Terms of Service
From HN Wiki
This page contains official Hogwarts Now policy, and can only be edited by administrators.
Hogwarts Now Online User Service Agreement
The Hogwarts Now website (tm) (hereinafter “we”, “us”, “our”, “Hogwarts Now”, “http://hogwartsnow.com”, “Hogwarts Now website”) is an online information and communication service, used by a web browser on your personal computer and connecting your computer to Hogwarts Now's computer facilities by means of a modem or other Internet connection method. Hogwarts Now is owned and operated by Alex Kramer, Daniel Parson, and their appointed staff and/or volunteers (“Hogwarts Now” and “Hogwarts Now Staff”). The modules, translations, creatures and other unique features of Hogwarts Now are ©2008-2010 Alex Kramer and Daniel Parson. NO PART OF THIS WEBSITE MAY BE REPRODUCED IN ANY MANNER WITHOUT PERMISSION FROM THE OWNER(S). HARRY POTTER, characters, names, and all related indicia are trademarks of Warner Bros. ©2001-2010.
By completing the registration process, you become an authorized user of Hogwarts Now (a “Member”). To become a Member, you must agree to all the terms and conditions contained in this Agreement and your continued acceptance of this Agreement is a condition of membership.
If you accept the terms of this Agreement, please click the 'Create your character' button on the registration page. If you do not accept the terms of this Agreement and do not wish to become a Member, please click 'Login' on the registration page to discontinue the registration process and return to the login page. You may print and keep a copy of this Agreement. For your convenience, we will also keep a current version of this Agreement on a page accessible via the “Terms of Use” link at the bottom of every page. BY COMPLETING THIS REGISTRATION PROCESS, YOU AGREE TO THE TERMS OF THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Section 1: Information and Assistance
If you have any questions about Hogwarts Now or this Agreement, please first consult the Daily Prophet, FAQs, and Site Rules. If your query is not answered there, send your questions using the “Petition for Help” link, or send an eMail to support@hogwartsnow.com.
Section 2: Membership Restricted to Individuals Over 13
Membership in Hogwarts Now is restricted to individuals who are 13 years of age or older. By registering, you certify that you are above this age. If you are the parent or guardian of a minor, you may authorize your minor to use your account, but you will be fully responsible for the minor's online conduct, for controlling the minor's access to and use of Hogwarts Now and for the consequences of any use or misuse. For more information, please read the Children's Online Privacy Protection Act of 1998 at http://coppa.org/coppa.htm.
Section 3: Your Hogwarts Now Name
During registration, you will be asked to select a Hogwarts Now Member Name; i.e. the name that will identify you to others while online. Please use good judgment in making this selection. You may not select a name: (i) that is vulgar, sexually explicit or otherwise violates the Hogwarts Now Rules (see Section 5); (ii) to impersonate someone else; or (iii) that violates another's copyright, trademark, right of publicity or other proprietary right. If anyone brings a claim, lawsuit, or other action based on your Hogwarts Now Member Name, you, and not Hogwarts Now, will be responsible. Note: As this is a Harry Potter fan site, Harry Potter themed names fall under fair use, and may be used.
Section 4: Your Password
You are responsible for maintaining the confidentiality of your own Hogwarts Now Password. For maximum security, you should select a password that is meaningless except to you, change it frequently and guard it with care. If you believe someone has accessed your Hogwarts Now account without your authorization, notify Hogwarts Now Staff immediately by sending notice to support@hogwartsnow.com; you will remain responsible for all charges associated with your account until you do so.
Section 5: Conduct in Hogwarts Now
To ensure that Hogwarts Now is a place all Members can enjoy, one that encourages open discussion on a wide range of issues and expression of diverse viewpoints, Members are asked to carefully review the Hogwarts Now “Site Rules” which are posted on the website (click the 'Site Rules' link at the bottom of any Hogwarts Now page). Among other things, Hogwarts Now Site Rules prohibit unlawful, threatening, abusive, libelous, obscene or hateful conduct or statements, including conduct or statements that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You agree that you and anyone you authorize to use your Hogwarts Now account, will fully comply with the Hogwarts Now Site Rules while in Hogwarts Now. Hogwarts Now Staff may amend the Hogwarts Now Site Rules from time to time by giving notice to Members as set forth in Section 14. Hogwarts Now Staff may monitor conferences, forums, discussion boards, chat, software libraries and other public and private areas in Hogwarts Now to ensure that Members comply with Hogwarts Now Site Rules. Any conduct that in Hogwarts Now Staff's sole discretion restricts or inhibits any other Member from using and enjoying Hogwarts Now will not be permitted. Hogwarts Now Staff may remove or hide any objectionable materials or communications you have posted, and/or may give a warning to you, and/or may immediately terminate your Hogwarts Now account.
