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Terms of Use for BeyondUnreal (both Users and Hosted Sites)

Terms and Conditions of Use

General

Introduction

These are the Terms and Conditions of Use for BeyondUnreal. These Terms and Conditions govern your rights and obligations, and those of BeyondUnreal in relation to the Services offered by BeyondUnreal through our Web Site. Please take some time to read through these Terms and Conditions. By using the Web Site you accept and agree to be bound by these Terms and Conditions.

Definitions

For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:

"BeyondUnreal" means the web site either owned or provided by BeyondUnreal, Inc., including forums and hosted sites.
"Bots" means a software tool which enables cheating within a game
"Cookies" means a packet of information sent by an HTTP Server to a World Wide Web Browser and then sent back by the Browser each time it accesses that server.
"Open Mail Relay" relates to the laundering of massive amounts of mail relayed through a server
"Hosted Sites" means a web site having their primary web content physically located on a BeyondUnreal server
"Services" means the services offered by BeyondUnreal via the Web Sites
"User" means any party using the Web Sites
"Web Site" means BeyondUnreal's web site hosted at http://www.beyondunreal.com or such other web site as BeyondUnreal may use from time to time
"Administrator" means one of BeyondUnreal's Administration staff

Changes to the Web Site and and Key Service Issues

Changes by BeyondUnreal

The User acknowledges and accepts that BeyondUnreal may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without proper notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
BeyondUnreal reserves the right to e-mail members at their BeyondUnreal e-mail address regarding any key service issues and it will be presumed that such e-mails will have been read.
BeyondUnreal may run automated searches for abuse of its Services and members are deemed to have accepted this limited intrusion to their networks or machines.

Privacy

You can read the BeyondUnreal Privacy Policy here.

User Conduct

The User warrants that in its use of the Web Site it shall:

- not act in any manner which negatively impacts on the equipment or network of BeyondUnreal or is likely to lower BeyondUnreal in the larger Internet community.
- use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party
- not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.
- not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libelous, pornographic or otherwise obscene, or racially or ethically or otherwise objectionable; and
- not assist in the sending of unsolicited e-mails or run an open mail relay of any kind.
- not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems.
- be aware that in using BeyondUnreal they may travel over other networks or be involved in the use of other services. Users must be aware that they will be bound by the Terms and Conditions imposed by the operators of these networks and services.

Hosted Sites

Hosting on BeyondUnreal is a privledge, not a right. The following are some facts about running a hosted site on BeyondUnreal:

1) BeyondUnreal hosting is free.
2) Only Unreal-engine related information is allowed on hosted sites.
3) Unless specifically cleared with the Administrators in writing, hosted sites must be updated frequently.
4) All Hosted Site content must be in English, and may not include unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable material. This includes (but is not limited to) text, graphics, video, programs or audio material or programmes of any kind.
5) All forum software, with the exception of vBulletin, must be approved in writing by an Administrator prior to implementation.
6) All pages on Hosted Sites must contain the appropriate BeyondUnreal ad code, which you should receive from a BeyondUnreal administrator
7) The entirety of this 'Terms and Conditions of Use' applies to all Hosted Sites.

Conduct on the BeyondUnreal Forums

1) All registered forum users must abide by the rules detailed at signup.
2) Spamming individual or multiple threads is prohibited.
3) Maximum signature image size 600x240 and 1 megabyte. You are allowed five text lines (standard forum table width) along with an image in your signature.
4) The entirety of this 'Terms and Conditions of Use' applies to all registered forum users.

Non Compliance with Terms and Conditions

Effect of Failure to comply

Failure to comply with any Terms and Conditions may find the User being subject to, but not limited to:

- a formal warning.
- temporary or permanent banning from all MotherShip servers

Any decision made by BeyondUnreal administrators with regards a User's failure to comply will be final and all cases will be considered individually upon their merits.

Downtime

Computer and Telecommunications Faults

The user acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading.

Accordingly BeyondUnreal does not guarantee uninterrupted availability of the Web Sites, but it shall make reasonable effort to minimize any periods during which the Web Sites are not available. The User accepts that he or she shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Hypertext Links

The Using of Hypertext Links

The Web site and its Contents may at certain points incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorization by BeyondUnreal to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by BeyondUnreal.

