1. Purpose of the Site; Creative Commons License.
(a) Purpose. Runes of Gallidon believes that creating, maintaining, and continually adding to a collection of ideas for the creative community can be an effective way to generate high-quality, interesting, and dynamic works. That belief led us to create this Site and fantasy world, where Site visitors ("Visitors"), registered guests ("Guests"), registered paying members ("Patrons"), and artisans whose works have been accepted by Runes of Gallidon for publication on the Site under a separate Artisan Agreement ("Artisans") have an opportunity to play in a new world of creativity. You may participate in the Site as a Visitor, Guest or Patron or, if you submit content that we accept for publication on the Site as a Work under the Artisan Agreement, as an Artisan.
(c) License to Works - Artisan Agreement and Creative Commons Attribution Non-Commercial Share Alike License.
(i) Artisan Agreement. If Runes of Gallidon accepts your submission for publication on the Site as a Work under the Artisan Agreement, the terms of the Artisan Agreement shall apply to the use and commercialization of that Work by you and Runes of Gallidon and publication of the Work on the Site for use by Site Visitors, Guests, Patrons, Artisans and others under the Creative Commons Attribution Non-Commercial Share Alike License.
(ii) Creative Commons Attribution Non-Commercial Share Alike License. All Works (excluding Third Party Proprietary Works) published on the Site are licensed to you under the Creative Commons Attribution Non-Commercial Share Alike (BY-NC-SA) License (the "CC License"). Site Visitors, Guests, Patrons, Artisans and others may copy and use the Works subject to the terms of the CC License. The CC License allows you to copy the Works, create derivative works based on the Works and distribute, display and perform the Works and any derivative works in any medium only for non-commercial purposes. You must give the author(s) of a Work attribution and if you distribute the Work or any derivative work based on a Work, you must distribute it under the CC license, so all recipients receive the same rights to the Work and any derivative work. We urge you to review the information on the Creative Commons website about the CC License (http://creativecommons.org/licenses/by-nc-sa/3.0/). This license is necessary to allow the Works to be legally available for use by Site Visitors, Guests, Patrons and Artisans if they want to use them when they create new Works, Content and other materials set in the Runes of Gallidon world. A "Third Party Proprietary Work" is a Work or portions or elements of a Work on the Site that are licensed under proprietary license terms other than the CC License, as indicated on the Site or the Third Party Proprietary Work. If you want to copy, modify, distribute, or otherwise use any Third Party Proprietary Work, you are responsible for obtaining permission from the owner and complying with all applicable license terms for such Third Party Proprietary Work.
(iii) Ideas Can Be Freely Used. The CC License applies only to Works (excluding Third Party Proprietary Works) that are protected by copyright law, such as text, scripts, blogs and any other forms of writings; drawings, photographs and other visual images; films, video games and other visual materials; musical compositions, sound recordings and other audio works. The CC License does not apply to things such as ideas, factual information or other items that are not protected by copyright law. All such items embodied in a Work (excluding Third Party Proprietary Works) that are not protected by copyright law (collectively, "Ideas") are freely available for use by anyone for any purpose, including Artisans if they want to use them when they create new Works set in the Runes of Gallidon world. "Ideas" include, for example, characters, objects and locations and their names and attributes.
(d) License to Content. The following license grant applies only to Content that you submit to the Site, not Works that are published on the site under the Artisan Agreement. Publication of any Work is governed by the Artisan Agreement. By submitting your Content to Runes of Gallidon, for example, through forum posting and wiki entries, you hereby grant Runes of Gallidon (and any Runes of Gallidon successors-in-interest, subsidiaries, or parent companies) a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, non-exclusive, sublicensable right and license to use, copy, modify, adapt, translate, create derivative works based on, publicly perform, publicly display, broadcast, publish, license (or sell with your authorization) and/or distribute and otherwise transmit Content posted to or submitted to the Site, any element or portion thereof and derivative works based on your Content or any element or portion thereof, in any medium now or in the future known. Runes of Gallidon's rights include the right to make editorial revisions to your Content, to use in any way the Content you submit on the Site or in other Runes of Gallidon media, whether now or hereafter created, to license your Content to third parties, for our own internal business purposes; and/or to reproduce and distribute the Content or any portion thereof and derivative works based thereon for Runes of Gallidon's marketing and publicity purposes.
4. Membership and Billing.
(a) Subscription Services. Some services offered on the Site are subscription-based services provided only to registered Patrons ("Subscription Services"). All references to the Site, and all terms and conditions applicable thereto, include reference to the Subscription Services. If you register as a Patron and open a subscription-based account with our Site, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice. Any changes to fees will apply on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy will be to terminate your subscription. You will receive notice of any fee change at least 30 days before the scheduled date of the transaction and failure to cancel your account as set forth below will constitute acceptance of such fee change. You are solely responsible for and must provide all telephone and other equipment necessary to access the Service including without limitation Internet access software, modems and connectivity.
