User Account. In order to access certain features on Trophy Room, you must create a user account (a "User Account"). If you choose to create such a User Account, you are responsible for keeping your password a secret and ensuring that others do not learn your identity through your use of Trophy Room. We are not responsible for your use of Trophy Room, and by using Trophy Room, you take full responsibility for your actions relating to your use of Trophy Room. You agree to notify us immediately if you suspect or learn of any unauthorized use of your User Account. You also agree that you will not use another person's User Account or attempt to impersonate another user of Trophy Room (a "User") or any other third party.
(1) You will not modify any portion of Trophy Room or its related technologies. You will not disable, circumvent, or interfere with the security features Trophy Room provides, or the features that limit copying or use of Content on Trophy Room
(2) You will not use Trophy Room or the Content on Trophy Room for any commercial purpose (including any purpose relating to advertising) unless you have prior, written permission from Trophy Room.
(3) You will not access Trophy Room through the use of an automated system, including, but not limited to, robots, spiders, data mining, or similar methods; provided, however, that commercial search engines may use such technology solely in connection with the creation of publicly available search indexes.
(4) You will not solicit, directly or indirectly, the Users of Trophy Room in connection with any commercial purpose.
(6) Trophy Room may modify, alter or discontinue Trophy Room, or any portion thereof, at any time without notice.
(7) You acknowledge that all of the Content on Trophy Room is owned by or licensed to Trophy Room. This includes, without limitation, all trademarks, logos, trade names, service marks, text, graphics, videos, music, and other Content. You will comply will all applicable copyright, intellectual property, and other laws and regulations regarding such Content.
(8) You will not use Trophy Room for any unlawful or tortious purpose.
Your User Provided Content. Once you register with Trophy Room, you acquire the ability to post Content on Trophy Room, comment on other Users' Content and otherwise communicate with other Users (collectively with any other User posted Content, "User Content"). When you take advantage of these capabilities, the material you post becomes publicly available for third parties to see and the confidentiality of such User Content cannot be guaranteed by Trophy Room. When you post User Content on Trophy Room, you retain ownership of such content, but you grant Trophy Room an unlimited, non-exclusive, perpetual, world-wide, royalty-free, sublicenseable, transferable license to use the User Content in any manner it deems fit, including, without limitation, to reproduce, display, distribute, modify, convert to another format, prepare derivative works of, and perform the User Content in connection with Trophy Room's business and to post the User Content on Trophy Room.
In connection with posting User Content on Trophy Room, you represent and warrant that you either own the User Content you submit or have such licenses, rights or permissions as are necessary to post the User Content and grant the license referred to above. In addition, you represent and warrant that the posting of your User Content and the posting or transmitting or any additional material will not violate any third party's privacy, or other personal or proprietary, rights and that it will not violate any trademarks, copyrights, trade secrets, trade names or other proprietary rights. You agree that you are solely responsible for the posting of your User Content and acknowledge that you are responsible for paying any royalties or other amounts owing to any third parties as a result of your posting of User Content and the use of such User Content under the above-granted license.
You agree that you will not post any offensive, unlawful, obscene or inappropriate User Content, or User Content that otherwise appeals to the prurient interest on Trophy Room. Trophy Room reserves the right to remove User Content from Trophy Room at any time, without notice, for any reason including, but not limited to, User Content that violates this section.
You are solely responsible for creating and maintaining backup copies of your User Content.
Termination of User Account. Trophy Room reserves the right to terminate your User Account or delete your User Content for any reason at any time and without notice.
User Content of Others. Trophy Room does not pre-approve or monitor the User Content that Users post. Therefore, we have no way of knowing if a User posts inappropriate or unlawful User Content. We do accept notifications of copyright infringements (see below for more information on this service) and we may attempt to remove other inappropriate and unlawful User Content, but we disclaim all liability for the User Content Users choose to post.
Disputes with Other Users. With the exception of notices of copyright infringement (see below), all disputes you may have with other Users of Trophy Room are solely your responsibility. We may monitor your interactions with other Users, but you agree that we have no obligation to become involved in or moderate any disputes with other Users that you may have.
Disclaimer of Warranty; Limitation of Liability. TROPHY ROOM AND THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." TROPHY ROOM DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO TROPHY ROOM AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF TROPHY ROOM AND ANY RELATED SOFTWARE, PRODUCTS OR SERVICES IS AT YOUR OWN RISK. TROPHY ROOM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF TROPHY ROOM OR ANY RELATED SOFTWARE, PRODUCTS OR SERVICES OR WITH THE DELAY OR INABILITY TO USE TROPHY ROOM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF TROPHY ROOM HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Copyright Infringement and the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act ("DMCA"), and specifically 17 U.S.C. § 512(c)(3), a copyright agent has been designated to receive notification of a claimed copyright infringement for Trophy Room. If you are a copyright owner or an agent of a copyright owner and believe your copyrighted work is being infringed on by any User Content posted on Trophy Room, please notify our copyright agent by using our contact form. When notifying us of the alleged copyright infringement, please be sure to include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Trophy Room are covered by a single notification, a representative list of such works at that site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trophy Room to locate the material.
(4) Information reasonably sufficient to permit Trophy Room to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you neglect to provide all of the requested information or otherwise comply with this section and DMCA, your notice may not be valid. In addition, if you file a notice containing false information, you may be liable for damages and your actions may constitute perjury. Upon receipt of a valid notice, we will remove the offending material and notify the User who posted the infringing User Content.
If you have posted User Content that is removed, and you believe such removal was a mistake or that you have the necessary licenses or permissions to post the User Content, you may send the copyright agent designated above a counter-notice. According to DMCA (17 U.S.C. § 512(g)(3)), the counter-notice must contain the following information:
(1) Your physical or electronic signature.
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Trophy Room may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
After receiving such a counter-notice, Trophy Room may send a copy of it to the party who sent the original notice. If the owner of the copyright does not file a court action, Trophy Room, in its sole discretion, may replace or restore the removed User Content ten (10) or more days after receiving the counter-notice.