YOUR KNOWLEDGE OF, UNDERSTANDING, ACCEPTANCE AND ADHERENCE TO THIS AGREEMENT AND THAT OF OUR ASSOCIATED “F.A.Q.” DOCUMENT IS REQUIRED BY YOU IN ORDER TO VIEW THIS WEBSITE OR MAKE USE OF THE CONTENTS WITHIN.
You understand and agree that by using the Site (fourthperspective.com) or any content within, you agree to be bound by these terms and conditions, our F.A.Q., and any other agreement you are required to enter into with Fourth Perspective in conjunction with your participation in the Site. If you do not agree to these terms and conditions, please do not use the Site or the Services. This Agreement is made between Fourth Perspective and you, as a registered member or visitor ("you"). The words "you", "your" and “the user” shall also mean heirs, executors, administrators, successors and legal representatives.
You are under no obligation to upload work, including but not limited to, any ideas, designs, artwork, sound recordings, literary and/or audiovisual works, text, graphics, computer programs or other software (the "Work") to Fourth Perspective and do so of your own volition, in doing so you grant to fourthperspective.com, and its successors ("Fourth Perspective") a non-exclusive right and license to (a) encode, digitize and store the Work; (b) perform, display, copy, transmit, and broadcast the Work; (c) publicize, advertise and promote the Work; (d) place advertising before, during and after the display of the Work; (e) use the name, likeness, voice and biography of you and/or any person rendering services in connection with the Work, in connection with the promotion and advertising of the Work or its related rights. However, you understand and agree that Fourth Perspective is under no obligation to display, reproduce, or distribute the Work and may remove the Work from fourthperspective.com at anytime without notice.
Fourth Perspective reserves the right to periodically revise the terms of this Agreement by updating this page. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on the Site. Your use of the Services after such notice will be deemed acceptance of such changes. Fourth Perspective, however, will not fundamentally alter the scope of the rights granted to it without your consent. Accordingly, you should periodically visit this page to review the current terms of this Agreement.
The “Fan-Fiction” related works on this site are purely fan appreciation and personal expression, and are not now, nor ever meant to infringe upon the respective company's copyrights to those characters. The works within may not represent the characters in the way that their respective owning companies wish to have them represented; therefore said art is not necessarily an accurate representation of said character's personalities or physical traits. No literature within the site should be taken as canon. No literary work within is meant to depreciate their characters in any way, and is only meant to heighten appreciation for the represented characters. No harm is or ever will be intended or affected towards the financial earnings of the respective companies' merchandising, representation, or production of said characters as a result of the works presented. All rights of the respective owning companies towards the represented characters are reserved; existence of their likenesses on this site shall not, in the present or in the future, be interpreted as voiding any rights of ownership, copyright, or production of the respective owning company.
At no time may you take ANY WORK OTHER THAN YOUR OWN from Fourth Perspective WITHOUT PERMISSION and use any work on Fourth Perspective for any other site. You may NOT link to the URL of any related pages, instead referring others who may be interested in the contained material (and for whom it is legal and permissible under the above paragraphs to view this site) to http://www.fourthperspective.com ONLY!!
You acknowledge and understand that Fourth Perspective frequently creates and/or receives independent submission of material that may be similar to or identical to the Work in theme, idea, characters, titles, dialogue, plot, slogans, scripts, plans, or other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical material and/or ideas, and that our acceptance of your Work shall not be deemed to limit any rights Fourth Perspective may have as members of the general public with respect to the Work, public domain material or otherwise. You have submitted the Work voluntarily and not in confidence or in trust. YOU ACKNOWLEDGE THAT NO CONFIDENTIAL, FIDUCIARY, AGENCY OR OTHER RELATIONSHIP OR IMPLIED-IN-FACT CONTRACT NOW EXISTS BETWEEN YOU AND FOURTH PERSPECTIVE AND THAT NO SUCH RELATIONSHIP IS ESTABLISHED BY YOUR SUBMISSION OF THE WORK TO FOURTH PERSPECTIVE HEREUNDER. You shall not have the right to use, nor authorize the use of, the Fourth Perspective name, in any manner or means whatsoever.
