Sycophant Hex owns and operates SycophantHex.com and SHIllusions.com (collectively "SH" or "site".) SH provides the site for individuals, including but not limited to writers and Harry Potter fans, to write and draw works inspired by the HP books, and to discuss HP books, movies, and any news related to HP.
2. Acceptance of Terms
By using this service, you agree to be bound to the following Terms of Service ("TOS"), which may be updated from time to time with no advance notice from SH.
The most recent version of the TOS can be viewed at any time on the Sycophant Hex's web site.
3. Description of Service
SH is an archive for fan fiction, original fiction and fan art. We provide a screening service for fiction and art, storage for members' fiction and art, and a system for reviewing, rating, searching, and contacting other members. On the SH Forum, members may interact and discuss various topics. In order to use this service, you must have access to the World Wide Web and a compatible web browser.
4. Registration Obligation
By creating a new user account (registering), you certify that:
A. You will abide by any and all posted rules appearing on the web site.
B. You will abide by all applicable laws regarding use of this service.
C. You are at least 18 years of age, and are able to provide an accurate birth date verification of such.
D. You will provide accurate, complete and current information in all required registration fields. If any of your registration information changes, you will update this information as soon as possible.
i. If we determine any of your registration information is inaccurate or incomplete, we reserve the right to terminate your account at any time and without prior notice.
We do not collect or store any information about members except for what the member provides. This information is not sold to or used by any third parties. Any information you provide us will be used solely for our internal use, such as contacting you with information directly relating to SH.
You agree to indemnify and hold SH, and its subsidiaries, affiliates, owners, officers, agents, co-branders, administrators, moderators or other partners and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
7. Site Content
All content posted to SH is the responsibility and property of the author or artist. By posting your content you are giving SH non-exclusive publishing rights to your writing and art. These rights are terminated when your content is removed.
You, the user, agree that:
A. You will not post any content that you do not own or that is illegal in your area of residence.
i. Should you post any content that is determined to be illegal or in violation of any of SH's rules or policies, we reserve the right to take any action necessary to remove said content, up to and including removing your user account.
ii. You understand that, while we will make an effort to warn members before corrective action is taken, it is not our responsibility or obligation to do so, and content that is in violation of any laws, rules or policies may be removed without any prior notice.
B. While SH does not exercise editorial control over user-supplied content, you agree that SH may remove or edit content at any time for any reason, with or without notice. You agree that SH is not liable for any damages suffered by you from this action.
i. You understand that SH does review and regulate user-submitted content for non-validated authors; validated authors found posting any illegal content will be in violation of these Terms of Service, and SH shall have the right (but not the obligation) to remove any such content and discontinue your service without notice.
C. You understand that all characters in stories submitted to SH who are depicted in a sexual context must follow the following rules, or be found in violation of these Terms of Service:
i. The characters must be at least seventeen (17) years old, beginning May 10, 2005.
ii. All characters depicted in a sexual context in stories posted before May 10, 2005, must be at least sixteen (16) years old.
iii. Reference to physical or sexual abuse of children under the age of seventeen (17) may be included within the story only as required for background information. No graphic details may be included.
8. Member Conduct
You agree you will NOT use this service to:
A. Upload, post or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable, as determined by SH and its designees; this includes content directed at SH as a whole or any of its representatives.
B. Upload, post or otherwise make available content that you do not have the legal right to transmit under any law or under contractual or fiduciary relationships. This includes but is not limited to:
i. Inside information;
ii. Proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
iii. Any unsolicited or unauthorized advertising, promotional material or other form of solicitation;
iv. Any material that contacts software viruses or any other computer code files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment.
C. Interfere with or disrupt the service or servers or networks connected to the service.
D. Intentionally or unintentionally violate any applicable local, state, national or international law.
E. Stalk, harm or otherwise harass other users.
F. Make personal attacks [flames], including but not limited to abusive, obscene or harassing language.
G. Impersonate any person or entity.
i. If any user is found to be in violation of the letter or spirit of these terms, SH retains the right to take corrective action, up to and including deleting the user's account.
9. Disclaimer of Warranties
You expressly understand and agree that your use of the service is at your own risk. The service is provided on an "as is" and "as available" basis. SH expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SH makes no warrant that:
A. The service will meet your requirements.
B. The service will be uninterrupted, timely, secure, or error-free.
C. The results that may be obtained from the use of the service will be accurate or reliable.
D. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
E. Any errors in the software will be corrected.
You understand that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SH or through or from the service shall create any warranty not expressly stated in the TOS.
10. Limitation of Liability
You expressly understand and agree that SH and its designees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
A. The use or the inability to use the service.
B. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
C. Unauthorized access to or alteration of your transmissions or data.
D. Statements or conduct of any third party service.
E. Any other matter relating to the service.
Please report any violations of the TOS to the SH Help Desk
The TOS may be updated at any time without prior notice. By using the service, you agree to be bound by these revisions.
TOS, revised October 2006