Tairen’s Lair, LLC. Terms of Service
III. Restrictions on Use. These terms apply to all users of the Service, whether or not you are a Registered User.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Tairen’s Lair’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Tairen’s Lair’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All Site Content, including but not limited to designs, text, graphics, pictures, audio, video, and other files, are the proprietary property of Tairen’s Lair or its licensors with all rights reserved. No Site Content may be modified, reproduced, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, without the prior written permission of Tairen’s Lair, LLC. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unauthorized use of the Service or the Site Content is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights. This license is revocable by Tairen’s Lair at any time without notice and with or without cause.
C. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
D. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization; (c) using any method to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Tairen’s Lair’s ability to monitor or make available the Service; or (f) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Tairen’s Lair will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations
IV. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER TAIREN’S LAIR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. IN NO EVENT WILL TAIREN’S LAIR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. IN NO EVENT SHALL TAIREN’S LAIR’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TAIREN’S LAIR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
V. Indemnification. You agree to defend, indemnify and hold harmless Tairen’s Lair and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.
VI. Trademarks. Tairen’s Lair, TairenLair.com, and related words, domain names and logos are trade-marks and the property of C.L. Wilson. All characters, places, worlds, languages, poetry, excerpts, derived from the works of C.L. Wilson are the copyrighted intellectual property of C.L. Wilson. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
VII. Literary & Artistic Works. All literary and artistic works offered through the Service are the exclusive property of the creator or publisher or its licensors and is protected by copyright and other intellectual property laws. Any purchase or download of these works that may be made available on this website is intended for Registered Users’ personal and non-commercial use. Any other use of works purchased or downloaded from the Service is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary or artistic works, in whole or in part. By purchasing or downloading literary or artistic works from the Service, the Registered User hereby acknowledges and agrees to these terms.
VIII. Merchandising Rights. All merchandising rights for the works of C.L. Wilson are the exclusive property of C.L. Wilson and her licensees. No products or merchandise that incorporates or depicts images, characters, scenes, languages, excerpts, or any other component derived in whole or in part from the copyrighted works of C.L. Wilson may be produced, distributed, sold, or otherwise made available without the express written consent of C.L. Wilson.
IX. Miscellaneous. You agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the State of Florida and the federal laws of the United States applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the State of Florida.