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Fathomiers.net Terms of Use

Welcome to Fathomiers.net (the "Site"). Please read the following Terms of Use carefully before using the Site so that you are aware of your legal rights and obligations with respect to Fathomiers.net and its parents, affiliates and subsidiaries (individually and collectively, “Fathomiers.net”). By using the Site you signify your irrevocable acceptance of these Terms of Use. Fathomiers.net has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

Privacy

Your privacy is very important to us at Fathomiers.net. To better protect your rights we have provided the Fathomiers.net Privacy Policy to explain our privacy practices in detail. To read the Fathomiers.net Privacy Policy, please click here.

Use of Materials

No material from the Fathomiers.net Site or any web site owned or controlled by Fathomiers.net ("Materials") may be copied, reproduced, republished, uploaded, transmitted or distributed in any way unless specifically authorized by Fathomiers.net, except that you may download one (1) copy of the Materials on a single computer for non-commercial, personal use only, provided that you keep all copyright, trademark and other intellectual property notices intact. Making modifications to the Materials is prohibited as is using the Materials on any networked computer environment or other website.

Submissions

Fathomiers.net loves to get your feedback and to hear from you whenever possible. However, we can not accept creative ideas or materials unless we have specifically requested them. In order to avoid any misunderstandings please do not send us original artwork or stories or other creative materials unless we have specified otherwise.

Any Submissions shall be deemed the property of Fathomiers.net. Fathomiers.net shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Fathomiers.net will not be treated as confidential and Fathomiers.net shall not be liable for any disclosure of the Submissions.

Community Guidelines

Please exercise respect when participating in any of Fathomiers.net’s community features such as the forum and the gallery, etc ("User Materials"). You may not submit or publish through Fathomiers.net any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party.

Please remember that although we do moderate most of the contents of these community features, some features are automatically published and we cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if any, any time you upload or post User Materials to the Site you automatically grant Fathomiers.net a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Fathomiers.net and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

Links

Fathomiers.net provides links to other sites that we feel are relevant and interesting to our users ("Link Sites"). Fathomiers.net is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Disclaimer

We have made every effort to verify the accuracy of the Materials at Fathomiers.net. However, the Materials are provided for informational purposes and not with the intention that our users rely upon the Materials. Accordingly, to the extent permitted by law, Fathomiers.net disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.

Under no circumstances shall Fathomiers.net be liable for any loss or damage in connection with the Materials, including without limitation, indirect or consequential damages or loss of profits or goodwill.

Copyright Infringement Claims

This site makes use of "Fair Use". In short:
  
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
If you believe that your work has been copied by Fathomiers.net in a manner that constitutes copyright infringement, please notify us at webmaster@fathomiers.net and provide us with the following information:

1. Your name, address, telephone number and e-mail address;
2. A description of your work that you believe has been infringed (“Infringed Work”) and where to locate the Infringed Work;
3. A description of the work that you believe has infringed your work (“Infringing Work”) and where the Infringing Work is located on our Site;
4. A statement by you claiming a good faith belief that the use of the Infringing Work has not been authorized by the copyright owner, its agent or the law; and
5. The electronic or physical signature of the copyright owner or of a person authorized to act on their behalf.

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