Updated Januari 10, 2005

PSP-SCENE Registered Member User Agreement

Welcome to psp-scene.org! We are glad you have decided to join our community. We look forward to your involvement with our services. Before you begin delving into the vast services and content available on our site, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and PSP-SCENE. It is important that you understand both the benefits we provide, as well as our limitations.

1. Acceptance of Agreement

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms) at any time at: http://www.psp-scene.org/modules.php?name=Terms&file=index. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by visiting your subscriber preferences page ("Account") and canceling your account.

Our Site and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not PSP-SCENE control and PSP-SCENE is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

2. Children

PSP-SCENE and her services are not directed to children under the age of 13. PSP-SCENE and her services will not knowingly collect personally identifiable information from anyone under 13.

3. About Our Services

A). PSP-Scene Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through PSP-SCENE. Some Services offered at PSP-SCENE are presently provided free of charge. It is possible that this could change in the future.

B). Service Limitations. We will do our best to make your experience with PSP-SCENE.ORG a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that PSP-SCENE.ORG, including the services of our third-party service providers, are provided "AS IS." PSP-SCENE  and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.

C). Service Changes and Discontinuation. PSP-SCENE reserves the right to change or discontinue, temporarily or permanently, the site and services at any time without notice. You agree that PSP-SCENE will not be liable to you or any third party for any modification or discontinuance of this site and services.

D). Privacy Policy. PSP-SCENE respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.

4. "Rules of the Road"

For the benefit of the entire psp-scene community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road." We hope you will find them reasonable. Please understand, though, that any conduct that is judged by psp-scene, in its sole and unfettered discretion, to violate the "Rules of the Road" is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.

A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the PSP-SCENE registration forms (we call this information "Registration Data"). Accurate records help us create a better site and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.

B). Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify PSP-SCENE immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify PSP-SCENE of the problem by giving notice via e-mail to: abuse@psp-scene.org.

C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.

D). Content Restrictions. PSP-SCENE attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All WebSite design, text, graphics, the selection and arrangement thereof, and all software that are part of PSP-SCENE are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on PSP-SCENE is strictly prohibited without the prior written permission of PSP-SCENE.ORG.

E). Limits on Uses of User Information. By using PSP-SCENE you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web site owned by PSP-SCENE, including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to PSP-SCENE users. PSP-SCENE reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Site or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site or services, including any PSP-SCENE account not owned by you, to its source, or exploit the site or services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or services or with any other person's use of the site or services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to PSP-SCENE on or through the site and services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

5. Rights You Grant to PSP-SCENE

A). Distributing Content You Produce. Subject to the PSP-SCENE Privacy Policy, you are licensing to PSP-SCENE any "content" you provide through or to PSP-SCENE. User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. PSP-SCENE may modify, display, distribute and create new material using such content on PSP-SCENE for the promotion and marketing of our services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, PSP-SCENE and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. We may modify the format and display of the work, but not the content.

B). PSP-SCENE Advertising. PSP-SCENE rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that PSP-SCENE may display advertisements and promotions of all kinds in and with the services.

C). Account Access. In order to ensure that PSP-Scene is able to provide high-quality services that are responsive to our members' needs, you agree that PSP-SCENE staff members have access to your account and records as reasonably needed to investigate complaints.

6. Other Legal Stuff

A). 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. PSP-SCENE and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

PSP-SCENE makes no warranty that (i) the Services will meet your requirements, (ii) the Services 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, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any potential 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 psp-scene, our third party service providers, or through or from the service will create any warranty not expressly stated in the Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

B). No Endorsement of User Content. You acknowledge and agree that PSP-SCENE do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that PSP-SCENE do not pre-screen any user posted content, but that PSP-SCENE and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the sites. User is defined as any person who visits PSP-SCENE and receives information or uses PSP-SCENE Services.

C). Limitation of Liability. You agree that PSP-SCENE will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PSP-SCENE have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, PSP-SCENE is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the site or services, PSP-SCENE liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the site paid in the six months prior to the date of the initial claim made against PSP-SCENE, or (ii) €100,00..

D). Indemnification. You agree to protect and fully compensate PSP-SCENE and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.