D3Clans.com was created to provide a place for players and clans to interact outside of Diablo 3. We try to provide some neccessary tools for clans to run, and for players to find a clan and group of people they enjoy to play the game with.
That being said, many of the tools we proivde involves players creating or adding content to their own profiles, or to their clan profile. This is content they create themselves or add from another source. Please be responsible with what content you add to this website. Users take sole responcibility in what content they add.
D3Clans.com has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. D3Clans.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
D3Clans.com is designed first and foremost to be a database of players and clans/guilds. Therefore the accurancy of this database will determine how useful it will be. Users should be truthful in all information they post in their profiles.
Users should not purposely mislead other users with information they put on this website, nor mislead users to other websites.
Users should not upload media (ie, images, video, links) to content unrelated themselves, their clans, or Diablo 3 in general. This is a Diablo 3 related website, unrelated material belongs elsewhere.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to D3Clans for inclusion on your Website, you grant D3Clans a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, D3Clans will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, D3Clans has the right (though not the obligation) to, in D3Clans's sole discretion (i) refuse or remove any content that, in D3Clans's staff or owner's opinion, violates any D3Clans policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in D3Clans's sole discretion.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which D3Clans.com links, and that link to D3Clans.com.
D3Clans does not have any control over those non-D3Clans websites and webpages, and is not responsible for their contents or their use. By linking to a non-D3Clans website or webpage, D3Clans does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
D3Clans disclaims any responsibility for any harm resulting from your use of non-D3Clans websites and webpages.
D3Clans.com respects the intellectual right of others. We will take every reasonable step to prevent users from posting other content on our site.
If you believe that such protected content is located or linked to from our website, please contact us and every reasonable step will be taken to remove the content if warranted.
While D3Clans does not currently have advertising displayed on our website, we reserve the right to place advertisement anywhere we see fit in the future. Futhermore, advertisement by users on the forum, or anywhere else on the site, is strictly prohibited without former consent by an administrator or owner of the D3Clans.com.
D3Clans reserves the right, at its sole discretion, to change or replace our Terms of Service and Privacy Policy at any time. It is your responsibility to check for updates to these policies.
Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
D3Clans may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
D3Clans may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your D3Clans.com account (if you have one), you may simply discontinue using the Website.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". D3Clans and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither D3Clans nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will D3Clans, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data;
D3Clans shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
D3Clans shall take every reasonable effort to ensure the safety of it's users and any data they choose to send/store on D3Clans servers, however we take no responsibility in any hacking attempts that lead to data being compromised.
You represent and warrant that (i) your use of the Website will be in strict accordance with the D3Clans Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless D3Clans, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between D3Clans and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of D3Clans, or by the posting by D3Clans of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Ohio.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; D3Clans may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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