Terms Of Service
Put simply: respect others, respect the law, and enjoy yourself!
You must carefully read this User Agreement in its entirety before using our Service. This is a legally binding Agreement between you and clambun.
By using our service you agree to the terms in this User Agreement. If you do not agree, then you should not use our Service.
To enter into this Agreement, you must be an adult of legal age in your state or country of residence. If you enter into this Agreement, then you are affirming that you have reached the legal age of majority in your jurisdiction and we are permitted to reasonably rely on that. If you are not of legal age, then your parent or legal guardian must consent to this Agreement.
All of these policies may be updated or modified from time to time; so you should check this page regularly to look for any changes. If you continue to use our service, then you are telling us that you continue to agree to any changes to these policies.
YOU SHOULD TAKE PARTICULAR NOTICE THAT THIS AGREEMENT INCLUDES THE FOLLOWING PROVISIONS: (1) AN ARBITRATION CLAUSE; (2) A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT AGAINST US; (3) AND A RELEASE OF ALL CLAIMS AGAINST US THAT MAY ARISE OUT OF YOUR USE OF OUR SERVICE.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for clambun groups, clubs, blogs, or any other content on or off of clambun;
- post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;
- threaten violence against anyone else or advocate harming yourself;
- “stalk” or otherwise harass another;
- impersonate any person or entity, including, but not limited to, a clambun representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- access, tamper with, or use non-public areas of the Service, clambun‘s computer systems, or the technical delivery systems of clambun’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your clambun username), use of the Service, or access to the Service. You agree that your clambun account is non-transferable.
Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on clambun infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify clambun in accordance with clambun’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at https://clambun.com/copyright/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, clambun EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE clambun WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- clambun AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM clambun OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Operation of the Services
The Terms of Service constitutes the entire agreement between you and clambun and governs your use of the Service, superseding any prior agreements between you and clambun with respect to the Service. These Terms of Service are the entire and exclusive agreement between clambun and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between clambun and you regarding the Service (excluding any services for which you have a separate agreement with clambun that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. clambun may freely assign these Terms of Service, and you expressly agree that any intellectual property rights licensed to clambun hereunder, including any rights to Content. The failure of clambun to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.