Terms and Conditions of Service

Preamble

The following Terms and Conditions of Service ("TACOS") govern all use of the LuzFaltex.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the TACOS contained herein and all other operating rules, policies (including, without limitation, LuzFaltex Privacy Policy, and LuzFaltex Security Vulnerability Reporting Policy) and procedures that may be published from time to time on this Site by LuzFaltex (collectively, the "Agreements"). The Agreements comprise the entire agreement between you and us relating to Content and your use of the Website and Server and your use of the Lore Submission Features and supersedes any prior or inconsistent agreements. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Links to all of these documents will be available at the bottom of all pages on the Website.


Please read these Agreements carefully before accessing or using the Website. By accessing or using any part of the web site and/or uploading or attempting to upload any Content (as defined in "Definitions"), you agree to become bound by the Agreements hereafter perpetually and indefinitely, regardless of whether you continue to remain a registered user or not, unless and until terminated, in whole or in part, by LuzFaltex on notice to you. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these TACOS are considered an offer by LuzFaltex, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old, or if younger than 13, with the appropriate permission and consents from your parent or legal guardian.

We may change these TACOS or make new TACOS at any time. Although we will attempt to notify you through reasonable means when the TACOS change, we are under no obligation to do so.
The newest TACOS will always be available at Terms and Conditions of Service. A history of all of the changes made to these TACOS will be available below.

Definitions

The term "Content" means and refers to any and all content, media, and materials you submit to the Website, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio, or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.


The term "Moderator" means and refers to any member of LuzFaltex staff of Appropriate Rank (Moderator or Administrator), or an appointed agent thereof, who is responsible for enforcing these Agreements.

Content might contain adult language, descriptions of graphic violence, implied sexual situations, and content inappropriate for minors. On occasion, content that violates these TACOS such as (but not limited to) sexually explicit descriptions and inflammatory comments or bullying behavior may also be found. LuzFaltex makes no guarantee that any Content is appropriate for any audience, and while we will do our best to enforce the rules and guidelines set out in these TACOS, it may take us a reasonable amount of time to identify and hide, delete, or disable access to Content that violates the TACOS. Content does not reflect the views of LuzFaltex, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content, nor does LuzFaltex endorse or support any opinions expressed in any Content. In no event shall LuzFaltex have or be construed to have any responsibility or liability for, or in connection with, any Content. See the User Content Standards section below for more information.


Disciplinary Action may refer to:

  • restriction of access ("banishment," "banning," "ban") to the Server, Website, or both, either on a permanent or temporary basis.
  • "Kicking" refers to the abortion of the active connection of the user to the Server without restricting access.
  • "Muting" refers to the denial of a user's request to post comments on a temporary basis.
  • Verbal (or text-based) warnings

The severity of Disciplinary Action shall be determined by the Moderator reviewing the case and shall be based on the severity of the action and previous infractions

User Conduct Clause

  1. Discrimination, OOC racism, bullying, and harassment are strictly prohibited and may be met with Disciplinary Action.
  2. You agree not to use all-caps, except when appropriate (e.g. a title) and not to participate in "spam" activities. Spam may be reasonably defined as any posted content that contributes negatively towards the discussion, including but not limited to repetitive posting of the same content, linking to malicious sites, or posting comments that nag or belittle other members.
  3. Do not post using "LEET Speak," otherwise known as "1337 Speak," and refrain from using "text speak." "LEET Speak" is defined as a writing style which uses numerical characters in place of letters in order to obfuscate text. "Text speak" is using single letters to represent words, including but not limited to "U," "K," and "Y." Kicks, mutes, and bans will be used as seen fit by the Moderator.
  4. Use the appropriate channels for requesting help from staff. There is a support portal here: Support. This section is for requesting help directly from staff, contacting the site administrator, or for other official inquiries. Questions and requests for support where other members may be able to assist may be posted in the Community Support child board. Posts in this board are public and may be seen and replied to by anyone.
  5. Bug reporting, when security-related, should be reported as defined in the LuzFaltex Security Vulnerability Reporting Policy. Bugs that are not security sensitive may be reported through the support board or through the steps defined above. Please do not private message Moderators on the forum about bugs. If a bug is found on the server, you may message a Moderator for immediate assistance, though they may request you report the bug on the forums through the appropriate channels.
  6. Creating or using alternate accounts to avoid a previous ban will result in banishment.
  7. After six months of inactivity, which means that a user has not logged into the Website in the last six months, the inactive account may be deactivated or removed at the sole discretion of LuzFaltex.
  8. Players must not incite drama storms. If you are reporting a problem or player, you are to report it to staff with proof and you are not to make it public. Any Content intended to elicit negative behavior will be handled as a Moderator sees fit.
  9. While roleplay on the forum is allowed in the appropriate board, inappropriate roleplay is not allowed and will result Disciplinary Action.
  • Sexually-explicit roleplay is strictly prohibited. Implied sexual situations, hugging, and kissing will be allowed.
  • Torture is also prohibited on both the Website and Server.
  • Drug use, including tobacco, marijuana, herbal remedies, and medical drugs given, consumed, injected, or otherwise used in roleplay are allowed. Other drugs may be allowed in certain conditions.

