Difference between revisions of "Bravo Fleet Legal Policy"

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Revision as of 20:23, 9 June 2022

This article is official Bravo Fleet Official Policy.









Fan Production Notice

Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan-made production intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.

Privacy Policy

Bravo Fleet (“Service”, “We” or “Us”), the administrator of www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com and the Bravo Fleet Discord, collects and uses personal information solely for the purpose of providing an online collaborative writing environment. Where feasible, We collect personal information only with the knowledge and consent of the individual concerned (“Individual”), and, if the Individual notifies us that they wish to revoke their consent, We will make a best effort to remove all personal information related to the Individual from our Service.

This Privacy Policy, along with our Cookie Policy, Do Not Track Policy, and Your California Privacy Rights page, define in full how Bravo Fleet collects, manages and processes an Individual’s personal information.

What information is collected?

“Required Member Information”: When an Individual signs up for the Service (becoming a “Member”), We collect the Member’s name, age, email address, language, location and/or timezone.

“Optional Member Information”: We allow a Member, at their discretion, to provide a website, profile picture, biography, interests, occupation, title and/or additional contact information.

“Access Logs”: When an Individual visits the Service, We collect incidental personal information in the Service’s logs including the Individual’s IP address and user agent.

How is information collected?

Required Member Information and Optional Member Information are collected with an Individual’s consent when the Individual signs up for the Service or edits their account within the Service. In order to participate in the Service, a Member must provide all Required Member Information. A Member may provide a pseudonym instead of their real name, if they do not wish to disclose their real name.

Access Logs are collected by our web server and web application when an Individual uses the Service.

Why is information collected?

Required Member Information is collected in order to allow a Member to participate in the Service. A Member’s name, email address, language, location and timezone may be listed on their profile. A Member’s email address will also be used to contact the Member on topics directly related to the Service. A Member’s age is only used to confirm the Member meets the legal requirements to participate in this Service.

Optional Member Information is collected in order to allow a Member to share more details about themselves to other Members of the Service.

Access Logs are collected for diagnosing technical problems with our Service. In rare situations, We may also use Access Logs to ban an Individual found to be acting inappropriately with the Service, including, but not limited to, violating the rules of the Service, placing an undue burden on the Service or violating applicable laws (“Inappropriate Use”).

With whom is information shared?

A Member’s name, email address, language, location, timezone and Optional Member Information are shared with other Members of the Service through the Member’s user profile.

Access Logs are generally not shared, although they may in rare circumstances be shared with Bravo Fleet or Digital Ocean (“Host”) to diagnose technical problems or when an Individual is reasonably believed to have committed Inappropriate Use of the Service.

The Service or the Host may share personal information with relevant law enforcement authorities as required to comply with applicable laws. The Service will notify the Individual, if permitted by applicable laws, when this occurs.

The Service will not share any personal information with any other parties without the Individual’s consent.

How is information protected?

We protect all personal information using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We are committed to managing the Service in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Upon request from an Individual, we will make readily available information about our practices and policies relating to the management of personal data.

How long is information retained?

Required Member Information and Optional Member Information is retained as long as the Individual remains a Member of the Service.

Access Logs may be retained for diagnostic purposes beyond the time an Individual remains a Member of the Service, unless the Individual contacts Us to remove this information.

How can information be removed?

A Member may submit a request to [[1]] to have their account deleted and all Required Member Information and Optional Member Information removed from the Service. This will cause them to no longer be a Member.

An Individual may submit a request to [[2]] to have all information in the Access Logs removed.

The Service cannot ensure that other Members do not personally retain Required Member Information or Optional Member Information shared to these other Members through the Service as described in this Policy.

Hosting Terms of Service

  • You acknowledge that Bravo Fleet has full control and ownership over your website. Bravo Fleet Staff may, at their discretion, without restriction and without notice to you, reuse the name, registry number, stories, and website of the game you managed in Bravo Fleet.
  • You agree not to display copyrighted content, including any images, videos, themes, or other materials, on your Bravo Fleet website.
  • You agree not to use programs, code, or processes that disrupt Bravo Fleet's services.
  • You agree not to sue or threaten legal action against Bravo Fleet upon termination of services.
  • Violation of these terms will result in immediate termination of your hosting account.

Donation Policy

  • Funds shall be solicited in a respectful manner and without pressure.
  • Proceeds shall be stored in a Conservator-owned Fleet PayPal account.
  • Proceeds shall be used only to maintain and expand Bravo Fleet Services.
  • The Bravo Fleet Admiralty reserves the right to reward donors with special perks.
  • All monthly donors shall be listed on Bravo Fleet's Credits page.

Cookie Policy

Bravo Fleet (“Service”, “We” or “Us”), the administrator of www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com and the Bravo Fleet Discord, uses cookies solely for the purpose of providing an online collaborative writing environment.

Cookies are small pieces of text sent back and forth between your web browser and a website you visit. A cookie file is stored in your web browser and allows the Service to recognize you and make your next visit easier and the Service more useful to you. Cookies can be “persistent” or “session” cookies.