(e) Accounts. By registering as a Guest, Patron or Artisan or making any submission to the Site for publication as a Work or Content or otherwise, you agree the information you provide must be accurate, current, and complete, and that you will keep it up-to-date. As part of the registration process, the Guest, Patron or Artisan will select a password and User ID ("User ID"). Runes of Gallidon reserves the right to cancel any User ID if in Runes of Gallidon's sole discretion the name is objectionable or offensive in any way or uses the intellectual property rights of any other person, or is used or capable of use for impersonating another person. You are responsible for maintaining the confidentiality of your password. You agree not to share your username and password with anyone. Each user of Subscription Services must have their own personal account. Unauthorized provision of access to Subscription Services or any content provided as part of the Subscription Service is a violation of Runes of Gallidon's rights and will result in termination of your account and possible legal action. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify the Billing Service Company of the problem to avoid possible liability for any unauthorized charges to your account. All activities under your account are your responsibility, and you agree not to share or transfer your account. If you notice any unauthorized use of your account, contact us immediately (choose "Business Matters" in the pull-down menu) and tell us about it. Runes of Gallidon will not be responsible for any losses that you may incur as a result of someone else using your account, however you could be held liable by Runes of Gallidon or another party due to someone else using your account.
Brain Candy, LLC
P.O. Box 60037
Pasadena, CA 91116
(g) No Refunds. All fees paid for any subscription term are paid in advance and are not refundable in whole or in part, regardless of termination for any reason. If you have a balance due on any Runes of Gallidon account, you agree that Runes of Gallidon can charge these unpaid fees to the Payment Method that you have provided. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Subscription Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control.
(h) Automatic Renewal. Please Note: Your Subscription will be automatically renewed and your credit card account (or other Payment Method account) will be charged as follows without further authorization from you:
(i) Every month for monthly subscriptions.
(ii) Every three months for three month subscriptions.
(iii) Such other periodic rate you have selected from among other options that may be offered by Runes of Gallidon.
(iv) The renewal fee shall be equal to the original signup price, unless otherwise notified in advance of the renewal date that the price will be different. For annual subscriptions, you will have thirty (30) days after the date that any renewal fee is posted to your Payment Method account to give notice that you want to cancel your subscription, and the subscription will be cancelled upon receipt of such notification and a credit will be posted to your Payment Method account equal to the latest renewal fee charged. For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations. For monthly subscriptions, you must notify the Billing Service Company at least 15 days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must notify the Billing Service Company at least 15 days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
(v) Authorization to charge your Payment Method account will remain in effect until you notify the Billing Service Company (in writing upon request) of termination of this authorization or of a change to your selected Payment Method; provided that such notice will not affect charges submitted before the Billing Service Company could reasonably act. Your non-termination or continued use reaffirms that authorization to charge your Payment Method. You are required to keep your billing account information current, complete and accurate (such as a change in billing address, credit card number or expiration date) and notify the Billing Service Company if your Payment Method is cancelled (e.g., for loss or theft). If you fail to provide the foregoing information, you agree that you will continue to be charged for any product or services on your account unless you have terminated your subscription. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable product or service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
5. Rules of Conduct. Your use of the Site, including all Works, Content, interactive features of and submissions to the Site are subject to the following rules of conduct.
(c) Ownership. Runes of Gallidon does not claim ownership of any of your Works or Content that is published on the Site. After publishing a Work or Content on the Site, you (or a third party who permitted you to publish the Work or Content on the Site) continue to retain all ownership to the Work or Content, subject to the license terms described herein and any additional terms that you and Runes of Gallidon may agree to under the Artisan Agreement or any other written agreement, and you continue to have the right to use the Work and Content in any way you choose, subject to, with respect to Works, the terms of the CC License and any Artisan Agreement or other written agreement between you and Runes of Gallidon.
(e) CC License. You may copy and download Works, other than Third Party Proprietary Works, solely for your non-commercial use in accordance with the CC License, provided that all copyright and other attribution notices on the materials are included in all copies of the Works and any derivative works. You must obtain all necessary permissions and licenses before copying, downloading or making any use of any Third Party Proprietary Works. You may not copy, download or otherwise use any Content except as may be expressly authorized by Runes of Gallidon in writing. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed on any Works, Content or other materials on the Site.
