Welcome to this Drowned.org Inc. site (the "Site" referred to as "Drowned"). By using the Site you signify that you have read, understand and agree to be bound by these Terms of Use and the accompanying Privacy Policy.
We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Site after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy.
If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and in violation of these Terms of Use.
You agree that you may only use the Site for your own personal and commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:
You agree that Drowned. may refuse your registration or terminate your access and account for violating these Terms of Use, for any behavior that is inconsistent with Drowned's image or values, or for any other reason, entirely in its discretion.
You acknowledge that Drowned and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site's design, text, graphics and files, and their selection and arrangement (the "Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Drowned. Basically, we own everything you put up. You may download and print reasonable portions of the Content, solely for your personal, commercial, or professional use provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by Drowned is prohibited.
All trademarks, logos, trade dress and service marks on Site are trademarks of Drowned or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
Drowned respects the intellectual property of others. It is Drowned's policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. Drowned will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Drowned may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Drowned will terminate access for subscribers and account holders who are repeat infringers.
Notifying Drowned of Copyright Infringement: To provide Drowned notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at [email protected] that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Drowned with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Drowned with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. Drowned does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.
This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here. If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.
By clicking the following link, you may review Drowned's Privacy Policy.
Drowned is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, Drowned assumes no responsibility for:
Under no circumstances will Drowned be responsible for any loss or damage incurred or resulting from anyone's use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED "AS-IS" AND DROWNED DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.
IN NO EVENT WILL DROWNED BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $5000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO DROWNED, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF DROWNED WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Utah, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Utah, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Drowned may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold Drowned and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, or your violation of the rights of a third party or any law.
These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and Drowned regarding the use of the Site and supersede any prior agreements between us on the same subject. Drowned's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.