ArmchairGM Wiki:Warranties and Disclaimers

Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the ArmchairGM.com domain name, the "ArmchairGM Website", “ArmchairGM,” or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ARMCHAIRGM'S PRIVACY POLICY, WHICH ARE PUBLISHED HERE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the ArmchairGM Website.

YOU AUTOMATICALLY AGREE TO THE LICENSE AND COPYRIGHT RESTRICTIONS BY VIRTUE OF CLICKING ON THE SAVE BUTTON ON THE EDIT PAGE AND/OR BY CLICKING THE CREATE NEWS OR CREATE OPINION BUTTONS ON THE CREATE NEWS OR CREATE OPINION PAGE

ArmchairGM Website
These Terms of Service apply to all users of the ArmchairGM Website, including users who are also contributors of content, information and other materials or services on the Website. The ArmchairGM Website may contain links to third party websites that are not owned or controlled by ArmchairGM. ArmchairGM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ArmchairGM will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ArmchairGM from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ArmchairGM Website, and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access
ArmchairGM hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or any part of the Website in any medium without ArmchairGM's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ArmchairGM immediately of any breach of security or unauthorized use of your account. Although ArmchairGM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ArmchairGM or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation "robots," "spiders," "offline readers," etc. that accesses the Website in a manner that sends more request messages to the ArmchairGM servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ArmchairGM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ArmchairGM reserves the right to revoke these exceptions either generally or in specific cases.

Intellectual Property Rights
The content on the ArmchairGM Website, including without limitation the text, software, scripts and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ArmchairGM, subject to copyright and other intellectual property rights under United States and foreign laws, and international conventions. Content on the Website is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for COMMERCIAL PURPOSES without the prior written consent of the respective owners.

Except where otherwise noted and in regard to the ArmchairGM logo, ArmchairGM is licensed under the Creative Commons Attribution-NonCommercial 2.5 License



By editing or posting to ArmchairGM, you agree that your contributions will be licensed under a Creative Commons Attribution-NonCommercial 2.5 License License, and you agree to waive attribution for your contributions with the understanding that copyrighted material made available from ArmchairGM will be attributed to ArmchairGM. If using content on ArmchairGM for NON-COMMERICAL PURPOSES please link back to this site http://www.ArmchairGM.com/ when giving attribution.

The license for content in the ArmchairGM is the Creative Commons Attribution-NonCommercial 2.5 License. Further details about this license can be found here

ArmchairGM reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ArmchairGM Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ArmchairGM Website or the Content therein.

User Submissions
The ArmchairGM Website permits the editing and posting of scripts by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ArmchairGM does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize ArmchairGM to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, by submitting User Submissions to ArmchairGM, you hereby grant ArmchairGM a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the ArmchairGM Website and ArmchairGM's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ArmchairGM Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ArmchairGM Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

In connection with User Submissions, you further agree that you will not: ArmchairGM does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and ArmchairGM expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, ArmchairGM may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity, ArmchairGM does not permit copyright infringing activities on its Website, and reserves the right to terminate access to the Website, and remove all Content submitted, by any persons who are found to be repeat infringers.
 * submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ArmchairGM all of the license rights granted herein
 * publish falsehoods or misrepresentations that could damage ArmchairGM or any third party;
 * submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
 * post advertisements or solicitations of business:
 * impersonate another person.

In particular, if you are a copyright owner or an agent thereof, and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") contacting us with the following information in writing:
 * the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
 * identification of the copyrighted work(s) that you claim has been infringed;
 * identification of the specific User Submission(s) alleged to be infringing, including information reasonably sufficient to permit ArmchairGM to identify and locate the material on the ArmchairGM Website;
 * information reasonably sufficient to permit ArmchairGM to contact you, such as your name, address, telephone number, and email address;
 * 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; and
 * a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

For clarity, only DMCA notices should go to the [mailto:aaron@ArmchairGM.com Copyright Agent]; You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

You understand that when using the ArmchairGM Website you will be exposed to User Submissions from a variety of sources, and that ArmchairGM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ArmchairGM with respect thereto, and agree to indemnify and hold ArmchairGM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

ArmchairGM permits you to link to Your own User Submissions hosted on the website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other web sites, are provided to You only on an AS-AVAILABLE basis, and ArmchairGM does not guarantee that their availability will be uninterrupted or bug free. ArmchairGM reserves the right to discontinue any aspect to the ArmchairGM Website at any time, including discontinue any linked or embedded Content either generally or in specific cases.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ARMCHAIRGM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARMCHAIRGM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ARMCHAIRGM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ARMCHAIRGM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ARMCHAIRGM WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARMCHAIRGM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
IN NO EVENT SHALL ARMCHAIRGM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ARMCHAIRGM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by ArmchairGM from its facilities in the United States of America. ArmchairGM makes no representations that the ArmchairGM Website is appropriate or available for use in other locations. Those who access or use the ArmchairGM Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity
You agree to defend, indemnify and hold harmless ArmchairGM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ArmchairGM Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the ArmchairGM Website.

Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or, an emancipated minor or, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ArmchairGM Website is not intended for children under 13.

General
You agree that: (i) the ArmchairGM Website shall be deemed solely based in New York; and (ii) the ArmchairGM Website shall be deemed a passive website that does not give rise to personal jurisdiction over ArmchairGM, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ArmchairGM that arises in whole or in part from the ArmchairGM Website shall be decided exclusively by a court of competent jurisdiction located in New York, NY. This Agreement and any other legal notices published by ArmchairGM on the Website, shall constitute the entire agreement between you and ArmchairGM concerning the ArmchairGM Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ArmchairGM's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. ArmchairGM reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the ArmchairGM Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms