Lyemium. Terms of Service

Updated September 12 , 2009

1. General Terms of Service and Guidelines; Acceptance

Lyemium welcomes you. This User Agreement ("User Agreement") applies to web sites and interactive services owned or operated by Lyemium and its subsidiaries. The User Agreement applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). By visiting or using the Services you are agreeing to abide by the User Agreement.

Lyemium may change the User Agreement at any time and the changes will become effective 7 days after posting the revised User Agreement (the "Effective Date"). You are responsible for checking periodically for changes and your continued use of Lyemium and its services after the Effective Date indicates your acceptance of the new User Agreement.

2. Lyemium Services

A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, personalized and branded content. Some Services are presently provided free of charge and others require payment. Lyemium reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Lyemium will not be held liable to you or any third party for any modification or discontinuance of the Services.

B. Service Limitations. Here at Lyemium we work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither Lyemium nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.

C. Privacy Policy. Lyemium respects your privacy and has developed a detailed Privacy Policy that is incorporated into the User Agreement. As a User of the Services, you are accepting the terms of our Privacy Policy.

D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Lyemium does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. All content posted on Lyemium remains in the rights of its respected owners. The purpose of Lyemium is to showcase and highlight talent in various industries.

E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Lyemium's third-party providers, including but not limited to advertisers, content and e-commerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Lyemium does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Lyemium does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services unless self-branded under Lyemium. You agree you are wholly responsible for making your own independent judgement regarding your user or interaction with Third-Party Services.

3. General Rules

For the benefit of the entire Lyemium community, and to comply with applicable laws, we have certain general rules, which Lyemium will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by Lyemium, you should 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 Services registration forms (the "Registration Data"). You agree to 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. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Lyemium immediately and promptly change your password.

C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.

D. Permitted Use of Content. The content included in the Services, including the Lyemium Web site design, text, graphics, to construct the Lyemium website and user experience is owned or licensed by Lyemium. Content provided on the site remains with the rights of its owners or publishers. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Lyemium or its respected owners.

E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any Lyemium account not owned by you, to its source, or exploit the 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 Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.

If you choose to use language, such as a user name or game name that, in Lyemium sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.

1) Monitoring. Lyemium and its affiliates have no obligation to pre-screen or monitor content Posted on or through any User Tools. However, Lyemium and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in Lyemium's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.

2) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. Lyemium is not responsible for its theft, copying or placement of that User Content on other media or networks. Lyemium and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Lyemium and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of Lyemium or any of its affiliates, and their views do not necessarily reflect those of Lyemium and its affiliates.

G. Downloads

Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Lyemium will not be responsible in any way for any 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 the Services or our third party service providers will create any warranty not expressly stated.

4. Rights You Grant to Lyemium.

A. User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding any User Content you submit on Lyemiums Community, you hereby irrevocably grant to Lyemium, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a design or written content, Lyemium may modify the format and display of such User Content, but not the content. Lyemium will take reasonable precautions to help you to keep your email and identity private upon request. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of the Lyemium Community, you grant Lyemium the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to Lyemium and its affiliates is provided without any the entitlement of payment of fees or consideration.

B. Account Access. In order to ensure that Lyemium is able to provide high-quality services that are responsive to Users' needs, you agree that Lyemium representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.

5. Children and Mature Content

The Services are not directed to children under the age of 13. Lyemium will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use.

Indemnification. You agree to protect and fully compensate the Lyemium Parties 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 Services, or violation of the User Agreement by you or any other user of your account (whether or not authorized).

E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide Lyemium Staff with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Lyemiums Designated Staff for copyright claims or other intellectual property infringement can be reached as follows:
By email:
[email protected]