All content with their obvious exceptions are (C) 2008-2009 Jesse Elkins/ Lake In The Dark Productions.
No portions of this website may be used (With the exception of critical review) in any form without the Author's permission. (Generally we like if you ask us before hand anyways.)
The Author is in no way affiliated with anyone *This includes websites/Fan sites Ect. mentioned on this site or anywhere else unless specifically mentioned as such.
If any image is copyright, other then our own work we do not sponsor/endorse (not affilated with this site).
Same goes with anyone who is listed on the blogroll or as friends.
Dr. N 2005 - is registered in the USA under Jesse Elkins / Lake In The Dark Productions. All content including but not limited to: world setting, concepts, artworks, graphic novels, video games, music characters, programming, web design and documents are property of Jesse Elkins .Any use of our content outside of the server has to be pre-authorized first. Violation of the copyright or our pay-only sections will entail technical and legal counter-measures.
TOS
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Lake In The Dark. (The Author* *Jesse Elkins.*) By using the site, you agree to be bound by this Agreement, you are a "Visitor" (which means that you simply browse the Dr. N Website) The term "User" refers to a Visitor or a Member. You are only authorized to use the website (regardless of whether your access or use is intended) if you agree to abide by all
Due to legal restraints We (I) cannot accept or consider any creative materials, ideas, suggestions, concepts, notes or artwork (collectively, the "Materials") other than those that are specifically requested by JesseElkins / Lake In The Dark. If despite this policy, you do submit any Materials to JesseElkins / Lake In The Dark, such Materials shall be deemed to become, and shall remain, the property of JesseElkins/Lake In The Dark and you agree that JesseElkins/Lake In The Dark shall own all rights, title and interest in such Materials. JesseElkins/Lake In The Dark will not be required to keep the Materials confidential, and shall not be liable for any use or disclosure of all or any part of the Materials. In addition, JesseElkins/Lake In The Dark/DrNterprises shall not be restricted in any way in its use of the Materials and shall owe no compensation to you or any other person or entity for any such use of the Materials.
Applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Lake In The Dark Website and discontinue use of the Lake In The Dark immediately.
This Agreement includes The Author's policy for acceptable use of the Lake In The Dark and Content posted on the Lake In The Dark Website, your rights, obligations and restrictions regarding your use of the Lake In The Dark and The Author's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the Lake In The Dark in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
The Author may modify this Agreement from time to time and such modification shall be effective upon posting by The Author on the Lake In The Dark Website. You agree to be bound to any changes to this Agreement when you use the Lake In The Dark after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
“People We Like” Websites
The Author assumes no responsibility or liability for their material. All copyrights and trademarks are property of their respective owners.
The Author reserves the right, in his sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Lake In The Dark at any time, for any or no reason, with or without prior notice, and without liability. Lake In The Dark expressly reserves the right to restrict, suspend, or terminate your access to any part of Lake In The Dark.
Permissions: Meaning the material and any material added to this site are copyright and trademarked Jesse Elkins ( The Author) and may not be re-used, modified, or transmitted in any other form of media or language withought express permission from the author. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information.
IN NO EVENT SHALL The Author, Lake in The Dark or any of its Affiliates. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE.
Indemnity. You agree to indemnify and hold Lake In The Dark or (The Author), its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Lake In The Dark or (The Author) in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Lake In The Dark or (The Author) Website or through the Lake In The Dark or (The Author) causes Lake In The Dark or (The Author) to be liable to another.
This Agreement is accepted upon your use of the Lake In the Dark website.
The failure of The Author to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Dr. N is a trademark of Jesse Elkins (The Author). This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
1 Unless otherwise agreed in writing with *The Author*,( Jesse Elkins) your agreement with Author will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Author will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Author in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Author in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Author will treat your use of the Services as acceptance of the Terms from that point onwards.
4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Author has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Author.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Author
4.1 Author has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Author itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Author is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Author provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Author may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Author's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Author when you stop using the Services.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Author will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Author, unless you have been specifically allowed to do so in a separate agreement with The Author. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with the Author, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that The Author has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Author may suffer) of any such breach.
Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to The Author for all activities that occur under your account.
7 If you become aware of any unauthorized use of your password or of your account, you agree to notify The Author immediately at Lakeinthedark@gmail.com
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to The Author (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Author or by the owners of that Content, in a separate agreement.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that The Author has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which The Author may suffer) by doing so.
If you have been given an explicit right to use any of these brand features in a separate written agreement with The Author, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and The Authors brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by The Author you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Ending your relationship with The Author
13.1 The Terms will continue to apply until terminated by either you or The Author as set out below.
13.2 If you want to terminate your legal agreement with The Author, you may do so by (a) notifying The Author at any time and (b) closing your accounts for all of the Services which you use, where The Author has made this option available to you. Your notice should be sent, in writing, to The Author’s address which is set out at the beginning of these Terms.
13.3 The Author may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) The Author is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom The Author offered the Services to you has terminated its relationship with The Author or ceased to offer the Services to you; or
(D) The Author is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by The Author is, in The Author’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect The Author’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Author have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, The Author , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSOR'S DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Author OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 The Author FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Author , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH The Author MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE The Author WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON The Author ’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT The Author HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by The Author on the Services are subject to change without specific notice to you.
17.3 In consideration for The Author granting you access to and use of the Services, you agree that The Author may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. The Author may have no control over any web sites or resources which are provided by companies or persons other than The Author .
18.2 You acknowledge and agree that The Author is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that The Author is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 The Author may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, The Author will make a new copy of the Universal Terms available
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, The Author will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and The Author and govern your use of the Services (but excluding any services which The Author may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Author in relation to the Services.
20.3 You agree that The Author may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if The Author does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Author has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Author ’s rights and that those rights or remedies will still be available to The Author .
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which The Author is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with The Author under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and The Author agree to submit to the exclusive jurisdiction of the courts located within the county of Dubuque, Iowa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Author shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.