The User acknowledges and accepts that BeyondUnreal is not and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.

Intellectual Property Rights

Copyright and other Intellectual Property Rights

The User acknowledges that, with the exception of hosted sites and forum post content, all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Web Sites and the Services shall belong to BeyondUnreal and the User undertakes not to infringe any of the said rights. Other than to the extent required to access, update and view the Web Sites, no copying, distribution, modification of the Web Site or any Material is permitted. Resale or supply of any Material is expressly prohibited.

E-Mail, IRC and Message Boards

Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable materials or language. This includes (but is not limited to) text, graphics, video, programs or audio material or programes of any kind. BeyondUnreal accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which, in its opinion, is in breach of these Terms and Conditions.

Users shall not advertise any products, services or refer to specific web site addresses without obtaining consent of BeyondUnreal. Users will only post material which they own in copyright and must not infringe the rights of any third party including (but not limited to) copyright, trade mark, trade secret, privacy or publicity rights. As a user, you will agree to indemnify BeyondUnreal against any damages, loss, costs or expenses arising from any posted material, including but not limited to any claim by any third party that such use infringes its intellectual property rights.

Disclaimer

Exclusion of Liability of BeyondUnreal

The user accepts and acknowledges that BeyondUnreal, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damages, loss, costs or expenses arising directly or indirectly from the User's downloading of any of the contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.

Without prejudice to the foregoing generality, BeyondUnreal hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos, and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third parties rights or any law, compatibility, security and accuracy.

Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of BeyondUnreal, its directors, employees or agents.

Indemnity

Indemnity of BeyondUnreal

The User shall indemnify BeyondUnreal against any and all claims, actions, damages, liabilities, costs and expenses including reasonable lawyer’s fees and expenses arising out of:

- the User's breach or non-observation of any of the terms of this Agreement; or
- any breach or inaccuracy in any of the User's representation or warranties.

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Pennsylvania, USA . Any disputes arising from here shall be exclusively subject to the jurisdiction of the courts in the state of Pennsylvania, USA.

Acceptance of Terms

In using any BeyondUnreal service, whether anonymously or following registration for membership, the user agrees to be bound by these Terms and Conditions. Failure to accept these Terms and Conditions means Users do not have permission to access the Contents of the Web Site and associated services and they should cease their use of these immediately.

BeyondUnreal Privacy Policy

BeyondUnreal Privacy Statement

BeyondUnreal, Inc. (BeyondUnreal) has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to gather broad demographic information and to track user patterns of different areas and themes within the site.

Cookies

Our Site uses cookies to keep track of our members and to save your password so you don't have to re-enter it each time you visit our site.

The bulletin board uses cookies to store the last time you logged in, your username and password, and your preferred "topic view", if you set it in preferences. These cookies are stored on your browser.

Advertising

We use an outside ad company to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by our ad company, and we do not have access to this information.

Member Registration Forms, Surveys and Newsletters.

Our site's registration forms require users to give us contact information (name, email).

Demographic and profile data is also collected at our site.

All information gathered from the registration form, email newsletter subscription form and survey form is used by BeyondUnreal personnel for communication purposes.

We do not divulge any personally identifying information to any 3rd party organisation.

External Links

This site contains links to other sites. BeyondUnreal is not responsible for the privacy practices or the content of such Web sites.

Forums and Message Boards

This site makes forums and message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Considering the real-time nature of the bulletin board, it is impossible for us to review messages or confirm the validity of information posted. Please remember that we do not actively monitor the contents of posted messages and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of BeyondUnreal or any entity associated with BeyondUnreal. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

You agree, through your use of the forums, that you will not use them to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by BeyondUnreal.

Although BeyondUnreal does not and cannot review the messages posted and is not responsible for the content of any of these messages, we reserve the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless BeyondUnreal, Jelsoft Enterprises Lmt. (the makers of the bulletin board software), and their agents with respect to any claim based upon transmission of your message(s). We at BeyondUnreal also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:

feedback@beyondunreal.com


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