Welcome to FeverClan.com. This User Agreement (the "Agreement") describes the terms and conditions on which Fever Clan, owner of FeverClan.com, offers you to be a participant in the Fever Clan Forum in FeverClan.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. IF AFTER READING THESE TERMS AND CONDITIONS, YOU UNDERSTOOD AND ACCEPT THEM, CLICK THE "I AGREE" CHECKBOX AND PRESS THE "PROCEED…" BUTTON BELOW; THEREUPON, YOU WILL BE DEEMED TO HAVE AGREED TO BE BOUND BY THE SAID TERMS AND CONDITIONS AND TO FAITHFULLY COMPLY WITH THE SAME. However, if you have any questions about this Agreement, email Fever Clan at Admin@Feverclan.com. If you would like to cancel the registration, click here to return to the forums index.
1. Registration. Information required upon registration for each participant on FeverClan.com must be accurate and complete. You must update such information as needed in order to ensure that the information remains to be accurate and complete.
2. Use of Member ID and Password. Fever Clan assumes that all activities made using your Member ID and password are authorized by you.
3. Posting of Messages. Upon registration on FeverClan.com, Fever Clan allows you to post a message (including without limitation text, data, photos, graphics, music, sounds and videos) in the Fever Clan Forum in a number of forms, such as your opinion about any of the topics in the Fever Clan Forum and comments to other people's messages. (the "Messages").
4. License. By participating in the Fever Clan Forum, you agree that Fever Clan shall have unlimited and irrevocable rights (including economic, moral and all other rights that may exist in such material) and license to use, display, publish or communicate to the public, permit others (including without limitation Fever Clan's co-brand partners) to publish, the Messages, online and offline, for a fee or otherwise, in whole or in part, throughout the world and in any form, media, or technology now known or later developed without need of any notice, remuneration, compensation, royalties or attribution to you. Nothing herein, however, shall permit Fever Clan to use the name of the user, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his Messages which, because of alterations therein, would substantially tend to injure his literary or artistic reputation; or to use the name of the user with respect to a Message he did not create or post.
5. User Conduct
a. You agree not to provide any Messages to the Fever Clan Forum that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) is knowlingly false, and/or defamatory, inaccurate, abusive, vulgar, hateful, harrassing, obscene, profane, threatening, sexually-oriented, racist, invasive of a person's privacy, or otherwise violative of any law or regulation, (c) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and (d) promotes piracy.
b. As each forum is specifically tailored to address certain topics, you are responsible for initiating new threads in the correct forum. You should stay on-topic at all times. The appropriate content for each forum is described in the titles of each of the Fever Clan Forum sections.
c. You agree not to post the same message in multiple forums without permission from a Fever Clan Administrator. All such requests for permission should be directed through a Personal Message (PM) to a Clan Leader.
d. "Impersonation," or assuming the character of another member by copying his username and manner of writing, is not allowed.
e. "Flaming," or lashing out at other participants is strictly forbidden. Proper etiquette is required for participation in FeverClan.com.
f. "Spamming," or sending unsolicited electronic junk mail or junk newsgroup postings, in any form, is strictly forbidden.
g. "Trolling," or posting insulting or deliberately divisive threads/replies for the purpose of (1) harvesting retaliatory insults and flames, or (2) throwing off the balance of the forum, is also disallowed.
h. You agree not to disrupt the normal flow of dialogue or "flood," cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
i. You agree not to use the Fever Clan Forum to either advertise or promote commercial endeavors, which includes direct posts, as well as, active links to other sites on the Internet, without permission from a Fever Clan Leader. All such requests for permission should be directed through Personal Message (PM) to a Fever Clan Leader. You may, however, include URLs or active links to commercial sites, reasonable in number, only for the sole purpose of expanding on comments or providing additional information as part of regular forum interactions.
j. You agree that you will not incorporate any word in your name, Message ID or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of FeverClan.com or Fever Clan
6. Content Filtering.
a. Fever Clan reserves the right to edit, delete, or prune any and all Messages which, in its sole opinion, violates any of the terms and conditions of this Agreement.
b. Fever Clan may elect, at its sole discretion, to monitor some, all, or no areas of FeverClan.com (including information input in your registration form) for adherence to these terms and conditions or FeverClan.com policies and guidelines. Moderators of Fever Clan control individual forums. Questions about a particular forum should be directed to the respective forum moderator.
c. Any user who feels that a Message is objectionable may request Fever Clan to delete said Message by email through the above-mentioned address. Upon receipt of such a request, Fever Clan will determine, in its sole opinion, if such deletion is necessary. If deemed necessary, Fever Clan will make every effort to do so, within a reasonable period.
d. Fever Clan does not endorse or recommend any of the opinions or ideas contributed by its users. However, Fever Clan permits others to make judgments about your Messages.
