Terms and Conditions - IMPORTANT please read - An RPG Maker Community

All of the content and services within this website are protected by copyright and other intellectual property laws. The Content is intended for the personal use of users of the Service only. While you may interact with or download a single copy of any portion of the Content for your personal, non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of the administrator of PhanXgames. If there is material that does not include proper citation, contact the administrator with proof of such violation and the material will be removed as soon as possible. Unless such action is taken, PhanXgames takes no responsibility for submissions or other material that violate copyright. With so many resources being added to the collection, PhanXgames cannot be responsible for filtering each for infringement. Therefore, PhanXgames leaves the obligation to the authors and other concerned parties to notify the site with any improper citation or usage.

PhanXgames respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PhanXgames will respond expeditiously to notices of alleged infringement that are reported to PhanXgames Designated Copyright Agent, thephantom@phanxgames.com

DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the PhanXgames website where such material may be found.

3. Provide your email address, and any other means of contacting you.

4. Include both of the following statements in the body of the Notice:

* "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

* "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to PhanXgames's Designated Copyright Agent:

Henry Price
PhanXgames Designated Copyright Agent
thephantom@phanxgames.com
or PM thephantom via Forum

PhanXgames does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. PhanXgames reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, PhanXgames will also terminate users whom it determines to be repeat infringers.

By generously donating to PhanXgames you are helping us to maintain the site and server, for which we thank you. However, donating money is just that; a donation. Money given will not result in advancement in the community, or give you any form of control over the site or the staff. It is an act of generosity, not a business deal. Proceeds receive will go toward upgrading and maintaining the PhanXgames site and server. If you believe that your funds are being used unjustly, contact the administrator with a list of grievances. Filing such a grievance, however, does not guarantee a change in the usage of funds, it merely acts as a suggestion. All decisions regarding donated funds are ultimately the responsibility of the administrator.

PhanXgames Forums and chat rooms are provided to allow users to exchange ideas, discuss and engage in community based activities. PhanXgames does not sanction the truth or reliability of any advice, opinion, statement or information posted on these forums [message boards or chat rooms] and assumes no liability for their contents. Please be respectful of other individuals using these forums. Do not use offensive, abusive or bigoted language. You may not use the PhanXgames forums for advertising or promotional materials or other forms of solicitation outside of the specifically designated forums for such use. Thanks to our dedicated forum staff, all messages and postings (outside of the private message system) are monitored. However, PhanXgames takes no liability for any content posted in said areas, but reserves the right to delete, edit or otherwise move any messages, which have been deemed against the rules. PhanXgames strictly enforces a NO SPAM and NO FLAMING policy. For the use of this policy, SPAM will be defined as posts with no meaningful content AND/OR repetitive content and FLAMING will be defined as the use of abusive language or terminology that is deemed offensive to a recipient party including but not limited to racist or sexist remarks. If you find user or third party material on PhanXgames that you believe to be in violation of the above, please contact an administrator or moderator.

To transgressors, warnings will first be issued, followed by either revocation of privileges or banishment from the site.

Furthermore, PhanXgames takes no responsibility for vulgar or obscene material found on the Game Projects section of the site. PhanXgames does, however, reserve the right to remove such offensive material without notice. PhanXgames also holds said right if copyrighted materials are not given due credit.

Submitted reviews and tutorials are to be examined thoroughly by either the administrator of PhanXgames or the head of those respective departments. Said content containing obscene or vulgar language, sexist or racist comments, or otherwise demeaning content will not be approved by PhanXgames under any circumstances. Furthermore, the adminsitrator or the head of those respective departments reserve the right to delete tutorials or reviews without needing to provide the author/submitter with legitimate reason, an at-will right.

Content found in these respective sections reflect the views of the author/submitter and not the views of PhanXgames as a whole.

If a reader encounters a problem with either the tutorials or reviews, he/she is to contact the staff of PhanXgames immediately and the problem will be dealt with according to PhanXgames policy.

PhanXgames has officially terminated web hosting services. However, currently running accounts will adhere to the following policies.

The administrator of PhanXgames reserves the right to terminate any Web hosting account without prior notice and without needing to give reasoning for said termination.

No copyrighted, illegal, obscene, vulgar, or otherwise offensive material may be presented on sites supported by PhanXgames Web hosting. Offenders may be given a warning asserting that they must remove the material in a specific timeframe, though such a warning is not necessary before the administrator terminates the account, as stated above.

Users of PhanXgames Web hosting that seeks to create a site whose goals are similar to PhanXgames (including but not limited to reviews, RPG maker tutorials and support forums, resources, and an online multiplayer RPG), must seek approval from the administrator prior to presenting such material. Users who violate this policy may have their accounts terminated at the will of the administrator without warning.

By placing material on or communicating with the PhanXgames forums or submitting material for publication you hereby grant to PhanXgames and related entities the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, duplicate, alter, exhibit, distribute and replicate all such resources in any form, medium, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold PhanXgames harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant PhanXgames the right to use your name and "alias" in connection with the duplication or distribution of such material.

If this policy appears too severe and you are hesitant to submit submissions to PhanXgames due to it, we may be able to negotiate more agreeable terms with you individually. These policies are set to protect PhanXgames. However, we are always open to discuss these policies anytime in order to work out a more agreeable solution for all parties. Get in contact with the administrator to begin such negotiations.

Additionally, PhanXgames provides many web storage solutions; including Web Hosting, Project Hosting, Resource Hosting, and the ability to store textual content such as Reviews, Tutorials and Articles. All content uploaded, stored, and hosted on the PhanXgames web site should be backed up and not solely stored on the PhanXgames server. We are not responsible for loss of data in the event of a server crash or mishandling of data. Please keep your own copies of everything you submit.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER PHANXGAMES, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND PHANXGAMES SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. PHANXGAMES, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES, EVEN IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE OR KNOWN.

PhanXgames reserves the right at their discretion to alter these Terms of Service. Your continual use of the site and all services provided by the site after any such change to the Terms of Service shall constitute your agreement to be bound by any such changes. The Site may modify, suspend, halt or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. These Terms of Service will be administrated by and interpreted in accordance with the laws of the state of Virginia in the United States of America, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts in the Province and County where PhanXgames is located, within one year after the cause of action arises or else the cause will be expelled.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS PLEASE DESIST IN USING THE SITE AND ITS FUNCTIONS AND RESOURCES IMMEDIATELY