATION. THIS MEANS THERE ISN’T MUCH PROTECTION OF ANYTHING, SO ACT ACCORDINGLY.
4.8 IF THIS AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY SIMPLY DISCONTINUING THE USE OF YOUR ACCOUNT AND SITE ID. YOUR CONTINUED USE OF ANY SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account, or Operator’s use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
5.2 Operator makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access any of the Sites from outside of the United States do so on their own initiative and are responsible for compliance with local laws.
5.3 Operator neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY OPERATOR OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED “AS IS.” OPERATOR MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. OPERATOR DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. OPERATOR MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON ANY OF THE SITES AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON ANY OF THE SITES.
5.4 You hereby acknowledge that the use of the Service, any Site and the Content available thereon is at your sole risk.
6. NATURE OF SITES
6.1 You hereby acknowledge and agree that the Sites are generally a hobby and that as such they lack many of the features you might expect on a web site such as regular maintenance, state-of-the-art security, average security, attention to detail and general quality.
6.2 Despite the shortcomings of the Sites and the risks of using the Sites, including the risk that all of the information you post will be accessible by the world, you are still agreeing to these terms to use the Sites.
6.3 The Sites, other than the augustus.org site, have no official endorsement by anyone. This means that the lscalumni.org site is just a hobby of mine and not an official site of Lionel Sawyer & Collins.
7. INDEMNIFICATION
7.1 You hereby agree to indemnify, defend and hold Operator and the officers, directors, owners, agents, information providers, affiliates, licensors and licensees of any sponsor of the Sites (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Operator without Operator’s prior written approval.
8. LIMITATION OF LIABILITY
8.1 NEITHER OPERATOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR: (a) ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, ANY OF THE SITES, OR THE CONTENT THEREON; (b) ANY OF THE MATERIALS PROVIDED BY OPERATOR OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICE; (c) ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS or (d) ANY OTHER CLAIMS UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT AND TORT LIABILITY.
8.2 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPERATOR’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE U.S. DOLLAR (US$1.00).
9. SYSTEM INTEGRITY
9.1 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on a Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose.
10. TERMINATION
10.1 You may cancel your subscription at any time. You are responsible for all charges incurred up to the time the account is deactivated.
10.2 Operator may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, any breach of this Agreement by you or associated with your account, any assignment of your account to a third party, or the repeated infringement of copyrights owned by Operator or third parties.
10.3 Operator, including, without limitation, its authorized agents and employees may terminate your use of any or all of the Sites and/or your account without notice in the event that you breach any obligation in this Agreement, including but not limited to, (a) restricting, inhibiting or disrupting the operation of any Site; or (b) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Operator employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Operator employee or other individual.
11. MISCELLANEOUS
11.1 This Agreement has been made in and shall be construed and enforced in accordance with Nevada law without regard to any conflict of law provisions. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Las Vegas, Nevada, and you hereby consent to the personal jurisdiction and venue of the courts located in Clark County, Nevada.
11.2 Official correspondence must be sent via postal mail to:
The Sites, 8363 W. Sunset Road, Suite, 200, Las Vegas, NV 89113
11.3 This Agreement, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Operator with respect to your access to and use of the Sites and Service and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Operator with respect to the Sites and/or Service. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.
11.4 Operator may assign this Agreement: (a) to any of its affiliates, (b) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Operator or (c) in connection with the sale of any of the Sites or the business unit associated with such Site(s).
G. ACCEPTANCE
By using any of the Sites, you hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.
Privacy
This is a personal website. I am not intentionally collecting any personal information from anyone.
It is possible that the site host, site tools, or other technology used to create and operate the site will collect information from you, but these are things over which I have no known control.
While this site was not designed to collect any personal information, by using this site you understand, acknowledge and agree that you have no expectation of privacy, any information you provide may be transmitted, sold, or shared with anyone in the world. Therefore, by using this site, you have no expectation of privacy, and you agree the site and its owners and operators shall have no duty to protect your privacy.