When an Individual accesses or uses the Service, the Service may place a number of cookies in the Individual’s web browser. We use both session and persistent cookies. Specifically, We use cookies to authenticate Individuals and prevent fraudulent use of accounts, and We use cookies to remember an Individual’s email address when prompting the Individual to log in again.

Do Not Track Policy

Bravo Fleet (“Service”, “We” or “Us”), the administrator of www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com and the Bravo Fleet Discord, does not track Individuals over time to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals.

Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information byBravo Fleet (“Service”, “We” or “Us”), the administrator of www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com and the Bravo Fleet Discord, to third parties for the third parties’ direct marketing purposes. To make such a request, please email [[3]].

COPPA Policy

In compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not accept players under the age of 13. Any players found to be under the age of 13 will be immediately removed without question. By using the Service, you are affirming that you are 13 years of age or older.

Intellectual Property Policy

Bravo Fleet makes all material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) hosted on a core web service of the Fleet, including www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com, fns.bravofleet.com and the Bravo Fleet Discord (collectively, the “Services”), except where Content is explicitly marked as excluded, available under the Creative Commons Attribution-NonCommercial 4.0 International License.

The full text of the Creative Commons Attribution-NonCommercial 4.0 International License may be found here: https://creativecommons.org/licenses…/4.0/legalcode.

The following is a summary of the Creative Commons Attribution-NonCommercial 4.0 International License. It is not a license and has no legal value. You should carefully review the terms and conditions of the actual license before using licensed material:

You are free to:

  • Share – Copy and redistribute the material in any medium or format
  • Adapt – Remix, transform, and build upon the material

Under the following terms:

  • Attribution – You must give appropriate credit, provide a link to the license, and indicate if any changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • NonCommercial – You may not use the material for commercial purposes.
  • No Additional Restrictions – You may not apply any legal terms or technological measures that legally restrict others from doing anything the license permits.

With the following considerations:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

By submitting any material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, “Your Content”) to the Services, You agree that Your Content may be provided by the Service under the Creative Commons Attribution-NonCommercial 4.0 International License as defined in Web Content Policy – Content Supplied by You.

By submitting Your Content to the Service, you agree that you have the right to license Your Content as defined in the Web Content Policy – Content Supplied By You and, to the extent allowed by applicable law, You agree to accept all liability, including but not limited to punitive and financial responsibility, for any damages that may result from an infringement of copyright or any other reasons for Your Content submitted to the Service.

This policy does not include the productions of Star Trek, Star Trek: The Next Generation, Star Trek: Deep Space Nine, Star Trek: Voyager, Star Trek: Discovery, nor the various logo devices, characters, stories, related images, sounds or other works derived from or in association with these productions. Additionally, this policy does not include Content explicitly noted as exempt from this policy nor Content that, by law, cannot be restricted by this policy.

This policy does not apply to any website not explicitly covered under this policy, including member simulations. These sites may define their own policies around intellectual property.

Web Content Policy

Bravo Fleet administers a set of core web services for the Fleet, including www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com, fns.bravofleet.com and the Bravo Fleet Discord (collectively, the “Services”), for any individual who access or use the Services (“You”). The following policy governs how content is made available to You through the Service and how Bravo Fleet handles content supplied by You through the Service.

Content Available Through The Services

You acknowledge that Bravo Fleet does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Bravo Fleet liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Content Supplied By You

You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution-NonCommercial 4.0 International License and may be used under the terms of that license or any later version of a Creative Commons Attribution-NonCommercial License, or (b) is in the public domain (such as Content that is not copyrightable), or (c) if not owned by you, (i) is available under a Creative Commons License equivalent or less restrictive than the Creative Commons-Attribution-NonCommercial 4.0 International License, (ii) or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright.

Bravo Fleet may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Bravo Fleet) does not impact any rights you granted in Your Content under these terms.

Copyright Infringement Notification Policy

Bravo Fleet (“Service”, “We” or “Us”), the administrator of www.bravofleet.com, forums.bravofleet.com, wiki.bravofleet.com, academy.bravofleet.com and the Bravo Fleet Discord, abides by the U.S. Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of Our response, We may remove or disable access to material residing on the site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with the Service’s rights and obligations under the DMCA, including, in particular, section 512(c), and do not constitute legal advice.

File a Notice of Infringing Material

To file a notice of infringing material on this site, please provide a notification containing the following details:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature.

Then send this notice by email to: Emily Wolf (DMCA Agent) [[4]].

File a Counter-Notification

If material that you have posted to this site has been taken down, you may file a counter-notification that contains the following material:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • Your name, address and telephone number;
  • A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Bravo Fleet may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
  • Your physical or electronic signature.

Then send this notice by email to: Emily Wolf (DMCA Agent) [[5]].

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAVO FLEET OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BRAVO FLEET DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAVO FLEET DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRAVO FLEET BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF BRAVO FLEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAVO FLEET IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Bravo Fleet, its officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.