dragon storm entertainment
Terms of use
Welcome to Dragon Storm Entertainment web site.
1. Agreement to Terms.
By using this Site, or engaging in any activity governed by these Terms of Use
including, without limitation, online game play, you signify that you agree to
these Terms of Use. In addition, when using particular services available on
this Site, you will be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the Terms of Use. If you do not
agree to the Terms of Use, please do not use the Site or otherwise engage in any
activity governed by these Terms of Use. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these Terms of Use at
any time. Please check these terms periodically for changes. Your continued use
of DragonStormEntertainment.com, or any activity governed by these Terms of Use,
after the posting of changes to these terms will mean you agree to abide by
those changes. Please note that additional and/or different terms of use may
apply to services provided through one or more business associates of
Dragon Storm Entertainment Company and you
should refer to those before using such services.
2. Ownership.
This Site is owned and operated by Adam DeGazon. The contents of this Web site
are ฉ Adam DeGazon, owner of Dragon Storm Entertainment
Company. ฉ Dragon Storm & or ฎ as indicated. All rights reserved. The
Vanishing Dragonฎ, The Chosenฎ and all logos, characters, artwork, stories,
information, names, and other elements associated thereto are the sole and
exclusive property of Adam DeGazon. Any use of any of the materials on this Site
other than for private, non-commercial viewing purposes is strictly prohibited.
The sale, auction, lease, loan, gift, trade or barter, or use of any of the
text, graphics, photographs, audio and/or video material or stills from
audiovisual material or any other materials contained herein, for any other
purpose, in any form, media or technology now known or hereafter developed,
including the use of any of the aforementioned materials on any other Web site
or networked computer environment, without a prior written consent from Adam
DeGazon, is expressly prohibited. The creation of derivative works based on the
materials contained herein including, but not limited to, products, services,
fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and
greeting cards and unlicensed merchandise (whether sold, bartered or given away)
is expressly prohibited. You may download one copy of the materials on any
single computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation of Adam
DeGazon's copyright and other proprietary rights.
3. Links.
This Site includes links to other Internet sites solely as a convenience to
users. Dragon Storm Entertainment does not
endorse any such linked sites or the information, material, products or services
contained on other linked sites or accessible through other linked sites.
Furthermore, Dragon Storm Entertainment
makes no express or implied warranties with regard to the information, material,
products or services that are contained on or accessible through linked sites.
Access and use of linked sites, including information, material, products and
services on linked sites or available through linked sites is solely at the
user's own risk.
4. Messages and Blogs.
You are welcome to transmit or submit messages (collectively "Messages") to the
posted contact information. Messages submitted are reviewed by Adam DeGazon
prior to response.
5. Submissions.
Dragon Storm Entertainment company policy
does not allow it to accept or consider creative ideas, suggestions, or
materials other than those it has specifically requested. Accordingly, we must
request that no visitors to this Site, or any venue or web site governed by
these Terms of Use, submit or send any original creative materials, including
but not limited to submissions of scripts, story lines, fan fiction, characters,
drawings, information, suggestions, ideas or concepts. If at our request you
send certain specific submissions (e.g., postings, or similar items) or, despite
our request that you not send us any other creative materials, you send us
creative suggestions, ideas, notes, drawings, concepts, or other information
(collectively the "Submissions") will be returned.
6. Use of DragonStormEntertainment.com Communications.
In connection with your use of the e-mail of DragonStormEntertainment.com
governed by these Terms of Use, you may not upload to, distribute through, or
otherwise publish through DragonStormEntertainment.com or any other venue or web
site any content which is, as determined by Dragon Storm Entertainment
in its sole discretion, libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, disparaging,
illegal, or otherwise objectionable or that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise give
rise to liability, or violates any law. You agree that your activities on the
Site (including without limitation submission of any Messages) will not:
a. infringe Dragon Storm Entertainment
or any third party's copyright, trademark, trade secret or other proprietary
rights or rights of publicity or privacy (and by submitting Messages, you
represent to Dragon Storm Entertainment that you are the rightful owner of such
material or that you have first obtained permission to submit the material from
the rightful owner);
b. constitute (or encourages conduct that would constitute) a criminal offense,
gives rise to civil liability or otherwise violates any local, state, national
or international law or may create liability for Dragon Storm Entertainment
or cause Dragon Storm Entertainment to lose
(in whole or in part) the services of our ISPs or other suppliers;
c. transmit content Dragon Storm Entertainment
considers in its sole discretion to be disruptive, unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic,
sexually explicit, hateful, racially, ethnically or otherwise objectionable;
d. impersonate or claim the identity, characteristics or qualifications of any
other person or entity; or falsely state or otherwise misrepresent your
affiliation with a person or entity or are false, inaccurate or misleading;
e. unless specifically authorized by Dragon Storm Entertainment,
are for commercial purposes or contain advertising or are intended to solicit a
person to buy or sell services or to make donations, including "spam" or any
other form of solicitation or promotion, or link to, directly or indirectly, any
sites that violate the restrictions set forth in this Section 6;
f. contain any virus or other harmful component or otherwise disrupt the normal
flow of communication in or operation of the Forums in any way; or
g. are libelous, or an invasion of privacy or publicity rights or any other
third party rights.
7. Privacy.
Dragon Storm Entertainment is committed to
respecting the privacy rights of all visitors to the Site. Dragon Storm
Entertainment does not require that
visitors reveal any personally identifying information in order to access our
main site. Although information may be required to participate in certain
promotions or sales offered through the Site, participants are requested to
provide information on a voluntary basis only. We encourage you to take a moment
to carefully read Dragon Storm Entertainment's
Privacy Policy for additional privacy information, the terms of which are
incorporated into these Terms of Use by reference.
8. Disclaimer of Warranties.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, DRAGON STORM ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. DRAGON STORM ENTERTAINMENT DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRAGON STORM
ENTERTAINMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DRAGON STORM
ENTERTAINMENT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Termination.
You agree that Dragon Storm Entertainment,
in its sole discretion, may terminate any account (or any part thereof) you may
have with us for any activity governed by these Terms of Use or for your use of
the Site and remove and discard all or any part of your account or any
Submissions made in any venue or web site(s), for any reason whatsoever in
Dragon Storm Entertainments sole
discretion. Dragon Storm Entertainment may
also in its sole discretion and at any time discontinue providing the Dragon
Storm Entertainment.com site, or any part
thereof, or any activity governed by these Terms of Use with or without notice.
You agree that any termination of your access to the Site, any account you may
have or portion thereof or any activity governed by these Terms of Use may be
effected without prior notice, and you agree that Dragon Storm Entertainment
shall not be liable to you or any third-party for any such termination.
11. International.
Unless otherwise specified, the materials in the Site are presented solely for
the purpose of promoting programs, films, and other products available in the
United States and its territories, possessions, and protectorates. Dragon Storm
Entertainment is controlled and operated
from its United States office in New York. Dragon Storm Entertainment
makes no representation that materials on the Site are appropriate or available
for use in any particular location. Those who choose to access the Site do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. Materials from this site is further
subject to United States export controls. No materials from this site may be
downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using any software from
this site, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
12. Miscellaneous.
The failure of Dragon Storm Entertainment
to exercise or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. These terms shall be governed by
and construed in accordance with the laws of the State of New York, without
giving effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms or the Site shall
be filed only in the state or federal courts in and for the county of Albany,
New York and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. If any provision of these
terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.