(f) Compliance With Laws. In using the Site and making any submission of a Work or Content to the Site, you agree to comply with all applicable laws, statutes, rules, regulations and Guidelines, all contracts to which you are a party, and all fiduciary obligations you may have (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(g) No Unauthorized Access. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
(h) Age Requirement. Guests, Patrons and Artisans must be the age of majority in the state in which they reside to submit any Works or Content for publication on the Site.
(i) Conduct. You agree to keep a respectful manner and conduct and that your activities on the Site, including without limitation, submission of any Works or Content, will not:
(i) reveal trade secrets or any information which you have agreed, expressly or by implication, to keep confidential;
(ii) constitute (or encourage conduct that would constitute) a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or may create liability for Runes of Gallidon or cause Runes of Gallidon to lose (in whole or in part) the services of our ISPs or other suppliers;
(iii) transmit content Runes of Gallidon considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable, libelous or invasive of another's privacy or publicity rights, such as including a person's name or recognizable description of a real person in a story;
(iv) 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;
(v) unless specifically authorized by us, be for commercial purposes or contain advertising or be 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;
(vi) constitute, contain, or encourage "make-money fast" type messages, junk mail, spam, "chain letters" or "pyramid schemes" of any type;
(vii) contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or otherwise interfere with any other party's use and enjoyment of the Site or take any action that imposes an unreasonable or disproportionately large load on Runes of Gallidon's infrastructure, including without limitation "denial of service attacks";
(viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site;
(ix) probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site;
(x) reverse look-up, trace or seek to trace any information on any Guest, Patron or other user of the Site, including information on any Patron account other than your own, to its source, or exploit the Site in any way with a purpose of revealing any information, including but not limited to personal identification or information, other than your own information; or
(xi) attempt to circumvent user authentication or the security of any user account or use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Site (including without limitation any data, including any Guest, Patron or Artisan registration information, whether individually or in the aggregate).
(j) Site Content Disclaimer. You understand and agree that by using the Site, you may be exposed to materials that you find offensive, indecent, or objectionable, and that the Works and/or Content may not be in accordance with the laws of your jurisdiction. You understand and acknowledge Runes of Gallidon is not responsible for the information, data, text or other materials that may appear in Content submitted by you or third parties on this Site. Opinions expressed in such Works or Content do not necessarily reflect the opinions of Runes of Gallidon, Runes of Gallidon does not necessarily review Content prior to posting, and Runes of Gallidon does not endorse and has no control over such Content.
6. Links. This Site includes links to other Internet sites solely as a convenience to you. Runes of Gallidon 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, Runes of Gallidon 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 your own risk. We urge you to take appropriate precautions when using the Internet.
7. Disclaimer of Warranties. The materials in this Site, Works, Content, products and services are provided "AS IS" and without warranties of any kind, express, statutory or implied. To the fullest extent permissible pursuant to applicable law, Runes of Gallidon disclaims all warranties, express, statutory or implied, including, but not limited to, warranties of title and implied warranties of merchantability, fitness for a particular purpose and non-infringement or with respect to the Site, any Works, Content, or any products or services available, offered or sold through this Site. Runes of Gallidon does not warrant that the functions contained in the materials, content, products or services 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 or free from security breaches. Runes of Gallidon does not warrant or make any representations regarding the use or the results of the use of the materials, Works, Content, products or services, or any commercialization of any Work, including without limitation the Site code, in terms of their correctness, accuracy, reliability, or otherwise.
9. Termination. You agree that Runes of Gallidon, in its sole discretion, may terminate any account (or any part thereof) you may have with us or your access to and use of the Site and remove and discard all or any part of your account or all or part of any Works or Content you submit for any reason whatsoever in Runes of Gallidon's sole discretion. Runes of Gallidon may also in its sole discretion and at any time discontinue providing access to the Runes of Gallidon Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, Content, Works or portion thereof may be effected without prior notice, and you agree that Runes of Gallidon shall not be liable to you or any third party for any such termination.
10. Injunctive Relief; Governing Law and Dispute Resolution.
12. International Matters. Runes of Gallidon is controlled and operated from its United States offices in California. We make no representation that any Works, Content or other 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. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
13. Disclosures. The services hereunder are offered by Brain Candy, LLC, located at P.O. Box 60037, Pasadena, CA 91116. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Our refund policy is described above.
15. Copyright Infringement Policy; Notice of Copyright Infringement Claims.
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
Runes of Gallidon respects the intellectual property of others. If you believe that copyrighted material may have been or is being infringed with respect to any items on the Site, please notify us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent:
Attention: DMCA Policy Agent
Brain Candy, LLC
180 S Lake Ave., Suite 105
Pasadena, CA 91101
Email: via our website (Choose "Copyright and DMCA")
The Notification Form must be fully completed to be effective.
© 2008-2011 Brain Candy, LLC. All rights reserved.
Effective Date: July 21, 2008