Terms of Use & Posting Guidelines

Effective 7/6/2012

Unofficial Tex Murphy ("the Website" or "UTM") is a fan site operated by James LeMosy ("the Webmaster") and is dedicated to the Tex Murphy series of adventure games. UTM enables registered visitors to engage in open forum discussions and to contribute audio and visual media related to the Tex Murphy series. By accessing the Website you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not wish to be bound by any of the Terms of Use, you are prohibited from using or accessing this site.


The Webmaster may change these Terms of Use as needed, so be sure to check back periodically. Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that the Webmaster may discontinue or change the Website at any time, without notice. You also understand and agree that the Webmaster may discontinue or restrict your use of the Website for any reason without notice and without any liability to you. In addition, when using the Website, you shall be subject to any posted guidelines or rules applicable to the Website, which are hereby incorporated by reference into these Terms of Use (see "Posting Guidelines" below).


Fair Use Notice: The Website contains copyrighted material, the use of which has not always been specifically authorized by the copyright owner(s). The Website makes use of such material and makes such material available in order to promote awareness of the Tex Murphy series of adventure games and makes no claim to such material. The Webmaster believes this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.


You agree that your access to, and use of, the content available on the Website is on an “as-is”, “as available” basis. The Website includes facts, views, opinions and recommendations, and the Website does not necessarily endorse these views, opinions and recommendations. The Website specifically disclaims any representations or warranties, express or implied, as to the Website and the content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. The Website will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Website and its content. In no event will the Website be liable to you or anyone else for any decision made or action taken by you in reliance on any content appearing on the Website. The Website shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.


The Website may contain hyperlinks to web sites operated by persons other than the Webmaster. You agree not to hold the Webmaster responsible for the content or operation of such web sites. A hyperlink from the Website to another web site does not imply or mean that the Webmaster endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Website.


In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Website of any unauthorized use of your password or account or any other breach of security. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5 or any other Section of this Terms of Use. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


As pertains to the Website, a "Post" refers to any content added to the Website in any format, including use of the Website's private messaging system. The Posting Guidelines are rules meant to provide everyone with a level playing field and reasonable expectations for open and frank engagement. Confirmed violations of the Posting Guidelines will result in Warnings. An accumulation of three (3) Warnings will result in account deactivation ("Banning"), which may be temporary or permanent, depending on the level of offense and taking into account the specific circumstances surrounding the Ban. The one exception for this is spamming, which will result in an immediate Ban. Any activity considered to be a violation of the Posting Guidelines, and the administration of any Warnings and/or Bans, are at the full discretion of the Webmaster.

The Posting Guidelines are as follows:

1. Posts will not violate the Website's Terms of Use
2. Posts will not include "NSFW (Not Safe For Work)" content, including (but not limited to) the following:
  • Nudity, partial nudity, or adult content
  • Graphic image content
  • Graphic text content
  • Illegal content of any kind
3. Posts will not contain ad hominem or personal attacks against other users, including (but not limited to) the following:
  • Hate speech
  • Verbal abuse or harassment
  • Sexual abuse or harassment
  • Suggestion or implication of illegal acts
4. Posts will not contain content generally accepted as intentionally inflammatory (i.e. "trolling")
5. Posts will not include excessive use of words or terms generally accepted as offensive and/or profane
6. Posts will not contain public or private contact information not belonging to the user, or links to such content, no matter how easily obtained

You agree to be fully responsible for your own content. The Website acts as a venue for you to Post your content. While the Website has the right to refuse to post or remove, edit or abridge any content for any reason, it is otherwise not involved in the writing or decisions as to the content of its users. As a result, the Website has no control over the quality, accuracy or legality of the content on the Website. All content posted on the Website is the sole responsibility of the person from whom such content originated. Because the Website is a venue, in the event that you have a dispute with a user of the Website, you release the Website and its officers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree to indemnify and hold the Website and its officers harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms of Use.