Terms and rules

TMGClan Terms of Service

Welcome to TMGClan (“we,” “us,” “our”), a community operated on the XenForo platform. By accessing or using this website and its services (“Platform”), you agree to these Terms of Service (“ToS”), which form a legally binding contract between you (“user,” “member,” “you”) and TMGClan. If you do not agree with any provision of these Terms, do not use the Platform.

1. Acceptance of Terms and Changes

By registering for, accessing, or using the Platform, you acknowledge and irrevocably accept these ToS and our Privacy Policy. TMGClan reserves the right to amend these ToS at any time. Amendments take effect immediately upon posting or as otherwise specified. Continued use after amendments constitutes your acceptance. It is your obligation to periodically review this document.

2. User Eligibility, Account Registration, and Security

  • Users must be at least 13 years old or the minimum age required in their jurisdiction for consent to digital services.
  • Accurate, current, and complete information is required for registration.
  • You are solely responsible for maintaining the confidentiality of your credentials and for all activities under your account.
  • You agree to promptly notify TMGClan of any unauthorized use or security breach.

3. User Obligations and Acceptable Use

You expressly agree not to engage in activities deemed harmful, unlawful, or disruptive, including, but not limited to:

  • Posting, transmitting, or accessing content that is defamatory, abusive, obscene, hateful, harassing, threatening, discriminatory, or otherwise objectionable.
  • Sharing copyrighted or trademarked material without the requisite rights or permission.
  • Engaging in illegal activity, solicitations, or activities violating any law or regulation.
  • Disseminating spam, advertisements, or unsolicited promotions not approved by TMGClan.
  • Attempting to disrupt, damage, or interfere with the Platform’s functionality or security.
  • Impersonating others or providing false information.

TMGClan reserves the right to determine, in its sole discretion, what constitutes a violation of these obligations.

4. Content Ownership, User Content, and Licensing

  • All software, platform design, logos, trademarks, and original content are the exclusive property of TMGClan or its licensors and protected by intellectual property laws. Unauthorized use is strictly prohibited.
  • By submitting, posting, or displaying any content (“User Content”) to the Platform, you grant TMGClan a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, display, adapt, modify, distribute, translate, prepare derivative works of, and perform your User Content for any purpose related to the operation, improvement, or promotion of the Platform.
  • You retain ownership of your User Content but grant aforementioned rights. You warrant that you have all legal rights, licenses, and permissions to grant this license and that such content does not infringe the rights of any third party.
  • TMCClan may remove or edit User Content at its sole discretion, with or without notice, and bears no obligation to store, backup, or retain any User Content beyond operational necessity.

5. Content Moderation, Enforcement, and Platform Rights

  • TMGClan may, but is not obligated to, monitor, review, or pre-screen content and user activity.
  • TMGClan reserves full and sole discretion to remove, edit, restrict, block, or disable any content or user account at any time for any reason, including actual or suspected breach of these ToS, legal compliance, or potential harm to the Platform or third parties.
  • Repeated or significant violations may result in account suspension or termination and permanent exclusion from the Platform.
  • TMCClan is not liable for any losses or damages resulting from enforcement actions, content decisions, or account suspension/termination.

6. DMCA Notice and Takedown Procedure

In compliance with the Digital Millennium Copyright Act (“DMCA”), TMGClan responds to valid notices of alleged copyright infringement. If you believe your copyrighted work is being infringed, provide a written DMCA notice including all required elements to our designated DMCA Agent. Upon valid notice, we may remove or restrict access to the material and may terminate repeat infringers’ accounts.
Counter-notices may be submitted if you believe material was removed in error, per DMCA guidelines.

To file a DMCA notice, email the Platform Administrator in a Direct Message. Include: (a) identification of the copyrighted work, (b) identification of infringing material, (c) your contact info, (d) a statement of good faith belief, (e) a statement under penalty of perjury regarding accuracy, and (f) your signature.

7. Intellectual Property Policy and Copyright

  • TMCClan’s proprietary content and trademarks may not be copied, reproduced, distributed, or exploited for commercial gain except as expressly authorized in writing.
  • Users must not upload or share any material that infringes any copyright, patent, trademark, trade secret, or other proprietary right.
  • TMGClan reserves the right to take any appropriate action against infringers, including account suspension, removal of content, and, where necessary, cooperation with law enforcement.

8. Third-Party Content and Links

The Platform may reference, display, or link to third-party websites, content, or services. TMGClan does not endorse or assume responsibility for any third-party materials and shall have no liability for losses or damages arising from their use. User conduct and content on third-party platforms remain outside TMGClan’s control.

9. Disclaimers of Warranties; Limitation of Liability

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TMGCLAN DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY.

IN NO EVENT SHALL TMGCLAN, ITS AFFILIATES, STAFF, OWNERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, BUSINESS, GOODWILL, OR USE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TOTAL CUMULATIVE LIABILITY IN ANY EVENT SHALL NOT EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS EXCLUSION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

10. FTC and Consumer Protection Disclosures

TMGClan complies with the Federal Trade Commission (FTC) guidelines regarding commercial and sponsored content, endorsements, and user reviews. Any sponsored content or affiliate link will be clearly disclosed. The Platform does not guarantee the accuracy of user-contributed reviews, testimonials, or statements and is not liable for third-party advertising or opinions expressed by users.

11. Termination, Suspension, and Survival

  • TMGClan may, at its discretion, suspend or terminate your account and/or access to the Platform, with or without notice, at any time and for any reason, including but not limited to violations of these ToS or legal requirements, inactivity, or to protect the Platform or its users.
  • Upon termination, all licenses and rights granted to you under these ToS immediately cease. You remain responsible for any outstanding obligations or fees, and certain provisions (including Sections relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and governing law) shall survive any account or agreement termination.

Users may request voluntary account termination by contacting support. TMGClan is not responsible for data recovery or retention post-account closure.

12. Dispute Resolution, Governing Law, and Jurisdiction

These ToS are governed by the laws of United States of America, without regard to its conflict of laws provisions. Any disputes or claims arising from or related to these ToS, your use of the Platform, or any related service shall be resolved exclusively through binding arbitration or in the state and federal courts in the Users residing State, and you consent to the personal jurisdiction and venue of such courts. TMGClan may elect to require that all disputes be resolved through final and binding arbitration, with costs shared as determined by the arbitrator.

If any provision of these ToS is unenforceable or invalid, the remaining provisions shall remain in full force and effect.

13. Changes to the Terms of Service

We reserve the right to modify, amend, or update these ToS at any time. Notice of changes may be provided via the Platform, email, or other reasonable methods. By continuing to access or use the Platform after such changes, you accept and agree to the revised ToS.

14. Contact and Notices

For questions, DMCA notices, or other legal inquiries, please contact: TMG Manic.

Thank you for being part of TMGClan. Please review and abide by these Terms to help ensure a safe, compliant, and welcoming community.

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