Acceptance of Terms.
Within this document, the following definitions apply:
- Crenel Publishing: Johnny Pixel Productions, Inc., a Washington corporation, doing business as Crenel Publishing, and its officers, directors, shareholders, employees, and, where applicable, its affiliates, vendors, contractors, assignees, and beneficiaries.
- Sites: All Web sites owned and operated by Crenel Publishing.
- Service: All services and products available at or through the Sites.
- You: The person or other entity using or otherwise accessing, causing use of or access to, or receiving tangible or intangible benefits from access to or use of the Service.
- Terms: This document, including all terms and conditions specified herein as well as all terms and conditions in documents incorporated herein by reference, and all other operating rules, policies and procedures that may be published from time to time on or via the Service by Crenel Publishing.
These Terms govern all access to and use of the Service by You. The Service is offered subject to your acceptance without modification of all of these Terms.
In addition, some services or sites within the Service may be subject to additional terms and conditions; your use of such sites and/or services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. In cases where Site-specific terms and/or conditions contradict or otherwise conflict with these Terms, the Site-specific terms and/or conditions shall supersede these Terms to the minimum extent necessary to resolve such conflicts.
The Service is available only to individuals who are at least 13 years old or who possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. Crenel Publishing may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Crenel Publishing reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. Crenel Publishing may (but shall not be required to) notify you of changes on the Crenel Publishing Web site at: http://www.crenelpublishing.com/ As Crenel Publishing has no obligation to notify you of such changes, it is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
Crenel Publishing may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms as changed or modified.
Rules and Conduct.
The Sites and the Service (including without limitation, any Content (as defined below), documents or other information made available on or through the Service) are provided only for your own direct use. Neither the Service nor the Sites may be resold, licensed, or otherwise used in connection with providing products or services to third parties, regardless of commercial intent or lack thereof, except as specifically approved in writing in advance by Crenel Publishing. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms, 'Content' includes, without limitation, any information or data (including, information or data generated or otherwise provided by Crenel Publishing or its partners through the Service or related services, or otherwise available through the Site), text, software, scripts, graphics, photos, videos, and interactive features.
You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane, or which otherwise violates these Terms;
- constitutes unauthorized or unsolicited advertising, junk or bulk contacts, whether by e-mail or other mechanisms ("spamming");
- imposes an unreasonable or disproportionately (in the sole judgment of Crenel Publishing) large load on Crenel Publishing's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Crenel Publishing or any third party; or
- impersonates any person or entity, including any employee or representative of Crenel Publishing.
You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Crenel Publishing's express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Crenel Publishing may use to prevent or restrict access to the Service.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Sites (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services or while using the Sites is limited to the express purposes set forth in these Terms; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
Crenel Publishing may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. Crenel Publishing may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly to terms or conditions of these Terms, including with any provision of this section.
Please report any violation of these Terms by contacting Crenel Publishing through the Crenel Publishing Web site at: http://www.crenelpublishing.com/
As a condition to using the Service, you may be required to register with Crenel Publishing by providing information to be specified during the registration process and selecting a password and username. You shall provide Crenel Publishing with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as your username the name of another person with the intent to impersonate that person; (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. Crenel Publishing reserves the right to refuse registration of or cancel an account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password(s). You may never use another user's account without such other user's express permission. You will immediately notify Crenel Publishing in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You may create more than one account if doing so is necessary to maintain a separate identity for pen names. One account may be created per pen name. If the Service provides the opportunity to publish commentary in any form, you agree to not use multiple accounts to converse with each other or otherwise treat each other as distinct individuals. Your ability to register multiple accounts may be revoked and/or one or more of your accounts may be removed upon the determination by Crenel Publishing that the ability to register multiple accounts was used abusively, deceptively, or in an otherwise negative manner.
Third Party Sites.
The Service may present to you links to other Web sites or resources on the Internet, and other Web sites or resources may contain links to the Sites. These other Web sites are not under Crenel Publishing's control, and you acknowledge that Crenel Publishing is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Web sites or resources. The inclusion of any such link does not imply endorsement by Crenel Publishing or any association with its operators. You further acknowledge and agree that Crenel Publishing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such Web site or resource.
Links from the Service to third-party sites may be monetized as described in the Disclosure Regarding Compensation and Influence which is incorporated herein by reference.
