Terms of Service - Uploading your scripts

These Terms of Service constitute a legal agreement between you and us. You must accept, without modification, all of the terms, conditions, and notices contained in these Terms of Service in order to access and use this service. If you do not accept these Terms of Service in their entirety, you may not use the Dolphin Scripting Zone service.

You must read and agree to these Terms of Service and our Privacy Policy. By checking the box when prompted to do so, you shall be deemed to have accepted the Terms of Service and the Privacy Policy (collectively the "Agreement").

These Terms of Service contain our general terms and conditions relating to your use of this service. The Privacy Policy contains our policies relating to how we collect, protect and use your personal information.

If you do not accept and abide by this Agreement, you may not use the service. In the event of an inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall control. Nothing in this Agreement shall confer any rights or benefits upon a third party.

1. Description of Service.
   This is a free service that enables a user to upload Scripts and publish their details on the Dolphin scripting zone web pages. Users will also allow visitors to rate their script. In the future users may also subscribe to other pay to use features. These descriptions constitute (the "Service"). You understand and agree that we provide the Service on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Use.
   The Service is for your use only. You are responsible for maintaining the confidentiality of your login name and password. We shall not be responsible for unauthorized access resulting from a person without access privileges using your login name and password. We shall use our best endeavours to provide the Service on a 24/7 basis, except for (a) scheduled maintenance shutdowns, (b) unscheduled shutdowns to correct a fault or (c) power outages and other "Acts of God". We shall not be responsible if you attempt to use the Service when it is not operating. We reserve the right to deny the Service to anyone at any time for any reason and without notice.
3. Proper Use.
   You agree that you are responsible for your own Scripts and for any consequences thereof. Your use of the Service is subject to your acceptance of, and compliance with, the Agreement. You agree that you will not use the Service for any purpose that is unlawful or contrary to this Agreement. You also may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You agree that you will use the Service in compliance with all applicable local, state, regional, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence. You are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss that you may incur because of any unauthorized person using your account or your password. Without limiting the generality of the foregoing, you shall not use the Service to:
   1. Send or publish any content that is unlawful, defamatory, libellous, harassing, abusive, hateful or harmful on the basis of religion, sexual orientation, disability, age, race, ethnicity or gender, constitutes or encourages a criminal offence, is fraudulent, harmful to minors, vulgar, pornographic, obscene, or is otherwise objectionable as reasonably determined by us;
   2. Send or publish any content that infringes another party's intellectual property rights or other proprietary, contractual or fiduciary rights, privacy rights or other obligations;
   3. Publish messages or send emails that contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, or that can be characterised as "junk mail", "spam", "chain letters" or "pyramid schemes";
   4.  Disclose or transfer any Dolphin account information;
   5.  Commit a fraudulent act;
   6.  Send emails in violation of anti-spam laws;
   7.  Imitate or impersonate another person;
   8.  "Stalk" or otherwise harass another person;
   9.  Create false accounts;
   10. Send emails to persons who have requested not to receive them;
   11.  Send unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no pre-existing relationship;
   12.  Do any act or thing that infringes our intellectual property rights in the Service or otherwise causes us competitive harm; or
   13.  Do any other act or thing that violates the Terms of Service or the Privacy Policy.
   If you violate any of the above conditions, we may immediately cancel your right to use the Service, terminate the Agreement and hold you responsible for the legal consequences of your actions. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Fair Use.
   All services offered free or under unlimited subscription are provided on a fair use basis. You are free to use the Service as much as you like, however Dolphin reserves the right to ask you to moderate your usage at any time if in the opinion of Dolphin, your use is excessive and it is impacting on Dolphin's ability to provide the Service to all customers.
5. Content of the Service.
   We take no responsibility for any content published including third party content such as advertising or the content of the Script. Nor do we have any obligation to monitor such content. We shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, we reserve the right to remove or refuse to distribute any content that violates this Agreement, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. We also reserve the right to access, read, view, preserve, and disclose any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Dolphin, its users and the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
6. Spam.
   We are concerned about controlling unsolicited commercial email, or "spam". We have a strict policy prohibiting the use of this service to send spam. We will not sell, lease or rent our subscriber lists to third parties.
7. Intellectual Property Rights.
   You acknowledge that we own all right, title, trademarks and interest in and to the Service, including without limitation all intellectual property rights (the "Dolphin Rights"), and such Dolphin Rights are protected by international intellectual property laws. You further acknowledge and agree that content contained in sponsor advertisements or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties. Accordingly, you agree that you will not copy, reproduce, alter, modify, resell, or create derivative works or trademarks from the Service or third party advertisers. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
   
