TERMS OF SERVICE
Terms of Service and Condition of Use:
Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use of the InMediaRes Production, LLC website following the posting of changes to these terms (including the InMediaRes Production, LLC website Security and Privacy Policy and house rules will mean you accept those changes.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
Copyright and Ownership
This website is owned and operated by InMediaRes Productions, LLC. Ownership of content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by WizKids, INC. All elements of the Battlecorps website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with WizKids INC, no portion or element of this website or its Content may be copied or retransmitted via any means; and this website, its Content and all related rights shall remain the exclusive property of WizKids INC or its licensees, unless otherwise expressly agreed.
Restrictions on Use of Materials
Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and noncommerical purposes only. You
may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on this website.
Corporate Identification, Site Content & Trademarks
All trademarks, service marks and trade names of InMediaRes Productions, LLC (including Battlecorps) and WizKids, INC used herein (including
but not limited to: the WizKids, INC name and , the WizKids, INC corporate logo, are trademarks or registered trademarks of WizKids, INC or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify InMediaRes Productions LLC or WizKids, INC trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without InMediaRes Productions LLC or WizKids, INC's prior written consent. The use of InMediaRes Productions LLC or WizKids, INC trademarks on any other website or network computer environment is not allowed. You may not use the InMediaRes Productions LLC or WizKids, INC trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
Links to Third Parties
This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by InMediaRes Productions LLC or WizKids LLC of, or any affiliation with, or endorsement by, the owner of the linked site.
InMediaRes Productions LLC or WizKids LLC is not responsible for the contents or use of any linked site, or any consequence of making the link.
Fees
For all charges for any products and services sold on the website, you will be redirected through our third-party billing service which can accept secure payments by credit card, check, cash, and a variety of other legal tenders. In the event legal action is necessary to collect on balances due, you agree to reimburse InMediaRes Productions LLC for all expenses incurred to recover sums due, including legal expenses. You are also responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.
Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services").
(a) You agree to pay, using a valid payment method which IMR accepts, the subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. IMR reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. IMR will not automatically charge your account for renewal of your site subscription unless as requested and as available by our program. The renewal charge will be the current published rates for the term of your subscription. In the event IMR cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase a subscription greater than monthly to access the Fee-Based Services and cancel at any time during that subscription period, IMR will refund the remainder of your subscription on a pro-rata basis that will cover the unused allotment of your subscription (partial months will not be refunded).
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services. In short, we are not financially responsible for your connection to the internet.
(c) For purposes of identification and billing, you agree to provide IMR with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), which may include your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at IMR's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
(d) You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
Forums and Public Communication
"Forum" means a chat area, bulletin board, or e-mail function offered as part of the InMediaRes Productions LLC online presence. You shall not upload to, distribute through, or otherwise publish through an InMediaRes Productions LLC website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any other commercial online service or other organization is expressly prohibited. You must also follow the Discussion Guidelines whenever you are using any InMediaRes Productions LLC website.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of registration data, we will not monitor, edit, or disclose the contents of a guest's communications unless required in the course of normal maintenance of the InMediaRes Productions LLC website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on InMediaRes Productions LLC; (2) protect and defend the rights or property of InMediaRes Productions LLC; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us 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 later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by canceling your subscription, or notifying InMediaRes Productions, LLC of your interest to cancel. These terms will terminate immediately without notice from InMediaRes Productions LLC if in InMediaRes Productions LLC's sole discretion you fail to comply with any term or provision of these terms. All other InMediaRes Productions LLC site(s) and all copies thereof, materials collected during your subscription under these terms of service are still bound by our previous agreement.
InMediaRes Productions, LLC reserves the right to ban members from the site, in particular trouble-makers or people who do not follow the terms of service
Disclaimer
Your use of and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INMEDIARES PRODUCTIONS LLC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. INMEDIARES PRODUCTIONS LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INMEDIARES PRODUCTIONS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INMEDIARES PRODUCTIONS LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold InMediaRes Productions LLC and any affiliations of InMediaRes Productions LLC or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users. Members of any membership area on any InMediaRes Productions LLC website are entirely responsible for maintaining the confidentiality of their password and account. Members are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.
Limitation of Liability
IN NO EVENT SHALL INMEDIARES PRODUCTIONS LLC OR ANY AFFILIATIONS OF INMEDIARES PRODUCTIONS LLC OR INDIVIDUAL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF INMEDIARES PRODUCTIONS LLC OR AN INMEDIARES PRODUCTIONS LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INMEDIARES PRODUCTIONS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
No Endorsement
You shall not use InMediaRes Productions, LLC name or any language, pictures or symbols which could, in InMediaRes Productions LLC judgment, imply InMediaRes Productions LLC endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Force Majeure
Neither InMediaRes Productions LLC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
This Website is created and controlled by InMediaRes Productions, LLC in the State of Washington, U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the State of Washington. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in Snohomish County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. InMediaRes Productions, LLC failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional Terms
Additional terms and conditions may apply to the purchase of product and other uses of this website. By using this website, you agree to such terms and conditions.
Entire Agreement
These terms and conditions are the entire agreement between the user and InMediaRes Productions, LLC and supersedes any prior understandings or agreements (written or oral).
Copyright
All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright © 2003-2004, InMediaRes Productions, LLC.
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