Do not impersonate members of staff. Attempts to do so will result in Disciplinary Action. For a full list of staff, please see the Staff page available in the navigation bar.You agree that you will not share the login information to any LuzFaltex-owned product (herein "account"). You will be held accountable for any actions using your account, account name, or your likeness, regardless of who was using it and regardless of authorization. LuzFaltex recommends, but does not require, that you secure your workstation with a secure password to prevent unauthorized access.You agree that in the event of the loss of control of any account with access to any LuzFaltex-owned product that you inform members of staff immediately through the Support portal. In the event that the support portal is not available, you are to use any available means to inform staff of this breach, including but not limited to Skype, Discord, email, or any other available and known means of communication, provided that it is electronic and may be reasonably expected to be received in a timely manner.

User Content Standards

You are solely responsible and liable for your communications and Content (and the consequences thereof) made under your name, user name, email address, password, and your registration and profile information, if any. Content does not reflect the views of LuzFaltex, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content, or endorse or support any opinions expressed in any Content. In no event shall LuzFaltex have or be construed to have any responsibility or liability for or in connection with any Content. If we determine, in our sole discretion, you or any Content you submit violates these TACOS, we reserve the right, at any time, without notice and without limiting any of the other rights we may have under these agreements, at law or in equity, to:

  • refuse to allow you to submit further Content;
  • remove and delete your Content;
  • revoke your registration and right to use the Website and Server; and
  • use any technological, legal, operational, or other means available to enforce the terms of these TACOS, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your username, and password.

We make no claim that any Content is appropriate for any particular purpose or audience. Our Website and Server may be accessed, used, or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any Content to countries or persons prohibited under the export laws and regulations.

You agree you will not submit, or attempt to submit, and we have the right to reject, refuse to accept, remove, or otherwise handle as LuzFaltex deems appropriate, any "Unauthorized Content" which is defined as any Content that is or could be construed as violating any of these TACOS, including, without limitation:

  • Infringing on a third party's copyright or other intellectual property rights;
  • causing harm, harassing anyone, or which may prevent, prohibit, inhibit, restrict, or otherwise impair others from using or enjoying the Website;
  • unauthorized access to the Website or information of other users, except as defined in the LuzFaltex Security Vulnerability Reporting Policy. the modification, impairment, disruption, alteration, or interference with the use, features, functions, operations, or maintenance of the Website or the Server; or
  • any requirements, rules, terms or conditions that may be applicable to the Website LuzFaltex does not control any Content submitted, and reserves the right to review any submitted Content and to delete, remove, move, edit, or reject any Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of these TACOS, or to be unacceptable to LuzFaltex, for any reason or for no reason whatsoever; provided, however, that LuzFaltex shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If LuzFaltex receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and take-down requirements under U.S. Copyright law (see Copyright Infringement section below), we may remove Content associated with such claim. LuzFaltex reserves the right to provide information to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Website, or to comply with legal, regulatory, audit, and compliance obligations.

