General Terms and Conditions of Use
BattleClinic Fight Smart and the BattleClinic logo are a registered trademark of BattleClinic. Griefwatch.net, eve-kb.com, dontmixguns.com Copyright 2009 BattleClinic all rights reserved. These terms of service cover all BattleClinic properties, including but not limited to BattleClinic.com, DeepSpaceSupply.com, EVEMon.org, BattleClinic.biz, Griefwatch.net, eve-kb.com, shipfits,com, dontmixguns.com, mmotools.org. Site design, logo design, artwork and content copyright 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 BattleClinic. All rights reserved. BattleClinic, Fight Smart, and the BattleClinic logo are a registered trademark of BattleClinic. Feedback or questions to the operator of this site. The email address is general at battleclinic dot com.
By accessing and navigating this site and/or uploading/downloading content from this site, you agree to the following terms and conditions named here. The owner, operator, webmaster (operator) reserves the right to change the terms at any time, with or without notice.
UPLOADING & LINKING
Users are strictly forbidden to upload or link images, files or applications that are not appropriate to the purpose of site. IP adressses and originating domains are logged when uploading. Users who, in the sole discretion of the operator, abuse the functionality of the site may be warned or banned. Uploads are screened for malware and viruses.
Your privacy is assured. This site places a small text file, called a cookie, on your local machine. Only the information you supply at time of registration, plus your IP and originating domain, are collected. This information is not shared, sold, or distributed to any third party. The operator uses this information only to trace and potentially ban users who may abuse the site's privileges, purpose, and/or functionality. The views expressed here and on linked message boards are moderated and may be edited by the operator. The operator reserves the right to restrict access to users who violate the terms and conditions of this site, post derogatory or profane text or imagery, or perform acts of vandalism against the site, the operator, the host, and any or all content and images on the site. The operator of this site assumes no responsibility for the material, text, opinions, or actions of users. Posters or users continually critical of this site and/or any additional third parties represented on this site may be asked to moderate their views and/or may be banned with or without warning. All electronic file copies submitted to this site are screened for appropriate content and inclusion to the site. This site and its content are for entertainment only. Liability of the operator is limited to removal of images or text deemed infringing by the legal trademark owner and with due and fair notice to the operator. All files submitted to this site become the property of the owner of the site and cannot be returned. No infringement on copyrighted material intended. Notify operator if your content is posted and copyrighted. Liability limited to removal of material.
We query game databases and/or receive feeds from game databases and other sources that could contain names of characters or other information that you may provide to that game. We do not and in most cases cannot alter, redact, edit, or in any other way change the information including names, descriptions, images, etc. that originate from the game’s databases or feeds. You agree that BC is not responsible for monitoring, changing, adding or removing any information that is obtained from these feeds.
2. The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
3. TM & COPYRIGHT 2001 - 2009 BY BATTLECLINIC.COM. ALL RIGHTS RESERVED. This Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, data, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by BC other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Material in any manner without the prior written consent of BC or such third party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS PROHIBITED. As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate BC's rights or the rights of others. BC may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
COPYRIGHTS AND COPYRIGHT AGENT
4. BC respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, BC has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. Send email to the operator of this Web Site for further information. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide BC 's Copyright Agent the following information:
1. a physical signature of the person authorized to act on behalf of the owner 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 Web 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 notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
5. THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING OR USAGE OF TRADE. BC, AS WELL AS AFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE (COLLECTIVELY, THE "AFFILIATES") ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. BC AND THE AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BC OR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN BC, THE AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BC'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $100 USD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU. BC AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES NOT ASSOCIATED WITH BC. BC AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
In addition, Internet transmissions are never completely secure or private. You understand that any message or material you send to this Web Site may be read or intercepted by others. BC is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or BC any personal or confidential information. BC and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment. Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, applicability or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. You acknowledge that BC does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment. While BC strives to provide quality merchandise and other services on the web site, BC cannot ensure that you will be satisfied with any products, merchandise or services that may be advertised on the Web Site or that you may purchase from the Web Site or a third-party Web site that may be on, or links to or from the Web Site. BC does not endorse any third party products, merchandise and/or services, nor has BC taken any steps to confirm the accuracy or reliability of, any of the information contained in any third party advertisements or third-party web sites. BC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give BC or any third party, and you hereby irrevocably waive any claim against BC and the Affiliates, as applicable, with respect to the Web Site and any third party web sites. BC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
7. You shall not post, send, upload, transmit, distribute or otherwise publish, through Media galleries, website templates, Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"), or otherwise, any content that:
1. libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;
2. infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;
3. violates any law;
4. violates or infringes upon the rights of BC, its users or the public, including material which is an invasion of privacy or publicity rights;
5. advocates illegal activity or activity that would give rise to civil liability;
6. solicits gambling or engages in any gambling activity
7. interferes with anyone else's use of this Web Site;
8. contains a virus or other harmful component; or
9. advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non- Approved Material").
