Merlin’s Palace User Agreement
Effective September 2nd, 2020.
This User Agreement (“user agreement” or “agreement”) is an agreement between Merlin’s Palace (“Merlin’s Palace”, “we”, “our” “us”) and you. This agreement sets out the terms of your use of merlinspalace.net (the “website”) and services, including, but not limited to, the provision of access to an on-line message board (the “services”). This agreement has been designed to foster a fair and tolerant atmosphere in which ideas and information may be shared between Merlin’s Palace users.
Access to Merlin’s Palace
Merlin’s Palace, including its website and services, is designed as entertainment and is exclusively for your personal use and enjoyment. We are not responsible for any decisions you make based upon something you read on the website. You may not use the website and/or the services to break the law, violate an individual’s privacy, or infringe the intellectual property rights of any other person or entity.
Your access to Merlin’s Palace is not guaranteed by this agreement. Without advanced notice and at any time we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to the website or services; (2) suspend or terminate your Merlin’s Palace account; and/or (3) alter, amend or remove any user content from the website.
Your Merlin’s Palace Account
To participate on Merlin’s Palace, you must create an account that includes a username, password and valid e-mail address (“Your Account”). Merlin’s Palace reserves its rights to block the use of e-mail address from certain e-mail providers during the registration process at its discretion and without any warning to you.
You are solely responsible for the information associated with Your Account, and anything that happens in relation to Your Account, including, but not limited to, any content posted to the website by Your Account. You may not license, transfer, sell or assign Your Account without our prior written permission.
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Illegal Activity: In any instance where we suspect you have used your account to post illegal material (e.g., child pornography) to the website, in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, injunctive redress and to fully cooperate with the authorities in any investigation.
Our Intellectual Property
Merlin’s Palace contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “Merlin’s Palace content.” Merlin’s Palace content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Merlin’s Palace content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Merlin’s Palace content, except as permitted by the doctrine of fair use or as authorized in writing by us.
Your Intellectual Property
You retain the rights to your copyrighted content or information that you submit to Merlin’s Palace (“user content”), except as described within this agreement.
By submitting user content to Merlin’s Palace, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
By submitting user content to Merlin’s Palace, you represent that your submitted user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
By submitting user content to Merlin’s Palace, you represent that your submitted user content does not violate the laws of the United States, the State of Kentucky, or the jurisdiction in which you reside.
Merlin’s Palace does not endorse, either expressly or implicitly, any user content submitted to Merlin’s Palace. Nor does Merlin’s Palace assume any liability for any user content submitted to Merlin’s Palace.
Children and Merlin’s Palace
Merlin’s Palace does not knowingly collect, process, store, transfer or disclose any personal data of children or users under the age of consent established by the data protection law of their applicable country. If we learn that we are engaged in said activities with the personal data of such users, we will halt those activities and take reasonable measures to promptly remove the applicable personal data from our records. If you are aware that a user under the age of consent in their applicable country is accessing Merlin’s Palace, please let us know at [email protected] In the case that we discover that a child under the age of consent in their applicable country has provided us with personal data, we shall delete this from our servers as soon as practicable. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us at [email protected] so that we will be able to take the necessary actions to remove your child’s personal data.
We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on Merlin’s Palace which we deem to be infringing upon the copyright of others. If you become aware of user content on Merlin’s Palace which you believe infringes your copyright rights, you may send us a DMCA request, properly formatted pursuant to 17 U.S.C. § 512.
Misrepresentations of infringement can result in liability for monetary damages, and you may want to consult an attorney. You may send us your DMCA request to: [email protected] with “DMCA Takedown Request” in the subject field.
Please provide us with the following information when submitting your DMCA takedown request:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we remove your user content in response to a copyright or trademark notice, we will notify you via Merlin’s Palace’s private messaging system as well as through the e-mail you provide during registrations. If you believe your user content was wrongly removed, you can file a counter-notice with us by e-mailing us at [email protected], with “DMCA Counter-Notice” in the subject field. Please include the following:
(i) your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Additional Prohibited Activities
You may not access or use the website for any other purpose other than that for which we make it available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the website designed to prevent or restrict access to the Website, or any portion of the website;
B. attempting to impersonate another user or person or using the username of another user;
C. criminal or tortious activity;
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website;
E. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
F. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the website, or using or launching any unauthorized script or other software;
G. harassing, annoying, intimidating or threatening any Merlin’s Palace employees or agents engaged in providing any portion of the services to you;
H. interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
I. making any unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
J. selling or otherwise transferring your profile;
K. systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
L. tricking, defrauding or misleading us and other Merlin’s Palace users, especially in any attempt to learn sensitive account information such as passwords;
using any information obtained from the website in order to harass, abuse, or harm another person;
using the website in a manner inconsistent with any and all applicable laws and regulations;
posting of obscene content or content which is determined by us to be otherwise “not safe for work”;
abusing or harassing other users, including but not limited to the posting of racist, sexist, homophobic, or transphobic content;
posting personally identifiable information about another user; or
promotion of piracy.
We reserve the right but do not have an obligation to:
A. monitor the website for violations of this agreement;
B. take appropriate legal action against anyone who, in our sole discretion, violates this agreement, including without limitation, reporting such user to the appropriate law enforcement authorities;
C. in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) or modify any user content or any portion thereof for any reason;
D. otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
You agree to defend, indemnify and hold Merlin’s Palace, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the website and/or services, and/or arising from a breach of this agreement.
Merlin’s Palace and its website and services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third-party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that the website and services will always work properly.
Limitations of Liability
IN NO EVENT SHALL Merlin’s Palace OR ITS MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If you have an issue or a complaint with us, you agree to try and resolve it with us informally before pursuing any legal action. In order to resolve an issue or a complaint regarding the website or the services, please contact us at [email protected]
The headings in this agreement are for convenience only and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Kentucky without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this User Agreement
We may modify this agreement from time to time. Any and all changes to this agreement will be posted on the website and revisions will be indicated by date. You agree to be bound to any changes to this agreement when you use the services after any such modification becomes effective. We may also, in our discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the website for updates to this agreement and you will read the messages we send you to inform you of any changes. Modifications to this agreement shall be effective after posting.