Disclaimer
Disclaimer All content, information and opinions (collectively, the "Material") presented on Outburst at http://www.Outburstnow.com (OUTBURST) are those of the authors of posts and messages (collectively, the "participants") and not Outburst. Outburst does not guarantee the reliability, completeness, accuracy, timeliness or up-to-date-ness of the material presented. The material is published "as is", and does not represent the official views and opinions of Outburst. Any reliance upon the Material presented on these forums shall be at User's own risk. Outburst does not review the substance of the content posted by users on these forums and is therefore not responsible for any of such content. Outburst merely provides a space for its users to express and exchange their own opinions. NOTICE THAT by submitting the post(s) on the Forum the participant grants Outburst the copyright of the material submitted. Any solicited or non-solicited idea, suggestion, or comment that is mentioned in this discussion forum becomes the intellectual property of Outburst and might end up in one of it's products or services without credit or monetary consideration given to the originator of the idea. ROMS: All game files stored here are for the purpose of preservation and archival reproduction. Computer programs and video games distributed in formats that original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. As stated above this site provides these files for the purpose of preservation and archival reproduction, which is permitted by the above legislation. These exemptions went into effect upon publication in the Federal Register on November 27, 2006. As such, by using/downloading ANY files from Outburst you are contractually agreeing to the following: (1) You own a license for any ROM / image you use/download; (2) You will NOT distribute any of these files; (3) You will NOT attempt to make any profit from any of these files; (4) You agree to the fact that all ROMs and images are hosted by us in good faith, and we can NOT be held responsible if users download files illegally; (5) You acknowledge that all files on this site are provided "as is" and we can NOT be held responsible if these files affect your system in any way. Section Two (17 U.S.C. § 108) Title 17; United States Copyright Law, Chapter 1 Section 108 (a) allows the use of archives to produce a copy (and subsequently distribute said copy) in the event that it does not result in commercial advantage, that the collection of the archive is open to the public, and that the reproduction of the copyrighted work retains the copyright notice of the holder of the copyrighted work. This right extends to unpublished works, provided that the archive has an original copy of the work in question. Section Three (17 U.S.C. § 117) Title 17; United States Copyright Law, Chapter 1 Section 117 allows the owner of a copy of a computer program to make another copy provided that the copy is created as an essential step in the utilization of the computer program, and the copy is for archival purposes only. Section Four (Sony v. Universal) As made precedent in Sony v. Universal, the creation of complete backup copies made for the purposes of time-shifting is fair use for noncommercial purposes. For all intents and purposes, the definition of "commerce" is "The trading of something of economic value such as goods, information, services, or money between two or more entities." The following disclaimer and terms of use apply generally to all postings to the Outburst Forum. It is hereby also understood that any person posting to Outburst will have been presented with this disclaimer and terms of use prior to doing so and, as such, be subject to its terms: CONDITIONS OF USE: You are entirely responsible and liable for all postings to Outburst. Listed below are some, though not all, violations which may result in Outburst deleting your postings. You agree not to do any of the following actions while posting to Outburst: (1) harass, threaten, embarrass or slander any person or entity; (2) transmit via Outburst any information, data, text, files, links, software, chat, communication or other materials ("Content") that Outburst considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; (3) impersonate in Outburst any business or person, living or dead, famous or not yet so; (4) disrupt the normal flow of dialogue in the Forum or otherwise act in a manner that negatively affects other users; (5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and (6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Outburst or in connection with your use of Outburst in any manner. INTELLECTUAL PROPERTY: You agree that you will not upload or transmit any Content to Outburst and Forums that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. You alone are responsible that you indeed have the right to submit Content to Outburst/Forums. CONTENT: You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Outburst shall not be responsible for any Content. Outburst does not prescreen or monitor all Content as a matter of policy, but Outburst shall have the right, but not the responsibility, to remove Content which is deemed in Outbursts’ sole discretion harmful, offensive, or otherwise in violation of this Agreement, national or international legislation or any rules Outburst has in place at the time. Outburst may elect at its sole discretion to monitor some, all, or no areas of Outburst for adherence to this Agreement or Outbursts’ rules. As some jurisdictions do not enforce the abovementioned limitations as such, these terms might not apply to you. In such case that any provision of this disclaimer shall be found to be void, invalid or unenforceable, the remaining provisions shall in no way be affected or impaired thereby. WHAT TO DO: If you witness a posting that violates these terms, please email the offending person's identification and cut and paste the relevant content into an email to max@Outburstnow.com. Outburst cannot guarantee that any action will be taken as a result of your email. Please refer to this Disclaimer page from time to time for any updates Outburst may make to it. CHAUCH BAGS: Outburst is not intended for use by “Chauch Bags” in-whole or in-part. Save yourself the trouble and turn back now.