   The Dolphin Rights include rights to (a) the Service developed and provided by us; (b) all software associated with the Service, and (c), all images, logos and trade marks associated with the service. We do not claim any ownership in any of the content that you upload. We will not use any of your content for any purpose except as permitted by this Agreement.
8. Use of Content Published to the Dolphin Scripting website.
   For Scripts that you upload, you represent that you own, or have the necessary license, consent or permission to use the content in that manner and you have the written consent, release, and/or permission to use the Script, in order to permit inclusion and use of the content as contemplated by the Service and this Agreement.
9. Representations and Warranties.
   You represent and warrant that (a) all of the information provided by you to Dolphin to participate in the Service is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 13 years old.
10. Privacy.
    As a condition to using the Service, you agree to the terms of the Dolphin Privacy Policy. We understand that privacy is important to you. You do, however, agree that we may monitor, edit or disclose your personal information, including the content of your messages, if required to do so in order to comply with any valid legal process (such as a search warrant, subpoena, statute, or court order), or legitimate governmental request, to investigate a complaint or as otherwise provided in these Terms of Service and the Dolphin's Privacy Policy. Personal information collected by us may be stored and processed in the United States, the United Kingdom or any other country in which we or our agents and service providers maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
11. Complaints.
    If you believe that a Dolphin customer is using the Service in violation of our Terms of Service and Privacy Policy, we encourage you to bring this matter to our attention immediately. We shall investigate your complaint in a conscientious and reasonable manner, commensurate with the seriousness of the violation and with due respect for the rights of the person the target of the complaint. We may ask you to supply evidence in support of your complaint. Likewise, we shall be obliged to investigate in the same manner complaints by third parties concerning your own use of the Service.
12. Security.
    We employ security measures to safeguard your Scripts. These measures start with our own personnel policies. We have strict internal operating procedures in terms of hiring staff, training staff and limiting their access to the Dolphin's servers. Our servers contain robust firewalls, capable of detecting and preventing unauthorized access in most cases. We have installed network security software, including software designed to protect against viruses, Trojan Horses, worms, malicious code and spyware. Our servers automatically download the latest network security patches. We follow standard industry back-up procedures. We believe that, through the foregoing procedures, we have reduced the risk of security breaches resulting from computer hackers, unlawful entry, unauthorized access, theft, disgruntled employees and other fraudulent acts. However, no network is 100% secure and you accept the Service on the basis that we are not liable for security breaches.
13. Termination and Cancellation.
    We may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. We may take these actions without notice. Without limiting the generality of the foregoing, we may terminate the Service or suspend your access to the Service for inactivity, meaning your failure to sign in to the Service for an extended period, as determined by us. Upon termination of this Agreement, your right to use the Service immediately ceases. In the event of termination, we will disable your account and may delete all your Scripts. We will deny you access to your account or any files or other content contained in your account. However, residual copies of your messages or personal information may remain on the Dolphin server. The termination of this Agreement shall not extinguish any clauses that are clearly intended to survive termination, including without limitation, clause 4 (Content of the Service), clause 6 (Intellectual Property Rights), clause 15 (Indemnification), clause 16 (Disclaimers); clause 17 (Limitation of Liability), clause 18 (Non-Waiver) and clause 21 (Legal Jurisdiction).
14. Indemnification.
    You agree to hold harmless and indemnify Dolphin, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Dolphin will provide you with written notice of such claim, suit or action.
15. Warranties.
    Dolphin makes no warranties of any kind whether expressed or implied for the use of the service it provides. Dolphin disclaims any warranty of merchantability of fitness for a particular purpose. Dolphin will not be responsible for any damage suffered by you from using the Service including, but not limited to, delays, , service interruptions, your or any other subscribers use of the service, recipients of customers Dolphin messages use of the service, including negligence by Dolphin or its suppliers and agents.
16. Disclaimers.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY YOU FROM USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, DELAYS, MISDELIVERIES, LOST MESSAGES, SERVICE INTERRUPTIONS, USE OF THE SERVICE BY OTHERS, OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR SUPPLIERS AND AGENTS.
    2. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE 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.
    3. WE MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
17. Limitation of Liability.
    Use of the Service is entirely at your own risk. While we shall use all reasonable efforts to ensure a safe and secure environment for the transmission and storage of Scripts (and messages), we accept no liability for any security breaches, including without limitation, security breaches resulting from computer hackers, unlawful entry, unauthorized access, theft, disgruntled employees and other fraudulent acts. On rare occasions, Scripts (and/or messages) will get lost, corrupted or undelivered. We accept no liability for lost, corrupted or undelivered Scripts and messages, regardless of the cause. You agree that we have no responsibility or liability for the deletion or failure to store any Scripts, messages and other communications or other content maintained or transmitted by the Service. We shall not be responsible for any failure, delay or interruption in your use of the Service, including without limitation: System crashes; computer malfunctions; hardware or Software faults; system errors; security breaches; theft; telecommunications problems; fire, flood, civil disturbance or any other event commonly referred to as an "Act of God". To the extent allowed by law, we disclaim all liability, whether in contract or tort, for any loss or damage arising from your use of the Service, including the suspension or interruption of such use, or the termination of such use pursuant to this Agreement. In any case, our maximum liability for damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not include any incidental, consequential, exemplary or punitive damages, including without limitation, damages resulting from lost Scripts, messages, undelivered, deleted, loss of revenues, profits, goodwill, time or savings.
    
    Nothing in these terms is intended to derogate from any rights users may have under any statutory or legislative provision.
18. Non-Waiver.
    If we fail to insist upon strict performance of any obligations by you, or if we delay in exercising any of our rights or remedies under this Agreement, our failure or delay shall not constitute a waiver or variation of such obligations or a waiver of any such rights or remedies.
19. Modifications.
    We reserve the right to update or change these Terms of Service from time to time to reflect changes in the Service, changes in the laws affecting the Service, or for other good reasons. You are responsible for regularly reviewing these terms and conditions, and any updates and changes thereto, on the Dolphin website. Continued access to, or use of, the Service after any such update or change shall constitute your consent to such update or change. Unless explicitly stated otherwise, any new features that change or improve the Service shall be subject to these Terms of Service, as modified from time to time.
20. Severability.
    Each clause in this Agreement is severable in whole or in part. If any clause is determined to be illegal or unenforceable for any reason, we reserve the right to modify such clause, but only to the extent necessary to make it legal and enforceable. If modification is not possible without materially altering the intent of the clause, we shall sever such clause from this Agreement and, if possible, adopt such other means to reflect our original intent. Notwithstanding such severance, the balance of this Agreement shall continue in full force and effect as if such severed clause was never a part thereof.
21. Legal Jurisdiction.
    English and United States laws shall govern this Agreement.