1. Acceptance of terms
2. Modifications to Terms of Service
Tomb Raider Vault may change the terms and conditions of the TOS without prior notice nor posterior notification to The Author. Changes to the TOS will be signaled to The Author upon login at the Tomb Raider Vault site on a good faith principle. Changes to the TOS will also be announced on Tomb Raider Vault’s blog, accessible at http://TombRaiderVault.com/.
3. Service Description
Tomb Raider Vault provides a blog service. A blog service is composed of two parts:
(i) Web application for the purposes of posting on our site and in our forums.
The provided service allows for editing and publishing of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles. Storage or bandwidth limits are applied to content, according to account levels, further described in the pricing policy.
4. Modifications to Service
Tomb Raider Vault may change the provided service without prior notice nor posterior notification to The Author. Changes to the service will be signaled to The Author upon login at the Tomb Raider Vault site on a good faith principle.
5. Author Identification
Tomb Raider Vault identifies The Author by the email and password provided during registration phase. After successful login, all actions are considered to be taken by The Author.
(i) The guarantee of confidentiality of the email and password used to login at Tomb Raider Vault is sole responsability of The Author.
(ii) In the event of loss of the password by The Author, Tomb Raider Vault may send a password recovery message to the email provided during registration. The guarantee that only The Author may read this message is the sole responsibility of The Author.
(iii) Tomb Raider Vault will offer no password recovery channel other than submission of a new password to the registered email.
7. Content Ownership
7.1 Licence to Reproduce
Content published by the The Author via Tomb Raider Vault’s services is owned by The Author. Usage of The Author’s content by Tomb Raider Vault is allowed for marketing purposes, unless said content is marked as private.
You agree to indemnify and hold Tomb Raider Vault, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7.3 Author Responsibility
The Author is entirely responsible for the content of, and any harm resulting from, the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(ii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) The Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(v) Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(vi) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own;
7.4 Content Removal
Content published by The Author is not pre-screened by Tomb Raider Vault. Tomb Raider Vault shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by The Author.
Tomb Raider Vault places advertisements on each blog. We are not responsible for content from third party advertisers or sites linked to from such.
9. Pricing Policy
The pricing policy defines Tomb Raider Vault optional paid services that add features to the blog. The paid services relate to different limits on:
(i) Access to Tomb Raider Vault Service features,
(ii) Storage limits for data stored in Tomb Raider Vault servers,
The pricing policy may change without prior notice or posterior notification to the The Author.
10. Account suspension and deletion for inactivity
Tomb Raider Vault reserves the right to suspend and delete accounts based on activity criteria. Suspension and deletion criteria are applied individually per registered user on Tomb Raider Vault. A user will be considered active if it fulfills at least one of the following conditions:
They are subscribed to any premium service
They have made a post or visited the website within a twelve month period
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tomb Raider Vault EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Tomb Raider Vault WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Tomb Raider Vault IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Tomb Raider Vault DOES NOT WARRANT THAT:
(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tomb Raider Vault SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tomb Raider Vault HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.