Site Usage Agreement1. General
1.1 This agreement governs your use of the Path of the Vampire website.
1.2 Mooncalf Studios reserves the right, at their discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the site. Your continued use of the site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Mooncalf Studios as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the site.
2. Use of Content
2.1 You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Subject to the provisions of this Agreement, you may post on the site any content owned by you (such as your original statements), subject to approval from the owner. You assume all right and responsibility for determining whether any content you post is in the public domain. You represent and warrant that you are authorized to grant all rights set forth in this paragraph.
3. Rules of Conduct
You shall not post on the site any content which is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or which contains viruses, worms, trojan horses or other contaminating or destructive features, or which violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret, or which violates any right of privacy or publicity, or which otherwise violates any applicable law or reputation. You may not post to the site any links to any external internet sites that are obscene or pornographic. You shall not use the site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services, except through the use of the paid advertising service offered.
4. Managing Content
Mooncalf Studios does not and cannot review all content posted by users on the site, and is not responsible for such content. However, Mooncalf Studios reserves the right to delete or edit any content that they may determine, at their sole discretion, violates or may violate this agreement or is otherwise unacceptable.
5. No Endorsement
5.1 Mooncalf Studios does not represent or endorse the accuracy or reliability of any content posted by users, and you acknowledge that any reliance upon such content shall be at your sole risk.
5.2 The site may contain links to sites on the internet that are owned and operated by third parties. You acknowledge that Mooncalf Studios is not responsible for the availability of, or the content located on or through any third-party site.
You agree to indemnify, defend and hold Mooncalf Studios and their affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any such party in connection with any use or alleged use of the service under your user name by any person, whether or not authorised by you. Mooncalf Studios reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mooncalf Studios's defense of such claim.
7. Termination of Service
Mooncalf Studios reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the site, at any time for any reason without prior notice or liability. Mooncalf Studios may change, suspend or discontinue all or any aspect of the site at any time, including the availability of any feature, database or content, without prior notice or liability. Donations towards site upkeep and/or payments made for services within the site, in no way imply that the site will necessarily remain available to the donator.
You agree that all payments or donations you make to Mooncalf Studios (either for services, in-game items / property, or voluntary contributions) are non-refundable. Once in-game points (or "karma") are spent in game, you agree that your usage of them thereafter renders any payments for said points non-refundable. However, in-game items purchased using "karma" may be transfered or sold to other players, at the user's discretion.
9. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
9.1 Neither Mooncalf Studios, nor any provider or third-party content or their respective agents warrants that the service will be uninterrupted or error free, nor does any party make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an 'as is, as available' basis. Neither Mooncalf Studios, third-party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose with respect to the service, nor any content or any products sold through the service. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy and completeness of the content is assumed solely by you.
9.2 Neither Mooncalf Studios nor any third-party content provider nor their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
9.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Mooncalf Studios, third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter All provisions hereof shall survive any termination of this Agreement as well as any other revisions that by their terms or sense are intended to survive.