Although the Hogwarts Now Site Rules prohibit use of obscene and sexually graphic language in public areas, private areas in Hogwarts Now may contain language some Members find offensive. We advise you to use your discretion when entering private areas in Hogwarts Now. It is against Hogwarts Now's policy to monitor or review private eMail sent or received by Members, or to disclose the content of any eMail other than to the sender or intended recipient, unless required to do so by law (Hogwarts Now reserves the right to cooperate fully with government and law enforcement officials in any investigation relating to any content, including eMail, transmitted in Hogwarts Now). However, note that private messages within Hogwarts Now may be monitored for compliance with Hogwarts Now Site Rules.
Section 6: Content Available in Hogwarts Now
Hogwarts Now offers it Members access to information, materials, products and services provided by third party publishers (“Publishers”). Some Publishers require that you agree to additional terms before accessing the information, materials, products or services they offer, and they may change these terms from time to time. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO DOWNLOAD, READ AND BE BOUND BY A PUBLISHER'S SPECIAL TERMS WHENEVER YOU ACCESS OR DOWNLOAD INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THAT PUBLISHER'S CONTENT OR SERVICE AREA.
We caution to use your best judgment in evaluating information, opinions, products and services offered by Publishers, Members and other third parties in Hogwarts Now. Please remember that Hogwarts Now Staff does not endorse, warrant or guarantee any product or service offered by a third party in Hogwarts Now. Any opinion expressed in Hogwarts Now by a Publisher, Member or other third party is that of the originator and is not necessarily the opinion of Hogwarts Now Staff. Hogwarts Now Staff and its Publishers may add, change, discontinue or remove information, materials, products or services offered in Hogwarts Now at any time without notice. Each Publisher determines the prices and features of any products and services it offers to Members in Hogwarts Now and the length of time it will offer these products and services. Hogwarts Now cannot guarantee the availability or price of any featured product or service. Orders received for a product or service a Publisher has featured in Hogwarts Now will be fulfilled by the Publisher. The Publisher or its designee will deliver the product or service to you and collect payment from you directly. You should direct any questions you may have about the status of your order, how to return merchandise, etc. to the Publisher directly. Hogwarts Now will not mediate disputes nor assume responsibility for any outcome.
Section 7: Copyrights
Many materials published in Hogwarts Now are protected by copyright and other laws. You may download and save a copy of any text file (e.g. document, article) or graphics-format file published in Hogwarts Now on your computer and print a paper copy for your own personal use. BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT YOU WILL NOT SELL, REDISTRIBUTE, REPUBLISH, REBROADCAST, PUBLICLY DISPLAY OR PUBLICLY PERFORM ANY COPYRIGHTED MATERIAL PUBLISHED IN HOGWARTS NOW WITHOUT THE COPYRIGHT OWNER'S EXPRESS PERMISSION, EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAW. Some copyright owners may expressly grant permission to do some or all of these things, either in the document or file itself, in the area in Hogwarts Now containing the document or file, or in the Publisher's special terms and conditions. If not, you must obtain permission directly from the copyright owner. Software files published in Hogwarts Now may be subject to the terms of a license agreement or shareware terms. Please read any accompanying software license or shareware terms carefully before downloading the software file. BY DOWNLOADING AND/OR USING A SOFTWARE FILE POSTED IN HOGWARTS NOW, YOU ARE AGREEING TO BE BOUND BY THE APPLICABLE SOFTWARE LICENSE OR SHAREWARE TERMS. IF YOU DO NOT AGREE TO LICENSE OR TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD THE SOFTWARE.
It's against the law and against the Hogwarts Now Site Rules to place all or part of someone else's copyrighted material in Hogwarts Now unless you have obtained the copyright owner's permission or the usage falls under “fair use” rules. If you upload copyrighted material to Hogwarts Now without the owner's permission, you may expose yourself to actions for copyright infringement and Hogwarts Now Staff may suspend or terminate your Hogwarts Now account. Any doubt should be resolved by obtaining permission or a license from the copyright owner. The consequences of making a wrong decision can be severe.