Ownership

Except for the licenses, authorizations, consents, and rights granted hereunder and described in these TACOS, as comprehensive and broad as they may seem or actually be, LuzFaltex acquires no title or ownership rights in or to any Content you submit and nothing in these TACOS conveys to us any ownership rights in your Content. LuzFaltex is acting only as a host, bulletin board, or conduit for submitted Content, with which all of the specific rights granted by you hereunder. Although by your submission of any Content you are requesting and directing us to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the Content on the Website and Server), we have no obligation to do any of these things. You must own the rights to the Content you submit or the right to grant all of the authorizations, permissions, approvals, consents, rights, and licenses as described in these TACOS. If you do not exclusively own all of these rights, you must have the necessary authorizations, permissions, approvals, consents, rights, and licenses from the owner(s) to enter into these TACOS and perform and comply with all of its obligations.


In connection with all Content you submit on the Website and Server, you grant LuzFaltex the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium, and with any technology or devices now known or hereafter developed or discovered, in whole or part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Content on the Website or Server (regardless of the Device through which the Website or Server may be accessed) and any other channels, services, or other distribution platforms, whether currently existing or developed in the future, of LuzFaltex, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, informing, credit or other obligation to you, and the right to license, sublicense, and authorize others to exercise any of the rights granted hereunder to LuzFaltex, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to LuzFaltex, these rights include, without limitation, the right to distribute and synchronize all or any portion of your Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Content; to encrypt, encode and decode, and compress and decompress all or any portion of your Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Content; and to excerpt and/or extract portions of your Content in order to host, store, index, categorize and display your Content on or through the Platforms.

Notwithstanding the foregoing TACOS, you acknowledge and agree that LuzFaltex shall not be required or have any obligation to host, index, display, accept, or use any submitted Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and LuzFaltex may, in its sole discretion, remove or refused to host, index, display, accept, use, or do anything at all with respect to any Content. Once you submit or attempt to submit Content, or access the Website, you have no right to prohibit, restrict, revoke, or terminate any of the rights granted to LuzFaltex. You are not entitled to and you will not receive any compensation for your submission.

You hereby release LuzFaltex of any and all claims of any rights, encumbrances, liens, claims, demands, actions, or suits which you may or can have in connection with your Content, including, without limitation, any and all liability for any use or non-use of your Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss.

Copyright

If you are a copyright owner or agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of the owner or person authorize to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit LuzFaltex to locate the material;
  • Information reasonably sufficient to permit LuzFaltex to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

You may direct copyright infringement notifications to our DMCA Agent at email: copyright(at)luzfaltex(dot)com.


For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to a Moderator. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Upon receipt of a copyright infringement notification, LuzFaltex will inform the user who submitted the Content identified within the notification and remove or disable access to the allegedly infringed Content. For avoidance of doubt, the user who submitted the Content assumes all responsibility for any alleged infringement (see the "Ownership" in the Terms and Conditions of Service). If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the user content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Kansas City, Kansas, and a statement that you will accept service of process from the person who provided the notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, LuzFaltex may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LuzFaltex's sole discretion.

Final Clause

You represent, warrant, and covenant to LuzFaltex, and by using the Website and server and/or submitting Content, you reaffirm each such representation, warranty and covenant, that:

  • You are not a minor and you have the legal right and capability to enter into these TACOS and perform and comply with all of its terms and conditions, or if you are a minor, your parent or legal guardian has agreed to these TACOS on your behalf;
  • All of the information provided by you associated with your Content is correct, complete, and current;
  • Your submission of any Content does not violate these TACOS, any rights of any other party, any of your obligations, any law or regulations, or infringes upon or misappropriates any intellectual property, privacy, publicity, or other rights of any party; and
  • You hold and will continue to hold all of the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these TACOS as described.

Upon the request of LuzFaltex, you will furnish LuzFaltex any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the TACOS, including, without limitation, the foregoing representations, warranties, and covenants. You represent and warrant that the submission of your Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that LuzFaltex is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that LuzFaltex shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the Content. You acknowledge that other persons may have submitted Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree that you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority, or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video, or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Content you or anyone else submits, that is purely coincidental and unavoidable.

Disclaimer and Limitation of Liability

THE WEBSITE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THESE TACOS, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE. LUZFALTEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS, AND/OR SECURITY OF THE SITE, SERVER, OR LORE SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS, AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR SERVER WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.THE WEBSITE AND SERVER ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE THAT IS NOT PROHIBITED BY LAW OR REGULATION. LUZFALTEX DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THESE TACOS OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OUR COUNTRY. LUZFALTEX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OF THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

These TACOS are effective immediately and are very tasty

Changelog:


Date Action
August 03, 2017
Initial Post