Terms of Use

Lawyer-y Stuff We Had to Put Here


Most recent addition: 7/31/2012: Changes to Features added.

Agreement between You and GuildPortal

The GuildPortal web site is made up of various portal sites and web pages operated by GuildPortal, its members, and other third parties. This Terms of Use applies to the GuildPortal web site and does not apply to the content of third parties. The GuildPortal web sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GuildPortal web sites and services constitutes your agreement to all such terms, conditions and notices.

Privacy and Protection of Information

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

Modification of these Terms of Use

GuildPortal reserves the right to change the terms, conditions, and notices under which the GuildPortal sites/services are offered, including but not limited to the charges associated with the use of the GuildPortal sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the site. Your continued use of the GuildPortal sites/services constitutes your agreement to all such terms, conditions, and notices.

Links to Third-Party Sites

The GuildPortal sites/services may contain links to third party web sites ("linked sites"). The linked sites are not under the control of GuildPortal and GuildPortal is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. GuildPortal is not responsible for webcasting or any other form of transmission received from any linked site nor is GuildPortal responsible if the linked site is not working appropriately. GuildPortal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GuildPortal of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within the GuildPortal sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealins or promotions, are solely between you and the advertiser or other third party. GuildPortal shall not be responsible or liable for any part of any such dealings or promotions.

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No Unlawful or Prohibited Use

As a condition of your use of the GuildPortal sites/services, you will not use the GuildPortal sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GuildPortal sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GuildPortal sites/services in any manner that could damage, disable, overburden, or impair any GuildPortal sites/services or interfere with any other party's use and enjoyment of any GuildPortal sites/services. You may not attempt to gain unauthorized access to any GuildPortal site/service, other accounts, computer systems or networks connected to any GuildPortal site/service, 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 GuildPortal sites/services.

No public-facing pornographic content. If your guild site contains mature content, we ask that you keep it from the public eye (ie, in a members' only forum, etc.).

You may not represent yourself as an agent, associate or representative of the sites/services to any party, internal or external. This includes, but is not limited to, for the purpose of reselling the sites/services to others.

You may not park group names, when associated with a category and region that belongs to another group or groups elsewhere, such as in a game for a specific server, for any purpose including impairing use of the services or to offer for sale the services.

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Use of Services

The GuildPortal sites/services may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, file storage and/or other message or communication facilities designed to enable you to communicate with other (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the communication service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a real-life race, religion or nation, or that insults the victims of crimes against humanity by contesting the existince of those crimes. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Use any material or information, including images or photographs, which is made available through the GuildPortal sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Use of meta tag searches on the web sites. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Download any file posted by another user of a Communcation Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a GuildPortal site/service or other user or usage information or any portion thereof. GuildPortal has no obligation to monitor the Communication Services. However, GuildPortal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GuildPortal reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason (and without providing a reason) whatsoever. GuildPortal reserves the right at all times to disclose any information as GuildPortal deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any infromation or materials, in whole or in part, in GuildPortal's sole discretion.

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Changes to Features and Functionality

GuildPortal reserves the right, at any time, to add to, modify, or remove specific functionality of the service. In the case of additions and enhancements, GuildPortal reserves the right to decide whether the potential benefits of a particular piece of functionality justify the decision to provide no way to disable it, especially in cases where providing the ability for an admin to disable it would, at GuildPortal's sole discretion, "cripple" the functionality of the software in any way.

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Free and Paid Services

You agree that voluntary subscription to the service is in exchange for the removal of advertisements and content limits only, and does not constitute priority escalation for problem reports. Further, you agree that you understand you are not paying for any functionality related to any content that integrates, directly or indirectly, with either a game or remote web site, such as, but not limited to, any add-ons developed by GuildPortal.com or its members, and transformed data fetched from remote sources.

You agree that any transformation of data fetched from any source is provided as a convenience by GuildPortal.com, and is neither charged for, nor enhanced by, subscription to the service.

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Liability Disclaimer The hard-to-read part

GUILDPORTAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE GUILDPORTAL SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GUILDPORTAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT GUILDPORTAL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE GUILDPORTAL SITE/SERVICE. YOU SPECIFICALLY AGREE THAT GUILDPORTAL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT GUILDPORTAL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A GUILDPORTAL SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL GUILDPORTAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GUILDPORTAL SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE GUILDPORTAL SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE GUILDPORTAL SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE GUILDPORTAL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUILDPORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GUILDPORTAL SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GUILDPORTAL SITES/SERVICES.

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Storage Space and Other Limitations

You agree that GuildPortal may establish limits concerning the use of any GuildPortal service offered on a GuildPortal site, including without limitation the maximum number of days that forums messages will be retained by any GuildPortal service, the maximum number of forum threads that may be active for any given forum, the maximum number, durability, or size of any information stored for a given period of time. You agree that GuildPortal has no responsibility for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any GuildPortal service. You acknowledge that GuildPortal reserves the right to log off accounts that are inactive for an extended period of time. GuildPortal MAKES NO WARRANTY THAT ANY GUIlDPORTAL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

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Termination and Access Restriction

GuildPortal reserves the right, in its sole discretion, to terminate your access to any or all GuildPortal sites/services and the related services or any portion thereof at any time, without notice. GuildPortal may also terminate or suspend your access to GuildPortal sites/services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by GuildPortal. The amount of time that GuildPortal currently considers as an "extended" period of time may be determined by writing support@guildportal.com and requesting that information. Upon termination of the GuildPortal sites/services, your right to use the GuildPortal sites/services immediately ceases. GuildPortal shall have no obligation to maintain any content or to forward any unread or unsent messages to your or any third party.

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General

This agreement is governed by the laws of the State of Colorado, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Douglas County, Colorado, USA in all disputes arising out of or relating to the use of the GuildPortal sites/services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GuildPortal as a result of this agreement or use of the GuildPortal sites/services. You agree to indemnify and hold GuildPortal, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the GuildPortal sites/services. GuildPortal reserves the right to disclose any personal information about your or your use of the GuildPortal sites/services, including its contents, without your prior permission if GuildPortal has a good faith belief that such action is necessary to:

  1. conform to legal requirements or comply with legal process
  2. protect and defend the rights or property of GuildPortal
  3. enforce the terms of use
  4. act to protect the interests of its members or others

GuildPortal's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GuildPortal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GuildPortal sites/services or information provided to or gathered by GuildPortal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GuildPortal with respect to the GuildPortal sites/services and it supersedes all prior or contemporaneous communcations and proposals, whether electronic, oral or written, between the user and GuildPortal with respect to the GuildPortal sites/services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

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Subscriptions

Some contents and/or services on GuildPortal may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content or services, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content or services by doing so on the PayPal web site, located at www.paypal.com. If you have purchased an automatically renewing subscription, you will not be charged the subscription fees thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

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