PokéCommunity Services Agreement

The Services Agreement governs your use of PokéCommunity.

The providers ("we", "us", "our") of the service provided by this web site ("Service") are not responsible for any user-generated content and accounts. Content submitted express the views of their author only.

Your use of our site tells us you have read and agreed to our Services Agreement (this document) and our Privacy Policy. The PokéCommunity reserves the right to deny access to the site to any person who violates this agreement.

1: Copyright

All information, content, services and software displayed on, transmitted through, or used in connection with The PokéCommunity, with the exception of User Content as defined below, belong to The PokéCommunity and/or the original copyright holder as applicable.

2: Registration

Registration is not required to view certain Content. However, you are required to register if you wish to post a comment or upload a video, or view certain other Content. You must be aged 13 years or older to register on our community. If you become a Registered Member of The PokéCommunity, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of The PokéCommunity if individuals from more than one household access The PokéCommunity using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access The PokéCommunity using your name in whole or in part without our permission. If you believe someone has accessed The PokéCommunity using your Registration Account and password without your authorization, please contact us immediately.

3: Use of Information by The PokéCommunity

You acknowledge, consent and agree that The PokéCommunity may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Services Agreement; (3) to render service you request; (4) to protect the rights or property of The PokéCommunity and their third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others. Full is located at Privacy Policy.

4: User Content Representations and Warranties

By placing material on The PokéCommunity, including but not limited to posting content or communications to any The PokéCommunity bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Services Agreement; and, (2) the User Content will not cause injury to any person or entity. Using a username other than your own username in association with the submission of User Content is prohibited (except in those specific areas of The PokéCommunity that specifically ask for unique, fictitious names, if any).

5: User Content Screening and Removal

You acknowledge that The PokéCommunity and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates the Services Agreement or is otherwise objectionable. User Content Assumption of Risk. While The PokéCommunity is moderated, PC cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All user content provided to The PokéCommunity is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using The PokéCommunity forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.

6: User Content Posting Rules

Any decisions as to whether User Content violates any Posting Rule will be made by the The PokéCommunity staff in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:

• If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
  
• Do not provide User Content that:
  • contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
  • contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
  • violates any right of The PokéCommunity or any third party.
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
  • interferes with any third party's uninterrupted use of The PokéCommunity.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uses or attempt to use another's Registration Account, password, service or system except as expressly permitted by the Services Agreement.
  • uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
  • disrupts, interferes with, or otherwise harms or violates the security of The PokéCommunity, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through The PokéCommunity or affiliated or linked sites.
  • "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

7: User Content License

For all User Content you post, upload, or otherwise make available ("Provide") to The PokéCommunity, you grant The PokéCommunity (PC, TPC, and/or the PokeCommunity™), its affiliates and related entities, including The PokéCommunity and its affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, revocable, non-exclusive right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, archive, and store said User Content, subject to user approval. Users may "opt-out" by requesting their User Content be removed or deleted from the Community and/or its archives.

8: Unsolicited Material and Ideas

The PokéCommunity is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to The PokéCommunity. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against The PokéCommunity and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.

9: Transactions and E-Commerce, including Donations

During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a supporter subscription, an online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The PokéCommunity cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.

10: Donations

are voluntary monetary contributions you make to help support The PokéCommunity pay for server access, bandwidth, administrative maintenance, and related items. All donators will be acknowledged in the donation thread and may earn added 'perks'. These perks, once given, are for the lifetime of your account and can not be transferred to any other user and are subject to change with or without notice. Due the very nature of donations, there are no refunds on donations and The PokéCommunity does not guarantee that you will gain anything from donating. By donating, you agree to these terms.

11: Errors in Advertisements

On occasion, a product, web page, or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree The PokéCommunity is not responsible for such errors or discrepancies.

12: Communications with Third Parties Through The PokéCommunity

Your dealings or communications through The PokéCommunity with any party other than The PokéCommunity are solely between you and that third party. For example, certain areas of The PokéCommunity may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party advertisers, partners, and vendors. Under no circumstances will The PokéCommunity be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

During your visit to The PokéCommunity you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because The PokéCommunity has no control over third party sites and resources, you acknowledge and agree that The PokéCommunity is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.

13: Notice of Intellectual Property Infringement

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of The PokéCommunity, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on The PokéCommunity, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The PokéCommunity's copyright agent can be reached via email: [email protected]

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT POKECOMMUNITY.COM'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to The PokéCommunity's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. an electronic or physical signature of the registered user;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which The PokéCommunity may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

14: General Disclaimer and Limitation of Liability

While The PokéCommunity uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The PokéCommunity does not represent or warrant that use of any Content will not infringe rights of third parties. The PokéCommunity has no responsibility for actions of third parties or for content provided by others, including User Content.

USE OF POKECOMMUNITY.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER POKECOMMUNITY.COM, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING POKECOMMUNITY.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH POKECOMMUNITY.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF POKECOMMUNITY.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES POKECOMMUNITY.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. POKECOMMUNITY.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. POKECOMMUNITY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. POKECOMMUNITY.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE POKECOMMUNITY.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL POKECOMMUNITY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POKECOMMUNITY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $1.00.

15: Indemnity

You agree to indemnify, defend and hold harmless The PokéCommunity, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of The PokéCommunity; (2) The PokéCommunity's use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.

16: International Users

The PokéCommunity is controlled, operated and administered by The PokéCommunity from its offices within the United States. The PokéCommunity makes no representation that materials or Content available through The PokéCommunity are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use The PokéCommunity or export the Content in violation of U.S. export laws and regulations. If you access The PokéCommunity from a location outside the United States, you are responsible for compliance with all applicable laws.

17: Modifying these Terms

The PokéCommunity reserves the right to change the Services Agreement at any time in its discretion and to notify users of any such changes solely by changing the Services Agreement. Your continued use of The PokéCommunity after the posting of any amended Services Agreement shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time the Services Agreement were posted will be governed according to the Services Agreement that applied at the time of your use.

18: Discontinuation of Service

The PokéCommunity may modify, suspend, discontinue or restrict the use of any portion of The PokéCommunity, including the availability of any portion of the Content at any time, without notice or liability. The PokéCommunity may deny access to any Registered Member or other user at any time for any reason. In addition, The PokéCommunity may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires The PokéCommunity or any of their assets.

19: Choice of Law

The Services Agreement will be governed by and construed in accordance with the laws of the State of California, USA without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to The PokéCommunity must be filed in a federal or state court located in the proper jurisdiction in California, USA.

20: Statute of Limitations

You agree to file any claim regarding any aspect of this site or the Services Agreement within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

21: No Class Actions

You agree no claim subject to the Services Agreement may be brought as a class action.

22: Severability

If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.

23: No Waiver

Any failure of The PokéCommunity to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

24: Section Titles

The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

25: Termination

In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to The PokéCommunity, and all other provisions for which survival is equitable or appropriate.