The following Terms and Conditions apply to and govern your use of the Site and any services offered through the Site, including forums, personal profile pages, article commenting, blogs, RSS newsletters and eCommerce, among other offerings.
As between you and the Site, Broken Frontier is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, as well as the copyright owner or licensee of the content and/or information on the Site, including without limitation all text and articles contained therein (collectively, the “Site Material”), unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may download one (1) copy of Site Material for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Site Material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
Broken Frontier does not support or endorse any information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively, "Communication") posted on or through the site by you or any other user. You acknowledge and agree that the views you express on the Site are yours and your alone and do not necessarily reflect the views of Broken Frontier.
Any information or material that you submit and/or add to the Site Material or otherwise make available on the Site will be deemed not to be confidential, proprietary or secret. You agree to provide us with accurate information in connection with any registration you make on the Site and to take responsibility for the information you provide.
To use certain features of the Site, you may need a username and password. You have the liberty to choose and use your own username and password, unless an identical username is already in use by another user. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of your password and account or any other breach of security, and to ensure that you exit from your account at the end of each session. Broken Frontier cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You acknowledge and agree that any Communication and/or addition to the Site Material you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication and/or addition to the Site Material. Broken Frontier reserves the right to periodically purge Site Material, for any reason or no reason. You agree that Broken Frontier has the right, but not the obligation, to monitor Communication and/or additions to the Site Material made by you or others at any time for any reason and in its sole discretion to assure compliance with these Terms and Conditions. Broken Frontier reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Broken Frontier's sole discretion, such Communication and/or addition to the Site Material is in violation of these Terms and Conditions or otherwise objectionable.
By using the Site, you agree that your Communication and/or addition to the Site Material is original to you and that no other party has any rights to the material; does not contain a virus or other harmful component; and does not contain, unless the specific service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
By using the Site, you agree that you will not use the Site to:
Post, email, upload or otherwise transmit any Communication and/or addition to the Site Material that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, socioeconomic status or disability; or that infringes any patent, trademark, trade secret, copyright or other rights of any party.
Post, email, upload or otherwise transmit under any circumstances "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas which may be designated for such purpose.
Post, email, upload or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to the Site Material or hours of availability. You acknowledge and agree that we are not be liable to you or any third party in when exercising our right to modify or terminate access to the Site or any portions of the Site.
Broken Frontier has the right to change these Terms and Conditions from at any time without notice to you, by posting such changes on the Site. Changes in our Terms and Conditions go into effect when posted. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Broken Frontier may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROKEN FRONTIER DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BROKEN FRONTIER MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, BROKEN FRONTIER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL BROKEN FRONTIER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF BROKEN FRONTIER OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL BROKEN FRONTIER BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF BROKEN FRONTIER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO BROKEN FRONTIER FOR YOUR ACCESS TO OR USE OF THE SITE.
You agree to defend, indemnify and hold harmless Broken Frontier, its directors, officers, employees, agents and affiliates from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with Broken Frontier of such sites or the content, products, advertising or other materials presented on such sites. Broken Frontier does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Broken Frontier is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Broken Frontier respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent:
Your address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.