Servants of the Shrub:General disclaimer

From Servants of the Shrub

July 27, 2011

By accessing “Servants of the Shrub” (hereinafter “we”, “us”, “our”, “Servants of the Shrub”, “oftheshrub.com”, “SOS”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “Servants of the Shrub”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “Servants of the Shrub” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

General Usage

You agree that you will not (nor allow any other person or entity to):

Interfere or attempt to interfere with the proper working of “oftheshrub.com”, any subdomains of “oftheshrub.com”, or any other website connected or linked to by “oftheshrub.com”.
Use “oftheshrub.com” other than in accordance with all applicable laws and regulations (including but not limited to the federal CAN-SPAM Act of 2003 and all other applicable laws related to spamming and privacy). The Servants of the Shrub may, in its sole discretion, block any email messages, remove any content or prohibit any use of the site that it believes may be in violation of the foregoing.
Use the Service to promote, facilitate or permit gambling.
Post, transmit, facilitate, or link to (i) content that the Servants of the Shrub determines constitutes pornography, or is sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or indicate that you are a representative of the Servants of the Shrub for any purpose, including, without limitation, phishing or pharming.
Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.

Content

As used herein, "content" means text, images, photos, audio, video, CSS, Javascript, and all other forms of data or communication. You alone are responsible for your content. You assume all risks associated with your content, including any person or entity's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by the Servants of the Shrub. You further understand that any content or materials that you post, upload or transfer in connection with “oftheshrub.com”, will be made available to the public.

You hereby grant the Servants of the Shrub irrevocable, royalty-free, nonexclusive, sublicensable right and license to use, reproduce, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish your content solely in connection with making the site available to you. You acknowledge that “oftheshrub.com” prohibits any content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded in connection with the site. Accordingly, by adding or uploading content, you are warranting that you own all proprietary rights, including copyright, in and to the content with full power to grant the rights contemplated to be provided in the content. In addition, to the extent that the content contains images of people or persons, you represent and warrant that you have obtained permission from the people or persons to use their image. You also warrant that where required by applicable law, you have also obtained a valid and binding release relating to any identifiable property contained in the content that might sensibly lead to the identity of or be required by the owner of such property to permit the uses of such content.

Uptime

Subject to the terms and conditions of this Agreement, “oftheshrub.com” shall use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree, however, that from time to time the Service may be inaccessible or inoperable for various reasons, including, without limitation, (i) periodic maintenance procedures or repairs which “oftheshrub.com” may undertake from time to time; (ii) equipment malfunctions; and (iii) causes beyond the control of “oftheshrub.com”, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively “Downtime”).

Minors

You agree that you are above the age of 13 with full support from your parents or legal guardian. A way to contact the above mentioned will be required until the general age of consent of your country is reached.

Termination

“oftheshrub.com” may terminate this Agreement and your use of “oftheshrub.com” or disable your account, in each case at any time with or without cause, and with or without notice. “oftheshrub.com” shall have no liability to you as a result of such termination or disablement. All sections of this Agreement that by their nature should survive termination will survive termination. “oftheshrub.com” reserves the right in its sole and absolute discretion to change, suspend or discontinue — temporarily or permanently — some or all of the Service, at any time without notice. “oftheshrub.com” will not be liable to you for any such modification, suspension or discontinuance of the Service. You acknowledge that if your account becomes inactive for 180 consecutive days an email will be sent to your email address on record. If the account is not reactivated within 15 days the account will be suspended and an additional email notification will be sent. “oftheshrub.com” notification emails that fail to be delivered due to spam filters or other software blocking transmission or any other cause will not be considered lack of notification.

Hold Harmless and Indemnity

You agree to defend, hold harmless and indemnify the Servants of the Shrub, “oftheshrub.com”, and associated members, from and against any and all third party claims arising from or in any way related to your use of “oftheshrub.com”, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, “oftheshrub.com” will provide you with written notice of such claim, suit or action.

Compliance with Laws

You agree while using “oftheshrub.com” to comply with all applicable laws and regulations.

No Assignment

You shall not assign this Agreement, your right to use the site or assign any other rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without “oftheshrub.com”s prior written consent. Any such purported assignment or delegation by you without “oftheshrub.com”s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by “oftheshrub.com” at its sole and absolute discretion.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OFTHESHRUB.COM OR ANY OF ITS UNDERLYING ASSOCIATED MEMBERS BE LIABLE TO YOU, ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Modification of Terms

“oftheshrub.com” shall have the right to modify the terms and conditions of this Agreement at any time, which modification shall be effective immediately upon posting to the site (provided that it is not “oftheshrub.com”s intent that such modifications substantially affect the rights granted to you in this Agreement). Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a date on the first page.

Miscellaneous

“oftheshrub.com” is owned and operated by Duskrider Design LLC, website duskriderdesign.com, located in Los Cruces, New Mexico, United States of America. Due to the nature of the Internet, the website is accessible from all fifty US states and from other countries. As each of these places has laws that may differ from each other, and as you and “oftheshrub.com” both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the services offered by “oftheshrub.com”, you agree that this agreement shall be deemed to have been entered into in the State of Oklahoma, United States of America. This agreement shall be construed in accordance with and governed for all purposes by the laws of the State of Oklahoma, without regard to its principles of conflicts of law.

This agreement, in combination with “oftheshrub.com”s Privacy Policy constitutes the entire agreement and understanding of the parties hereto agree that only the Oklahoma courts, either federal or state, shall have exclusive jurisdiction over this Agreement and any controversies arising out of this Agreement.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement but this Agreement shall be construed as if invalid, illegal, or unenforceable provision had never been contained herein.

Subject to “No Assignment” above, this agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns.

No waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.

Forum Agreement

Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “Servants of the Shrub” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “Servants of the Shrub” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “Servants of the Shrub” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

Privacy Policy

The Servants of the Shrub collects certain personal information from our members during member registration. This information is stored in our database. This information is confidential and will not at anytime be made available to any outside parties, except when allowed by members.

Information Collected

When registering with Servants of the Shrub we will collect personal identifiable information from you that will include but not limited to your name, e-mail address, online game character(s) etc…

Use of Collected Information

Your privacy is very important to the Servants of the Shrub and is treated in the most secure way possible. The Servants of the Shrub will not sell or disseminate, except when required by law or government agencies, any personal information of our members to any parties outside of the Servants of the Shrub.

The information provided is used for the purpose of creating and maintaining individual member accounts, contacting members in case of problems with their account, for member wide mailings of organizational information which may or may not affect the members account, and provide technical support when necessary. All of our development is done by Servants of the Shrub members. In the event that Servants of the Shrub uses outside parties, such parties will not have access to individual member information without the signed written consent of the member on file with Servants of the Shrub.

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