1. CHANGES TO TOU
We reserve the right to modify the TOU from time to time in our sole discretion. For example, we may amend the TOU to incorporate additional rules and policies as may be established by The Horror Shack from time to time. If we make changes to the TOU, we will announce and post such changes on the Site for the general public. If you are a Member, we may also notify you of the changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the Site. By continuing to use the Site or any The Horror Shack Content after such notice and consent, you are bound by the TOU as modified with respect to all your subsequent uses of the Site and The Horror Shack Content.
2. CHILDREN AND MINORS
By using the Site, (1) you represent and warrant that you are at least 18 years of age, or an emancipated minor, and are fully able and competent to understand, assent to, and abide by the TOU; or (2) if you are under 18 years of age and not an emancipated minor, you represent and warrant that you are using the Site with the supervision and consent of your parent or legal guardian who is at least 18 years of age, or an emancipated minor, and who is fully able and competent to understand, assent to, and abide by the TOU. Minors who use the Site are assumed to have parental or guardian supervision and consent.
In addition, The Horror Shack expects all Members who make contributions to be legal adults for the purpose of upholding licenses and TOU terms applicable to their contributions.
The Site is NOT directed to children under the age of 18. Accordingly, children under the age of 18 will not be permitted to register or make any User Posting on the Site. If we discover that any registration or User Posting is made by an underage child, such registration or User Posting will be immediately and permanently canceled and removed from the Site, with or without notice.
3. RESERVATION OF RIGHTS BY The Horror Shack Your use of the Site and The Horror Shack Content is a privilege, and NOT a right. Accordingly, The Horror Shack expressly reserves the following rights:
- the right to suspend, revoke and terminate your privilege to use the Site and The Horror Shack Content at any time and with or without notice, should you violate the TOU or any applicable law (please note that a violation of the TOU by anyone using the Site or any The Horror Shack Content under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent),
- the right to terminate the membership account of any User who is determined by us to be a repeat copyright infringer and to deny re-registration by such User;
- the right to suspend, delete, remove, block, disable and deny access to any User Postings at any time, for any or no reason, and with or without notice, including, without limitation, User Postings which, in the sole judgment of The Horror Shack, violate the TOU or any applicable law, or may expose or subject The Horror Shack to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of The Horror Shack, or may pose threats, danger or harm of any kind to the Site, any The Horror Shack Content, or other Users;
- the right to investigate any violation or suspected violation of the TOU and cooperate with law enforcement authorities and/or third parties in such investigation;
- the right to preserve and disclose any and all of your Profile information (including your Private Information) if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of The Horror Shack, its Users, and/or the public; and
4. RESPONSIBILITY FOR USER POSTINGS
All User Postings are the sole responsibility of the User or Users from whom such postings were originated. This means that you, and not The Horror Shack, are entirely responsible for all User Postings made by you. You acknowledge and agree that:
- The Horror Shack may, but has no obligation to, pre-screen, review, edit or monitor any User Postings;
- The Horror Shack does not direct or control User Postings and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy of any User Postings;
- the Site is a public forum and there is no reasonable expectation of privacy by any User when accessing public areas on the Site;
- by voluntarily providing your Bio, you grant The Horror Shack express permission to publish your Bio on the Site;
- for any Private Information that you choose to publish, have published, or otherwise share with others on the Site, you are deemed to have expressly waived your right and expectation of privacy for such information; and
- under no circumstances will The Horror Shack be responsible or liable for others' use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Site.
5. PROHIBITED CONDUCT
You may not use the Site or any The Horror Shack Content to:
- Make any User Postings that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, offensive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your association or affiliation with any person or entity (including The Horror Shack); Forge headers or otherwise manipulate identifiers in order to disguise the origin or source of your User Postings;
- Make any User Postings that you have no right, authority or permission to make;
- Make any User Postings that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other property, personal or proprietary right of any person or entity (including The Horror Shack); Make any User Postings that are commercial in nature, including unsolicited advertising, promotional and marketing materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Make any User Postings that contain viruses, spyware, malware, or any other malicious or harmful computer code, files or programs that are designed to invade, infiltrate, damage, disrupt, interfere with, or otherwise adversely affect any computer software, hardware, network or equipment;
- Engage in "trolling," such as making any User Postings that are off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users' ability to engage in real time exchanges;
- Interfere with or disrupt the Site or any servers or networks connected to the Site, or disobey any requirements, procedures, protocols, policies or regulations of networks connected to the Site, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application;
- Violate any applicable law, whether intentionally or unintentionally;
- Stalk or otherwise harass any other person or entity;
- Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the TOU;
- Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the Site or any The Horror Shack Content;
- Use another Member's Username, Password or other account information without permission; or
- Engage in any other conduct or activity that The Horror Shack determines, in its sole judgment, is illegal, abusive, harmful or improper.
To report abuse or prohibited conduct, please contact email@example.com .
6. PROFILE AND SECURITY
All User Postings made by a Member will automatically be linked to that Member's Bio and Username. This means that whenever you make a User Posting on the Site, your Bio and Username will be visible to others in connection with that posting. Subject to the reservation of rights set forth in Section 4 above, The Horror Shack does not publish or share with others a Member's Private Information. However, you acknowledge and agree that, for any Private Information that you choose to publish, have published, or otherwise share with others on the Site, you are deemed to have expressly waived your right and expectation of privacy for such information, and you do so solely and entirely at your own risk. Under no circumstances will The Horror Shack be responsible or liable for others' use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Site. The Horror Shack will use reasonable efforts to safeguard your Private Information in The Horror Shack's possession or control against unauthorized access and disclosure. However, you understand and acknowledge that no data transmission over the Internet and no data storage can be 100% secure. Consequently, The Horror Shack does not warrant or guarantee the security of any information you transmit to, from or on the Site. We will notify you in the event we become aware of a breach or suspected breach of the security of your Private Information stored by us. It is also your responsibility to safeguard your Private Information. Please be sure to log off from your account and close your browser at the end of each session. Special caution should be exercised when accessing your account from a public or shared computer. You agree to promptly notify The Horror Shack upon knowledge of any unauthorized access or disclosure of your Private Information or of any breach of security involving your account.
7. ONLINE PRIVACY
THE SITE, ALL The Horror Shack CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, The Horror Shack EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY AND ALL The Horror Shack CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, The Horror Shack DOES NOT WARRANT OR GUARANTEE THAT THE SITE, ANY The Horror Shack CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL The Horror Shack OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE, ANY The Horror Shack CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, OR YOUR USE OF (OR YOUR INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT The Horror Shack AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. USER INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD The Horror Shack AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) YOUR USE OF OR RELIANCE UPON THE SITE, ANY The Horror Shack CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE; (2) ANY USER POSTINGS MADE BY YOU; OR (3) YOU BREACH OR VIOLATION OF ANY PROVISION OF THE TOU OR ANY APPLICABLE LAW. The Horror Shack AND ITS AFFILIATES RESERVE THE RIGHT, AT THEIR OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH The Horror Shack AND ITS AFFILIATES IN SUCH DEFENSE AND SETTLEMENT.
The TOU is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and The Horror Shack concerning the Site, any The Horror Shack Content, any User Postings, or the TOU shall be decided exclusively by state and federal courts located in the Santa Clara County, State of California, U.S.A. The TOU constitutes the entire agreement between you and The Horror Shack concerning your use of the Site and The Horror Shack Content. If any portion of the TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the remaining portions of the TOU, all of which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the TOU shall not constitute a waiver of such right or provision.