Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This site is fully controlled and operated by various Aftermath Zone staff (referred to below as "Aftermath Zone," "AMZ," "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these terms, do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Service at any time without warning. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms of Service posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Service (including the AftermathZone.com Privacy Policy and Rules).
OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All copyrightable elements of the Site (the �Materials�) are the property of Aftermath Zone and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.
Members are not allowed to use the Materials outside of the Site except for personal, noncommercial use without express written consent provided that you include "Copyright 2009-2011 Aftermath Zone. All Rights Reserved. Used With Permission" or "(C) 2009-2011 Aftermath Zone. All Rights Reserved. Used With Permission" on every page containing copyrightable elements. Unauthorized manners of using the Material includes, but is not limited to, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature, products, games, services, or other inappropriate content. Aftermath Zone hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials from this Site, provided that that "Copyright 2009-2011 Aftermath Zone. All Rights Reserved. Used With Permission" or "(C) 2009-2011 Aftermath Zone, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials. You agree not to tamper, modify, or change the Material from Aftermath Zone without Aftermath Zone' s express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and provincial laws.
Aftermath Zone respects the intellectual property of others, and we ask our members to do the same. Aftermath Zone may, in appropriate circumstances and at its discretion, terminate the accounts of members who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aftermath Zone with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner(s) of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email 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 message is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Aftermath Zone can be reached as follows:
Darryl Thompson
314 Madison St.
Winnipeg, Manitoba R3J 1H8
Canada
admin@aftermathzone.com
support@aftermathzone.com
USER SUBMITTED MATERIALS
Aftermath Zone may now or in the future permit submissions in journals, the Online Artist, forums, live chat, shop and character descriptions, etc. by you and other members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Aftermath Zone does not guarantee any confidentiality with respect to any Member Submissions. Additionally, none of these reflect the views of Aftermath Zone.
Member's retain all ownership rights in their member Submissions. By submitting Member Submissions to Aftermath Zone, you hereby grant to Aftermath Zone a non-exclusive, perpetual, irrevocable, assignable, sub-licensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use") your member Submissions within Aftermath Zone in any way, shape, or form we see fit. By submitting member Submissions to Aftermath Zone, you hereby grant to such members of Aftermath Zone a non-exclusive license to Use your member Submissions solely as necessary for such members to participate in the relevant Aftermath Zone functionality or activity. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) are waived.
You are solely responsible for your own Member Submissions and the consequences of posting or publishing them. You affirm, represent and warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless: (1) you own, or have the legal authority to Use and to authorize Aftermath Zone and Aftermath Zone's members to Use your member Submissions as necessary to exercise the license granted by you to enable inclusion and use of the member Submissions in the manner contemplated by Aftermath Zone and these Terms; (2) you will pay all royalties and other amounts owed to any person or entity due to your Use of any member Submissions on Aftermath Zone.
Furthermore, you will also refrain from from uploading, posting, transmitting, etc: (1) creating character names or account member names that would be considered inappropriate under our Terms of Service or Rules; (2) excessive profanity, sexual content, or obscene behavior, or pornography; (3) publishing falsehoods, misrepresentations, personal attacks, anything slanderous or libelous or defamatory, that could damage Aftermath Zone and/or AMZ member and/or AMZ members and/or any third party; (4) from posting links to third party commercial Web sites or downloads for commercial, material or immaterial gain; (5) impersonating another person; (6) soliciting from other members their or anyone else's password or any personal or private information; (7) using, transmitting or encouraging others to use "cheat" or "hack" programs or information or links to sites claiming to have these solicitations of member passwords; (8) other information that Aftermath Zone deems, in its sole discretion, to be inappropriate for this site which includes, but is not limited to, content that is threatening, harmful, hateful, abusive, racially or ethnically offensive, vulgar, unlawful, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable, or encourages conduct that would be considered or criminal offense, give rise to a civil liability, violate any law or is otherwise inappropriate, spamming, flooding, trolling, excessive shouting, repetitive, obnoxious, disruptive, or crude behavior; or (9) engage in any other activity that is prohibited by these Terms.
You understand that when using Aftermath Zone you will be exposed to Member Submissions from a variety of sources, and that Aftermath Zone is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member 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 Aftermath Zone with respect thereto, and agree to indemnify and hold Aftermath Zone, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Aftermath Zone. Aftermath Zone does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Aftermath Zone expressly disclaims any and all liability in connection with Member Submissions. If notified by a member or a content owner of a member Submission that allegedly does not conform to these Terms, Aftermath Zone may investigate the allegation and determine in good faith and in its sole discretion whether to remove the member Submission, which it reserves the right to do at any time. Aftermath Zone has the right, but not the obligation, to edit, delete, modify, or refuse to post any Posting that violates these Terms of Service, as well as revoke the privileges of any member who does not comply with these Terms of Service without warning. Aftermath Zone also reserves the right to contact any third party who may have an interest in preserving the safety of members (such as law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party. Please see the Privacy Policy and Rules. For clarity, Aftermath Zone does not permit copyright infringing activities on Aftermath Zone. We also have the right to revoke a members use of any part of the Site without warning for failure to adhere to the Terms of Service.