While using the Site and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any submission or other material). You acknowledge and agree that we have the right to monitor Fourth Perspective and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly; to protect Fourth Perspective, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests.
If the personal information supplied to us by you, required to create a user account on Fourth Perspective, is found to be false, Fourth Perspective reserve the right to limit or terminate your access to the site at our discretion.
You further agree to indemnify and hold Fourth Perspective, its subsidiaries and affiliates, directors, officers, employees, agents, shareholders and partners harmless from any and all claims, actions, demands, judgements, settlements, liability, loss, damages, including reasonable legal fees and expenses suffered or incurred by Fourth Perspective as a result of a third party claim to rights in the Work and any liability based upon the Work whatsoever
You represent and warrant to Fourth Perspective that (a) you have the legal right to enter into this Agreement and to grant to Fourth Perspective the rights granted herein and the Work is free and clear of all liens, claims and encumbrances; (b) Fourth Perspective's exploitation of the rights granted to it herein shall not infringe any right of any third party; (c) Fourth Perspective shall not be obligated to obtain any consents from any third party nor to pay any sums to any third party as a result of Fourth Perspective's exploiting any of the rights granted to Fourth Perspective herein; (e) there is no claim, action, suit or proceeding relating to the Work or the underlying material pending or threatened before any court, administrative or governmental body; (f) you have acquired, and hereby grant to Fourth Perspective, all rights in and to any and all underlying material to the Work necessary to effectuate the purposes of this Agreement; (h) you have acquired all music rights and music clearances which are required with respect to the music contained in the Work and that no supplemental or additional use payments shall be required with respect to the exploitation of the Work and/or any advertising or promotion thereof which contains the music as embodied in the Work; (i) The content of the Work is not obscene, or pornographic, it does not invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations.
This Agreement embodies the entire agreement between the parties; there have been and are no agreements, representations, or warranties between the parties other than those provided expressly herein and the F.A.Q. document. This Agreement shall not be changed or modified in whole or in part, except by a written agreement signed by the parties hereto.
The Site and the Services are owned and operated by Fourth Perspective and others pursuant to contractual arrangements. You acknowledge and agree that all content and materials available on the Site and in the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content from the Site or the Services in any way. Modification or use of any materials contained on the Site or in the Services is a violation of Fourth Perspective’s copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Services. The following trademarks: FOURTH PERSPECTIVE, and all associated logos, graphics, images and domain names, including, without limitation, fourthperspective.com, are the trade names, trademarks, service marks, logos, and/or domain names of Fourth Perspective. You agree that you will not challenge the respective ownership rights of Fourth Perspective or any third party in or to the Fourth Perspective Marks or any third party marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Fourth Perspective Marks or third party marks contained on the Site or in the Services.
You must also agree to submit to the exclusive jurisdiction of the courts in the State of New South Wales, Australia in the event a dispute should arise regarding any breach of representations and warranties or any of the terms contained herein. In the event any portion of this Agreement is unenforceable or violatative of any statute, law or ordinance, that portion shall be severable and the balance of the Agreement shall remain valid and of full force and effect. This Agreement may not be altered, modified, changed, rescinded or terminated in any way except by an instrument in writing signed by the parties hereto. In the event of a breach of this Agreement by Fourth Perspective your sole remedy is termination of the Agreement. You waive any and all rights that you may have under any laws or statutes, worldwide, that concern moral rights in connection with the your submission. You understand that the Work described herein may be used in a manner that contains adult themes, nudity and/or violence, and you have no objection to same use.
You understand that the Work may be made available for download on the Internet for a fee or otherwise, and hereby consent to such. You further understand that due to the nature of the Internet medium, the Work may be downloaded and reproduced by Internet users and agree and confirm that the Fourth Perspective shall have no liability whatsoever for an infringement of your rights by an Internet user who downloads and/or uses the Work in an unauthorized fashion.
In the Event of Merger, Sale, or Bankruptcy
In the event that Fourth Perspective is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
You understand that by continued use of website and services herein you represent and warrant to Fourth Perspective that you are of the age of eighteen (18) years or older on and that all of the biographical information relating to yourself is truthful.