Please review the Web Site Terms and Conditions for Middle-earth Network, LLC (“Middle-earth Network”) Web site. These terms and conditions govern all access and use of our Web site. Entering into this or any other Middle-earth Network Web site indicates that you have reviewed the Middle-earth Network Web Site Terms and Conditions and have agreed to be bound by them.
All information provided on Middle-earth Network Web sites is subject to change without notice, including the availability of products and services. While efforts have been made to make Middle-earth Network Web sites helpful and accurate, due to the open nature of sites, and the potential for errors in the storage and transmission of digital information, Middle-earth Network does not warrant the accuracy of information obtained from any Middle-earth Network Web site. ALL MATERIALS POSTED ON THIS SITE, INCLUDING SOFTWARE AVAILABLE FOR DOWNLOAD, ARE PRESENTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Middle-earth Network DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Middle-earth Network DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ACCEPTANCE OF TERMS
Middle-earth Network provides this service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using our websites you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
Middle-earth Network currently provides users with access to a collection of resources, including, various communications tools, personal web pages, forums, blogging facilities, wikis, articles and shopping (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Middle-earth Network to provide the Service. You also understand and agree that the service may include certain communications from Middle-earth Network, such as service announcements, administrative messages and a newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Middle-earth Network assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Should you choose to subscribe to Middle-earth Network, your Middle-earth Network subscription will include all subscription benefits as listed on our website. Middle-earth Network subscription benefits are subject to change without notice. Your subscription and use of service denotes your acceptance of these terms. No other warranties are provided except as provided herein. Your Middle-earth Network subscription fee is automatically renewed via credit card according to PayPal’s terms. Members who wish to cancel their subscription must do so through PayPal.
Effective immediately upon activation of your subscription, you will be charged a monthly fee on the terms provided when you activated your account. The fee will be indicated at the time of joining and will be charged to your credit card/debit card, which was used at the time of joining. Your subscription will remain active as long as the monthly fee is charged to the card for the subscription period you selected upon joining or you notify Middle-earth Network that you are canceling your subscription.
You will continue to receive the benefits of your Middle-earth Network subscription as long as the monthly fee is paid throughout the term of your subscription. You can cancel your subscription at anytime and discontinue your monthly fee by using the subscription cancellation process at PayPal.
ACCESS AND USE OF INFORMATION
Access to any Middle-earth Network Web site is limited to viewing the linked Web pages solely to access the information provided by Middle-earth Network at its Web sites. Any access or attempt to access other areas of the Middle-earth Network computer system or other information contained on the system for any purposes is strictly prohibited. No Middle-earth Network Web site or any portion thereof may be duplicated, copied, reproduced, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by Middle-earth Network.
All content included on this site, such as text, applications, forums, games, graphics, logos, button icons, images, data compilations, information and software is the property of Middle-earth Network and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Middle-earth Network and protected by United States and international copyright laws. The content and information on this site may not be distributed, copied or displayed, reproduced or transmitted, in any form or by any means mechanical, electronic, photocopying, recording or otherwise, unless you have previously obtained permission from an authorized officer of Middle-earth Network.
All of the trademarks used on this site are owned by Middle-earth Network, its affiliates, or third parties (hereinafter “Trademark Owners”). You are prohibited from using any of the trademarks without the prior express written consent of the respective Trademark Owners. From time to time, Middle-earth Network makes fair use in this site of trademarks owned and used by third parties. Any such marks are clearly noted, and Middle-earth Network makes no claim to ownership of those marks.
Any links to third parties are solely provided as a convenience to the users of Middle-earth Network Web sites and are not an endorsement by Middle-earth Network of the content on those sites. Middle-earth Network makes no warranty or representation, express or implied, as to such third party sites, including, but not limited to such sites? Content and/or accuracy, and shall have no liability in connection with the use of such sites. If you use any link site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
INTERSTATE NATURE OF COMMUNICATIONS
You acknowledge that when using this site, you will be causing communications to be sent through Middle-earth Network’s computer networks, portions of which are located in locations throughout the United States and abroad. As a result, and also as a result of Middle-earth Network’s network architecture and business practices and the nature of electronic communications, even communications that appear to be intrastate in nature, can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Web Site Terms and Conditions, you acknowledge that use of the service results in interstate data transmissions.
