Servants of the Shrub:General disclaimer
From Servants of the Shrub
July 27, 2011
You agree that you will not (nor allow any other person or entity to):
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”).
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.
“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.
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.
“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.
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.
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.
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.
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.