1. Agreement to Terms:
This site is owned and operated by Twilight Run.com. The contents of this Web site are © Starship Guide and Twilight Run. All rights reserved. All stories, characters, artwork, logos, information, names, and other elements associated thereto are the sole and exclusive property of Twilight Run.com and Twilight Run. The contents of the Web Site are only for your personal, non-commercial use. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from Twilight Run, is expressly prohibited. The creation of derivative works based on the materials contained herein is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Twilight Run's copyright and other proprietary rights.
Twilight Run contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, currentness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. Twilight Run reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
Twilight Run contains links and pointers to other Internet sites. Links to and from Twilight Run to other third party sites, maintained by third parties, do not constitute an endorsement by Twilight Run or any of its subsidiaries or affiliates of any third party resources, or their contents. Furthermore, Twilight Run makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk.
Twilight Run does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If at our request you send certain specific submissions (e.g., postings to surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") shall be deemed and shall remain the property of Twilight Run in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Twilight Run the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Twilight Run chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Twilight Run relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
This Web Site may contain contests or other promotions that require you to send material or information about yourself. Please note that contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any contest or promotion on this Web Site.
7. Use of Site Communications:
In connection with your use of any of the bulletin boards or other public communication elements of this site, you may not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of this site must only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You acknowledge that transmission to and from Twilight Run are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Twilight Run, no confidential, fiduciary, contractually implied or other relationship is created between you and Twilight Run other than pursuant to this Agreement.
8. Disclaimer of Warranties:
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWILIGHT RUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TWILIGHT RUN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWILIGHT RUN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TWILIGHT RUN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TWILIGHT RUN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF TWILIGHT RUN OR AN TWILIGHT RUN AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TWILIGHT RUN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE).
You hereby agree to indemnify, defend and hold Twilight Run, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Twilight Run reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
Twilight Run reserves the right to immediately terminate your use of, or access to, this Site at any time if Twilight Run decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Twilight Run considers to be inappropriate or unacceptable. Twilight Run may also in its sole discretion and at any time discontinue providing this site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof may be effected without prior notice, and you agree that Twilight Run shall not be liable to you or any third-party for any such termination.
The failure of Twilight Run to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web site shall be filed only in the state or federal courts in and for Brazoria County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.