If you believe that your property has been used on Hogwarts Now in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact Hogwarts Now at the email address specified in Section 14 of this agreement. In your email, please provide the following: (I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (II) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (III) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, (IV) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (V) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (VI) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By placing information, materials, software or other content in a public area in Hogwarts Now, you grant Hogwarts Now and the Publisher of that public area a perpetual, non-exclusive, royalty-free license to copy, publish and distribute such content, and to permit Hogwarts Now Members to download and copy such content for their own personal use. Subject to this license, you retain any rights you may have in such content.
Section 8: Modifications to this Agreement
Hogwarts Now Staff may, from time to time, make changes to this Agreement by giving notice to Members as set forth in Section 14. By continuing to use the Service after Hogwarts Now Staff has given notice of changes to the Member Agreement, you agree to be bound by such changes. A Member may not modify this Agreement without Hogwarts Now's express written consent.
Section 9: Termination of Your Account
If you wish your Hogwarts Now account to be terminated, simply do not login using that account. After a buffer time period, your Hogwarts Now account will be terminated by our account auto-deletion process, and all stored information concerning you will be deleted. Hogwarts Now reserves the right to terminate any Member's Hogwarts Now account or restrict a Member's access to Hogwarts Now at any time for any reason. Upon termination of your Hogwarts Now account, your license to use the Hogwarts Now software and web site is also terminated.
Section 10: Indemnity
You agree to be responsible for your own actions in Hogwarts Now and to indemnify and hold Hogwarts Now Staff harmless from any claims and expenses, including reasonable legal and professional fees, arising from or in connection with your use of Hogwarts Now, including any statements you make in Hogwarts Now, any documents, files, software or other materials you place in Hogwarts Now, your violation of any applicable laws or regulations, and any violation of this Member Agreement.
Section 11: Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HOGWARTS NOW IS PROVIDED “AS IS” AND THAT YOUR USE OF HOGWARTS NOW IS AT YOUR SOLE RISK. NEITHER HOGWARTS NOW STAFF, LICENSORS, OR PUBLISHERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (I) THAT HOGWARTS NOW WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN HOGWARTS NOW WILL BE CORRECTED, (II) REGARDING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE IN HOGWARTS NOW OR THAT HOGWARTS NOW STAFF, ANY OF ITS, LICENSORS OR PUBLISHERS, OR ANY MEMBER OR OTHER THIRD PARTY MAY OFFER OR DELIVER TO HOGWARTS NOW MEMBERS, (III) REGARDING RESULTS YOU MAY OBTAIN FROM USING HOGWARTS NOW OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OFFERED OR ACCESSIBLE IN HOGWARTS NOW, OR (IV) THAT ANY SOFTWARE OR OTHER FILE OFFERED OR ACCESSIBLE IN HOGWARTS NOW WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND THEY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section 12: Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HOGWARTS NOW STAFF, OR ANY OF ITS, LICENSORS OR PUBLISHERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE HOGWARTS NOW, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR OMISSIONS IN OR INCOMPLETENESS OR OBSOLESCENCE OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OFFERED IN HOGWARTS NOW, ANY INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION, ANY CORRUPTION OR DELETION OF FILES, ANY UNAUTHORIZED ACCESS TO OR DESTRUCTION OF HOGWARTS NOW RECORDS, PROGRAMS, OR SERVICES OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HOGWARTS NOW STAFF BE LIABLE FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACTIONS OR INACTIONS OF A PUBLISHER, MEMBER, OR OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section 13: Export Laws
Hogwarts Now may contain information and software which is controlled for export under applicable United States laws and regulations. Hogwarts Now Staff does not warrant that the service or information contained in Hogwarts Now may be accessed by non-U.S. citizens or downloaded to points outside of the United States without the prior approval of the United States Government. You are responsible for compliance with applicable laws and regulations when you peruse, upload and/or download Hogwarts Now information. If you fail to comply with this provision, Hogwarts Now Staff may suspend or terminate your account immediately without notice. We urge you to seek professional advice regarding specific, individual situations.
Section 14: Notices
Any notices from Hogwarts Now Staff required or permitted by this Agreement will be given to you by: (i) private message to your Hogwarts Now account; (ii) the eMail address you supplied upon registration; or (iii) a general posting to all Members online in Hogwarts Now's Daily Prophet and/or other public areas. Any notices you are required or permitted to give to Hogwarts Now Staff under this Agreement must be sent either using the “Petition for Help” feature, or by electronic mail to support@hogwartsnow.com.
Section 15: Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the use of Hogwarts Now. If any provision of this Agreement is determined to be invalid, all other provisions will remain in full force and effect.
Date Effective: February 19, 2010