e. Fever Clan is not responsible for any and all Messages expressed in the Fever Clan Forum. Fever Clan does not attempt to control or validate any comments or recommendations provided by the participants and is not responsible for any inaccuracies in the Messages. Therefore, you bear the risk associated with, the accuracy, completeness or usefulness of the Messages. All messages express the views of the author, and neither the owners of FeverClan, nor vBulletin Solutions, Inc. (developers of vBulletin) will be held responsible for the content of any message.
f. Information contained in the Fever Clan Forum, including, but not limited to, those relating to law or medicine or computer/tech or other fields, is not intended to substitute for the advice or opinion of your own lawyer or physician or professional adviser. You agree not to rely solely on any of the advise or opinion expressed. Under no circumstances, including but not limited to negligence, shall Fever Clan be liable for any reliance on any such information, nor shall Fever Clan be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or inability to use, the information in FeverClan.com.
7. User Privacy.
a. FeverClan.com collects information during the registration process to operate the site ("Registration Information"). It collects non-personally identifiable information (often referred to as demographic information) such as: country, region or city, gender, birthdate and occupation. You may update your Registration Information any time by clicking the "Settings" link found at the right, upper part of any Fever Clan page.
b. Your Registration Information is used only for demographic statistics or to observe compliance to the Terms of Service of FeverClan.com. Fever Clan keeps all of your Personal Information private and does not share it with any third parties. Fever Clan will not disclose your Personal Information unless acting under 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 Fever Clan; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others.
c. Fever Clan will not send you any unsolicited information, including e-mail, unless you choose otherwise. Fever Clan may also send periodic member letters to announce important service changes, new features, and technical issue updates.
d. If at any time you believe that Fever Clan has not adhered to these principles, please notify us by e-mail at Admin@Feverclan.com and we will use all reasonable efforts to promptly determine and correct the problem. If you have questions about this policy, please e-mail us at Admin@Feverclan.com.
8. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
a. You consent to having your personal data transferred to and processed in the United States.
b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Fever Clan (such as advertising or payments) or operate a Platform application or website.
9. Parental Supervision. Fever Clan encourages parents to monitor their children who are under 18 years of age. While content is moderated to filter objectionable posts, some topics may still not be suitable for children.
10. Age and other requirements. Anyone of any age, race, gender, religion, disability or other distinguishing factors is allowed use of the Fever Clan forums. However, the ability to become a member of the Fever Clan team is limited only to those users who are 15 years old or older and have met the other requirements outlined in the registration thread found here.
11. Limitation of Use. Fever Clan reserves the right to limit the use of Fever Clan Forum to any individual or group at any time.
12. No Warranty.
a. Fever Clan disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Fever Clan Forum.
b. Fever Clan disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of Messages.
c. Fever Clan disclaims any responsibility for any harm resulting from downloading or accessing any information or material through FeverClan.com..
d. The FeverClan.com web site and services are provided "as is," and Fever Clan and its co-brand partners expressly disclaim all warranties or conditions of any kind (whether express, implied or statutory), including without limitation the implied warranties of title, non-infringement, and fitness for a particular purpose. Without limiting the foregoing, Fever Clan does not promise or warrant to you that any aspect of the web site and system will work properly or will be available continuously.
13. No Liability. In no event shall Fever Clan be liable to any party for any loss or damage, including but not limited to lost revenues or profits or special, indirect, incidental or consequential damages (howsoever arising, including negligence) arising out of or in connection with the FeverClan.com website, its services or this Agreement.
14. Access Limits. Without the prior written consent of Fever Clan , you may not (a) use any automated means to access the site or collect any information from the FeverClan.com website (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
15. Services, Fees and Charges. Fever Clan reserves the right to modify the services offered by FeverClan.com from time to time, with or without notice, including the right to terminate such services. Fever Clan reserves the right to charge any fees for use or participation in the Fever Clan Forum. At present, however, Fever Clan does not charge any fees for participation in the Fever Clan forum.
16. Amendments. Fever Clan reserves the right to amend any of the terms and conditions of this Agreement at any time. Such amended terms and conditions shall be effective when posted at the FeverClan.com website.
17. Termination. Fever Clan reserves the right to terminate your use of FeverClan.com. at anytime, with or without notice (This includes, but is not limited to, removal of your User name or banning you from use of FeverClan.com). Following termination, at its sole option, Fever Clan may remove some or all of your Messages from the FeverClan.com website or leave it available for public review, without need of notice or approval from you.
a. If anyone brings a claim against us related to your actions, content or information on Fever Clan, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
b. WE TRY TO KEEP FEVERCLAN UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FEVER CLAN "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FEVERCLAN WILL BE SAFE OR SECURE. FEVERCLAN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FEVERCLAN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, FEVERCLAN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the levels of government in Dallas, Texas USA. Any laws on city or state level will be dealt in accordance with the Dallas city or Texas state law and regulations respectively. Any dealing of Federal law will be handled in accordance to United States of America law. In the event of any dispute arising out of or in connection with this Agreement, the venue shall be the proper courts of Dallas.