BC is not responsible for any material posted by users on any Forum or Gallery. BC is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site. BC does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages. BC reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of messages that it, in its sole discretion contains Non-Approved Material or is otherwise unacceptable. In addition, BC may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of BC or to protect the safety or our users or the public. Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using the site, and consider carefully whether you want to disclose any information that can be used to identify or locate you. Any material you upload to any Forum or submit to us shall be governed by our Submissions Policy set forth in this terms document.
(Section 8 reserved for future terms)
LINKING POLICY & LINKED WEB SITES AND FEEDS
9. The content of this Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to or use feeds provided by this Web Site, we require that you follow these guidelines. The link to or feed from this Web Site must not damage, dilute or tarnish the goodwill associated with any BC, or related names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with BC, or represented or affiliated companies or persons. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or content in any way. BC reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. BC is not responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform BC of any errors or inappropriate material found on web sites to which this Web Site is or may be linked. BC is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content. Such web sites are for your convenience only and you access them at your own risk. A link from this Web Site to any other web site does not mean that BC or the Affiliates approve of, endorse or recommend the web site.
10a. You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) interacting with the tools, guides, functions, web pages, attachments, media, and data as they were intended; (iii) posting in the forums; (iv) transferring to other websites through links provided on this website; and (v) making use of other facilities that may be provided on the website. Use of any automated system or software to extract data from this website or websites owned and operated by BC (“screen scraping”, "HTML parsing") is prohibited, except in cases where third parties have entered into a written agreement directly with BC which permits that third party to access BC's information for the sole purpose of producing game-related tools or guides.
10b. Intellectual property. All information, data and materials presented on this website, including names, logos, tools, guides, etc., as well as the color scheme and the layout of the website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. You may use this information, data, materials and the color scheme and the layout of this website only as strictly required for your permitted personal, non-commercial purposes described in paragraph 10a above. Any other use and/or reproduction of the information, data , materials, or of the color scheme, or of the layout of the website, without prior written consent of BC, is prohibited and will constitute a breach of these terms and conditions and may infringe BC’s intellectual property rights. BC reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of this website.
11. This Web Site may contain contests or other promotions that require you to send material or information about yourself. Please note that contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any contest or promotion on this Web Site.
12. Your dealings or communications through the Web Site with any party other than BC are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site and/or BC or the Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to such third parties.
MEMBERSHIP & REGISTRATION
13. Certain areas and/or services offered via the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site. When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information. If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.
MAKING A PURCHASE ON OR VIA THE SITE
14. In the event any products, merchandise and/or services are sold on the Web Site and any such products, merchandise and/or services are listed on the Web Site at an incorrect price or with other incorrect information, BC shall have the right to refuse or cancel any orders placed for such products, merchandise and/or services and BC is hereby released from any and all liability related to the same. BC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If a product offered by BC or a third party is not as described, your sole remedy is to return it to BC or such party for a refund, at BC or such third party's sole discretion.
VIOLATIONS OF THESE TERMS
16. BC will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. BC reserves the right to modify or discontinue this Web Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by BC, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that BC will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
For questions or comments regarding these Terms and/or the Web Site please send an email to general at battleclinic dot com. These Terms were last updated May 2009.
EVE Online, the EVE logo, EVE and all associated logos and designs are the intellectual property of CCP hf. All artwork, screenshots, characters, vehicles, storylines, world facts or other recognizable features of the intellectual property relating to these trademarks are likewise the intellectual property of CCP hf. EVE Online and the EVE logo are the registered trademarks of CCP hf. All rights are reserved worldwide. All other trademarks are the property of their respective owners. CCP hf. has granted permission to BattleClinic to use EVE Online and all associated logos and designs for promotional and information purposes on its website but does not endorse, and is not in any way affiliated with, BattleClinic. CCP is in no way responsible for the content on or functioning of this website, nor can it be liable for any damage arising from the use of this website.
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