(a) Crenel Publishing Content Generally.
You agree that the Sites and Service contain Content specifically provided by Crenel Publishing or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws. Except as expressly authorized by Crenel Publishing in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Crenel Publishing hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your direct use as expressly authorized under these Terms; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Sites for any other purpose is strictly prohibited without the express prior written permission of Crenel Publishing.
Crenel Publishing has no obligation to monitor the Sites, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
(b) Content Posted by User(s).
Crenel Publishing may provide features through the Service which allow users to upload, submit, disclose, distribute or otherwise post Content (User Content) at or on the Sites or otherwise through the Service. If Crenel Publishing provides such features, Crenel Publishing does not assume ownership of User Content; however, you:
- grant to Crenel Publishing the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such User Content, including without limitation any concepts, ideas or know-how embodied therein, in any form for purposes suitable and/or necessary for operation and provision of the Service and promotion thereof;
- represent and warrant to Crenel Publishing that you own or otherwise control all rights to such User Content and that disclosure and use of such Content by Crenel Publishing (including without limitation, publishing content on the Sites) will not infringe or violate the rights of any third party; and
- acknowledge that such User Content will not be treated confidentially.
You agree not to provide Crenel Publishing with any information that you desire or are required to keep confidential.
If you are enabled to post Content as contemplated by this subsection (b), you are solely responsible for the Content you post on or through the Service. Crenel Publishing does not endorse and has no control over the Content posted or otherwise provided by users. Crenel Publishing reserves the right to, immediately and without notice, delete or otherwise remove any user Content that, in Crenel Publishing's sole discretion, Crenel Publishing determines violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
Crenel Publishing may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms or your Crenel Publishing account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE, SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." UNLESS EXPLICITLY STATED OTHERWISE WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE, THE SERVICE, SITES AND CONTENT, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CRENEL PUBLISHING, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT, INCLUDING, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER CRENEL PUBLISHING NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THE SITES.
Limitation of Liability.
IN NO EVENT SHALL CRENEL PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITES, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITES AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (II) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITES AND SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRENEL PUBLISHING SHALL NOT BE LIABLE FOR ANY USER CONTENT OR CONDUCT.
You agree to defend, indemnify, and hold harmless Crenel Publishing, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Sites, use of the Services, violation of the Terms by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Crenel Publishing reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Crenel Publishing in asserting any available defenses.
Crenel Publishing makes no representation that the Content is appropriate or available for use in locations outside of Washington State, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Crenel Publishing agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites or Service shall be filed only in the state or federal courts located in Pierce County, Washington and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
Integration and Severability.
These Terms are the entire agreement between you and Crenel Publishing with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Crenel Publishing with respect to the Sites (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Crenel Publishing's prior written consent. Crenel Publishing may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in writing and signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, all Content provided by Crenel Publishing is the copyright property of Crenel Publishing and is protected under United States copyright law and international treaties. All rights reserved.
The names of actual companies, products, and services mentioned on the Sites may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice.
Crenel Publishing has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Crenel Publishing's Designated Agent to Receive Notification of Claimed Infringement ('Designated Agent') is listed at the end of this policy.
It is Crenel Publishing's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Sites or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Crenel Publishing is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Crenel Publishing's policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Crenel Publishing will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Crenel Publishing is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Crenel Publishing may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Crenel Publishing's discretion.
Please contact Crenel Publishing's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Intellectual Property Manager
Johnny Pixel Productions, Inc., dba Crenel Publishing
PO Box 50282
Bellevue, WA 98015-0282
United States of America
Phone: (253) 271-8020
The primary text of this document became effective May 8, 2013.
6 MAY 2017
Clarified that multiple accounts may be created by one person but only to support pen name identity maintenance.
6 MAR 2016
In Content Posted by User(s), simplified and clarified the text explaining the license you grant to Crenel Publishing, changed "and for any purpose" to "for purposes suitable and/or necessary for operation and provision of the Service and promotion thereof," and changed "may not" to "will not" regarding confidential treatment of User Content.
This document is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
You may contact Crenel Publishing at the following address:
Johnny Pixel Productions, Inc., dba Crenel Publishing
PO Box 50282
Bellevue, WA 98015-0282
United States of America