Aftermath Zone may be used for noncommercial purposes only. You are not permitted, without our express written approval, to solicit funds, endorsements, promotions, or advertising of any kind or nature. You specifically acknowledge that soliciting other Aftermath Zone' members to join or become members of any commercial online service or other organization or group is expressly prohibited without the express written consent of Aftermath Zone.
You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, anything that is transmitted on to the Site, in whole or in part, in any form, medium, or technology in any way, shape, or form we choose, including but not limited to commercial purposes, editing, and modifying the work in manner we please without your consent.
THE OLD MAN
The Old Man ("TOM") is an interactive part of the Site. Members may submit any one (1) question they wish as long as it complies with the rest of the Terms and TOM will decide whether or not to answer the question. After TOM has answered, or has chosen not to answer, members may view his answer and ask another question. Whenever a member presses the "New Question" the old question will be available in the archives for all members to see. TOM's views and opinions do not reflect those of Aftermath Zone. We do not endorse or condone any statements that he makes.
AFTER DONATION ZONE
Aftermath Zone contains a donation option which allows members to receive a gift from Aftermath Zone in honor for their donation. These are donations, not sales. You will not receive a receipt nor are we a tax-deductible entity. We reserve the right to not give you a refund or exchange for donations. All donations are final.
LIKENESS AND SIMILARITY
This game is an original production and any likeliness this game may have with anything (similar) is purely coincidental. Images, text and source code are products of the staff at Aftermath Zone and are in no way related to any other existing (similar) products.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFTERMATH ZONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. AFTERMATH ZONE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFTERMATH ZONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. AFTERMATH ZONE IS NOT TO BE HELD LIABLE THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFTERMATH ZONE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AFTERMATH ZONE OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL AFTERMATH ZONE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY SITES
We do not endorse, neither implicitly nor explicitly, anything that is linked to a third party. We do not claim that these sites contain anything factual or accurate, nor do we hold any claim over the quality that the sites may produce nor over the appropriateness of the content on the sites. We are not to be held responsible for anything that occurs on or because of the site. Furthermore, we are not to be held liable if anything on third party sites is found to be inappropriate, offensive, inaccurate, does not correctly comply with copyright rules and regulations, contains or promotes anything illegal, indecent, or immoral. We take no responsibility if third party sites cause you any trouble or harm in any way, shape, or form. Third party sites Terms of Service, Privacy Policy, and Rules may differ from Aftermath Zone's and each should be read carefully before using the site.
Although AMZiki was created by us for the members of this Site, it is hosted by Wikia, Inc. and anyone who has an account with Wikia can modify AMZiki. As such, we cannot lay claim to the quality, factualness, accuracy or appropriateness to anything that is located on AMZiki. Thereby, we cannot be held responsible for anything that occurs on AMZiki. Please read Wikia's Terms of Use and Privacy Policy before using AMZiki.
Aftermath Zone will never give or sell e-mail addresses or other personal information supplied by its members to sponsors without permission. Please make sure you review Aftermath Zone Privacy Policy for all details regarding Aftermath Zone use of your personal information.
DENIAL OF ACCESS
We have the right to deny any member of access to the Site with or without any forewarning for any reason. By agreeing to these Terms of Service, you agree to not attempt to access the site after you have been denied access. If you do not cease and desist, you give us the right to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the AftermathZone.com site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aftermath Zone, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. Aftermath Zone reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Aftermath Zone in asserting any available defenses.
MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain AP, stats, or items or anything can may be awarded for donating money through the AMZ Store from any Aftermath Zone game. You agree not to use or aid anyone in the usage of any third party programs designed to change the game play on the site including, but not limited to, programs such as autobuyers, flash game cheats, auto-refreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Aftermath Zone. You further agree not to take advantage of any bugs on the Site and agree to report them to us and if you know anyone who is using a bug for any form of gain.
By using the Site, you agree to use English as your means of communication on the Site and in the Live Chat.
You agree to post in the correct sections in the Forums. You further agree to only post threads meant for only one other specific member to respond to in the Role-Playing or Dating sections. If you wish to speak with one specific member in other situations, use zMail.
You agree to include a clearly visible and working pause and/or stop option for all music and video that you make viewable on AMZ.
Each account is to be used by one and only one person. This means that there are no shared accounts, account sales, or any other reasons for more than one person to have access to the same account. Staff members who are conducting an investigation are excluded from this rule for as long as an investigation is occurring.
Each member may have up to three (3) accounts. One of the accounts is the primary or main account and all of the features on Aftermath Zone may be used by this account. The other two (2) accounts are secondary accounts and may only be used for storage purpose. For example, you can store extra characters on the secondary account or create an additional gallery. However, you may not play games, enter contests, abuse ratings, or use features that have otherwise been disabled or are inaccessible to the primary account.
You agree that the information you provide to Aftermath Zone during registration and, at all other times, will be true, accurate, current and complete.
Aftermath Zone operates and controls the Site from Winnipeg, Manitoba in Canada. Aftermath Zone makes no representation that the Site is appropriate or available in other locations. It is your responsibility to ensure that this site is appropriate in your locale.
If any provision of these Terms of Service is found to be illegal or unenforceable, the Terms of Service will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. We will also enforce the Terms of Service based upon the spirit in which they were written under.
The Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the Province of Manitoba, Canada applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Service or the site shall be filed only in the state or federal courts located in Manitoba, Canada. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. |