4085 Gamery Terms of Use
Last Updated: November 1, 2019
**IMPORTANT PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE
COMPANY(4085 Gamery) FOR THE USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.
The website located at https://4085gamery.wixsite.com/elysianbattlefields (“Site”) is copyrighted work belonging to 4085 Gamery, LLC (“us,” “our,” and/or “we“). These 4085 Gamery Terms of Use (“Terms of Use”) are a legally binding agreement between you, as an end-user of our Site (“User,” “you,” and/or “your”), and us. The Company provides services through the Site, including but not limited to a service for Users to share digital designs that can be printed on 3D printers to create physical objects, artwork that can be 2D printed, and game ideas and concepts. By accessing the Site or using any of our Services, you agree to be bound by these Terms of Use.
1. ACCOUNTS
1.1 In order to use certain features of the Site (e.g., to upload a 3d design, artwork, or documents), you must register for an account with us and provide certain information. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
1.2 You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
2. SITE
2.1 Subject to these Terms of Use, we grant you a nontransferable, nonexclusive, license to use the Site and Services for your personal and noncommercial use.
2.2 We reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
2.3 You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
2.4 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and Services are owned by 4085 Gamery. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. 4085 Gamery reserves all rights not granted in these Terms of Use.
2.5 By using our Site or Services, you agree that we may collect and use personal data about you. Such information collected through the Services or Site shall only be used in accordance with our Privacy Policy.
3. USER CONTENT
3.1 Our Service allows you to post and share certain information, text, artwork, 3D sculptures, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
3.2 By posting Content on the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license to post and share it, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
3.3 You retain your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
3.4 4085 Gamery has the right but not the obligation to monitor and edit all Content provided by users.
3.5 Content found on or through this Service are the property of 4085 Gamery or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
3.6 You agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (vii) systematically aggregate, embed or deeplink content from your own web site, service, or platform to the Site for commercial purposes without the prior written consent of 4085 Gamery.
3.7 We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities.
3.8 Unless stated otherwise, all content posted on the Site is licensed under a CC BY-NC-SA license.
3.9 Each User is solely responsible for their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions and transactions with other Users are solely between you and such User. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
4. INDEMNITY
4.1 You agree to indemnify and hold 4085 Gamery (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) use of the Site and/or Services by you or any person using your account; (b) your User Content; (c) your violation of these Terms of Use; or (d) your violation of applicable laws or regulations.
5. LIMITATION OF LIABILITY
5.1 In no event shall 4085 Gamery or its directors, employees, partners, agents, suppliers, or affiliates be liable to your or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms of Use or your use of, or inability to use, the Site or Services or third-party sites and ads even if we have been advised of the possibility of such damages. Access to, and use of, the site and services and other content are at your own discretion and risk, and you will be solely response for any damage to your person or computer system (including the loss of data).
6. LINKS TO OTHER SITES
6.1 Our Site or Services may contain links to third party web sites or services that are not owned or controlled by 4085 Gamery. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
6.2 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
6.3 We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
7. GOVERNING LAW
7.1 These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.
7.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have had between us regarding the Site and Services.
8. CHANGES
8.1 These Terms of Use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to these Terms of Use will be effective upon the earlier of fifteen (15) calendar days following our dispatch of an email notice to you (if applicable) or fifteen (15) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Sites or Services. You are responsible for providing us with your most current email address. Continued use of our Sites or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Contact Us
If you have any questions about the Terms of Use, please contact us.