Terms and Conditions

Welcome to Elyzeria (http://www.elyzeria.com), referred to as 'this Site', 'we' or 'our'.

The following Terms and Conditions, outlines the service agreement between Elyzeria and you, also referred to as 'User'. By accessing and using this Site, you agree to be legally bound by these Terms and Conditions. We reserve the right, at our sole discretion, to change and/or modify these Terms and Conditions at any time, without notice to you. Such changes and/or modifications shall become effective immediately upon their posting. Your continued use and access of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions, including the privacy policy of this Site.

All such guidelines and rules - including those for, but not limited to our Forums, Pigeon Post - are hereby incorporated by reference into the Terms and Conditions. We expect you to abide by these rules, and failure to comply may result in the deletion of the User's account and/or termination of Service.

Ownership

All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of Elyzeria, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Elyzeria, without prior consent from the creator and/or owners of Elyzeria. Elyzeria hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Site contents and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site, provided that that "Copyright 2005-2007 Elyzeria. All Rights Reserved. Used With Permission" or "(c) Copyright 2005-2007 Elyzeria. All Rights Reserved. Used With Permission" accompanies all copyrightable material and other notices are properly maintained.

User Accounts

You hereby state that you are thirteen or older. And you hereby agree that you will not create more than one account, share an account or give your account to others. You accept responsibility for the confidentiality of your account and may be held responsible for any or all activities that occur through your account.

Code of Conduct

All information: textual, graphical, photographic, generally defined as "Content" that has not been written and/or created by the Elyzerian staff - whether publically posted or privately transmitted - is the sole responsibility of the person from which such Content originated. This includes but is not limited to uploads, posts and graphics. Elyzeria does not control the Content which originated from any of the Users and, as such, cannot and will not by held liable for any of the Content which originated from any of the Users.

You agree that you will abide to the following rules when you upload, post, email, transmit or otherwise make available any onto this Site:
  1. You are not allowed to upload, post, email, graphically portray, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harrassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist or otherwise objectionable.
  2. You are not allowed to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation.
  3. You are not allowed to upload, post, email, transmit or otherwise make available any Content that you do not have the rights to.
  4. You are not allowed to collect or store personal data and/or account data from other Users of Elyzeria.
  5. You are not allowed to ask for any form money.
  6. You are not allowed to impersonate any person or entity, including, but not limited to, Elyzeria Staff members, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  7. You are not allowed to intentionally post inflammatory statements to get responses - otherwise known as "Trolling".
  8. You are not allowed to verbally abuse or harrass other Users of Elyzeria.
  9. You are not allowed to upload, post, email, transmit, link-to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  10. All Material uploaded, posted, emailed, graphically portrayed, or otherwise made available which contains any form of text, must be in English.

User Submitted Materials

By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Elyzeria a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe.

User Posted, Submitted or otherwise Displayed URLs and Email Addresses

You, the User accept full responsibility for any URLs (internet addresses) or Email Addresses not owned by Elyzeria and posted by you, the User. You, the User accept full and sole responsibility for any damage of any kind and any loss experienced due to the URL(s) and/or Email(s) posted, submitted or otherwise displayed by you, the User, within Elyzeria. You, the User, accept the complete cost of all necessary servicing, repair, or correction.

You, the User will not hold Elyzeria responsible for any damage of any kind or any loss directly or indirectly caused by any URL or any Email not owned by Elyzeria, posted by any other member.

Indemnification

You agree to indemnify, defend and hold harmless Elyzeria, it's affiliates, and their employees, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Elyzeria reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Elyzeria in asserting any available defenses.

Termination

You agree that Elyzeria may, under certain circumstances, without any reason, and without prior notice, terminate your Elyzeria account and any associated information pertaining the User. Causes for such termination include but are not be limited to:
  1. Breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines.
  2. A request on the part of a parent or guardian, if the User is under 18 years of age.
  3. A request on the part of a law enforcement or other government agency.
  4. A request initiated by you, the User.

Disclaimer

This site and all materials contained on it are distributed without warranties of any kind, either express or implied. Elyzeria does not warrant that the functions contained in the site or materials will be uninterrupted or error-free, that defects will be corrected or that this Site or the Server that makes it available are free of viruses or other harmful components. Elyzeria does not warrant the use or the result of the use of any materials on this Site with regards to their correctness, accuracy, reliability or validity. You accept the complete cost of all necessary servicing, repair, or correction.

To the fullest extent permissible pursuant to applicable law, Elyzeria, it's affiliates, employees of Elyzeria and third party providers to the Site will not be liable for damages of any kind, including, but not limited to, compensensatory, consequential, incidental, indirect or similar damages that may result from the use of, or the inability to use, the materials contained on this Site, whether the material is provided or otherwise supplied by this Site or any third party, or the usage and or access of this Site.
You expressly understand and agree that Elyzeria will not be liable to the User for any direct, indirect or incidental damage as the result of using and/or accessing Elyzeria.
Elyzeria does not have any liability to you for any claims, damages, losses and causes of actions, exceeding the amount paid by you, if any, for accessing this Site.

You accept full responsibility for any Material and or Content uploaded, posted, emailed, transmitted or otherwise made available by you. You accept the complete cost of all necessary servicing, repair, attorneys' fees, or correction.





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