COMMUNICATIONS WITH Middle-earth Network
Middle-earth Network welcomes your content, remarks, suggestions, ideas, graphics, or other information (hereinafter collectively referred to as “Submissions”) that you submit to Middle-earth Network through the site; however, you acknowledge that by your submission to Middle-earth Network, you have granted to Middle-earth Network an irrevocable license to use such Submission(s) in any manner as Middle-earth Network may deem appropriate, including, but not limited to product or advertising promotions, throughout the universe and Middle-earth Network shall be entitled to an unrestricted license to use such Submission(s) for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
As a user of this site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to Middle-earth Network material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; send material that reveals trade secrets, unless you own them or have permission of the owner to reveal them; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
Middle-earth Network reserves the right to expel users and prevent their further access to this site for violating these terms or the law and reserves the right to remove any communications from this site. The violation of any of the terms or conditions set forth on this Web Site Terms and Conditions page shall result in the immediate revocation of your license to use the site and obligates you to immediately destroy any copies of the site in your possession.
ACCESS TO THE SITE
You may only use our site if you are at least eighteen (18) years of age and can enter into binding contracts. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all use of our site by you and anyone using your password and login information. You may not use our site: to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Web Site Terms and Conditions. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages.
AD-SUPPORTED SITES INACTIVITY PERIODS AND CONTENT REMOVAL
If an ad-supported site has not had any members’ login within 90 days the site will be considered “inactive”.
If an ad-supported site has not had any members’ login within 180 days the site will be considered “abandoned”.
When a site is marked as inactive it’s sub-domain will be changed to a random sub-domain so that the current sub-domain can be released back to other users.
When a site is marked as abandoned it will be queued for deletion. Deletion can occur at any time after the site has been marked as abandoned. Deletion will remove all content and posts. A site that has been queued for deletion cannot be recovered. These actions only apply to Ad-Supported sites or sites which no longer have a subscription and have reverted to an Ad-Supported site. Subscription sites have no inactivity periods.
UPDATES TO TERMS
Middle-earth Network reserves the right to modify or amend its Web Site Terms and Conditions at any time, and from time to time. Any changes to the policy will be posted on the Site. Your continued use of the site implies your express agreement to Middle-earth Network’s Web Site Terms and Conditions.
By using this site, you agree to defend, indemnify and hold Middle-earth Network, its officers, directors, employees and agents, from and against all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Middle-earth Network may become obligated to pay arising or resulting from your use of the site or your breach of this Web Site’s Terms and Conditions. Middle-earth Network reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
GOVERNING LAW; LIMITATIONS
This site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of this site shall be deemed acceptance of the laws of the Commonwealth of Virginia, United States of America. Any legal action with respect to any transaction must be commenced within one (1) year after the cause of action has arisen. The laws of the Commonwealth of Virginia, and not the United Nations Convention on Contracts for the International Sales of Goods, shall apply.
LIMITATION OF LIABILITY
Although Middle-earth Network strives for accuracy in all elements of the site, it may contain inaccuracies or typographical errors. Middle-earth Network makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this site or about the results to be obtained from using the site. You use the site at your own risk.
MIDDLE-EARTH NETWORK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MIDDLE-EARTH NETWORK SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS SITE AND THE SITE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MIDDLE-EARTH NETWORK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH MIDDLE-EARTH NETWORK STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
The transmission of the Web site material shall not be construed to grant a license of any type under any patents, copyrights, trademarks or other intellectual property owned or controlled by Middle-earth Network.
QUESTIONS REGARDING TERMS AND CONDITIONS
Questions regarding Middle-earth Network’s Web Site Terms and Conditions should be directed to firstname.lastname@example.org