Who We Are
MxRP is a chat service for roleplaying and out of character discussion of roleplaying of both fan and original characters.
MxRP is hosted and developed by The Waterfall Collective, a part of The Overseer Project. MxRP forms its own division within the group.
What We Stand For
Inclusion - Our primary goal is to create an inclusive and tolerant space for roleplayers of all stripes to discover and create fictional interactions and narratives with one another.
Privacy - We are committed to maintaining the privacy and anonymity of all members of our community so that they may express themselves through fictional interaction without censure. We will never sell or distribute the information you provide to the website in any way, shape, or form.
Freedom - We believe in freedom of expression in roleplay interactions that are written with the intent of embracing a fictional stance, setting or character.
Protection - We will strive to create tools so that our users may protect themselves from bullying and harassment that takes place out of character or through roleplays where the primary intention, to the best of our ability to determine, appears to be to cause other users harm or grief.
Control – Group chat moderators have the right to run their chats as they see fit, as long as the chat does not violate the ToS content policy. Chat moderators are responsible for dealing with any problems that occur within their chats that violate chat rules. We will not interfere in personal disagreements or chat moderation, unless they extend beyond the scope of a chat moderator or individual users' ability to block access to an individual or group they are experiencing a problem with (e.g. if a user circumvents a ban placed by the chat moderators, they may be banned from the site itself.)
These TOS constitute the entire agreement between you and MxRP with respect to your use of the Service (MxRP) and MxRP’s sites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MxRP with respect to MxRP’s sites. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.
The ToS and the relationship between you and MxRP, and all disputes arising out of or related to it shall be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. You and MxRP agree to submit to the personal and exclusive jurisdiction of the courts located within The United Kingdom and to waive any objection to the laying of the venue there.
MxRP's failure to enforce any part of the ToS will not waive MxRP's ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.
If any portion of these ToS is deemed unenforceable, unlawful or void by a court of competent jurisdiction, then that portion of the ToS will be deemed severable and will not affect the enforceability or validity of the remaining portions of this ToS. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the parties' intentions as reflected in the provision and that the other provisions of the ToS remain in full force and effect.
As a condition of your use of MxRP’s site(s), you hereby agree to indemnify and hold MxRP and its officers, directors, members, principals, investors, agents, and employees harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of the ToS. You agree to indemnify, defend and hold harmless MxRP, its parent, subsidiary and affiliated entities and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorney’s fees) arising from or in connection with your use of the Site and/or any violation of these ToS. You agree that your representations and warranties and your obligation to indemnify MxRP shall survive beyond any term that these are in effect.
You agree that no joint venture, partnership, employment or agency relationship exists between you and MxRP as a result of this ToS or use of MxRP’s site(s).
MxRP’s performance of these ToS is subject to existing laws and legal process, and nothing in this ToS is in derogation of MxRP’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MxRP with respect to such use.
By reviewing or using the information on MxRP’s site(s) after accessing such site(s), you represent and warrant that (a) you have the authority to enter into this ToS and create a binding contractual obligation, (b) you understand and intend this ToS to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on MxRP’s site(s) in a manner consistent with applicable laws and regulations and in accordance with this ToS, as MxRP may amend them online or otherwise from time to time. A printed version of this ToS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this ToS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MXRP or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Agreement with Terms of Service
By engaging in, in character (IC) roleplay or out of character (OOC) chatting, you agree to abide by the Terms of Service. Any content including text, images, other digital media, and links must comply with the Terms of Service.
Updates to Terms of Service
MxRP may change the Terms of Service at any time. Any changes to the Terms of Service will be reviewed and approved by the entire MxRP staff. Some changes may also be submitted to the community for review, in the sole discretion of the staff, once an appropriate method of soliciting user opinion has been designed. Notification of changes to the Terms of Service will be posted in the Announcements and MxRP Waterfall Blog.
Subject to amendments of the update process by MxRP staff, the amendment process described in the foregoing paragraph is the only means by which the Terms of Service may be amended, altered or otherwise modified. The Terms of Service cannot be amended, altered or otherwise modified by any other means, including e-mails or oral communications with you. Any amendment, alternation or other modification to the Terms of Service that is not made in accordance with the process described in the foregoing paragraph shall be null and void.
Potential Issues with MxRP
MxRP provides services, including the character search and group chats, on an "as is" and "as available" basis. MxRP does not warrant and is under no obligation whatsoever to ensure (that is, does not make a legally binding promise) that our services will meet your requirements; that our services will be uninterrupted, timely, secure, or error-free; or that the results you get from using the services will be accurate, reliable, or satisfactory to you. Our goal is to provide the best possible service to users of the site, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for and are not liable in any way for any eventualities.
Any material or other information you download, view, or otherwise access through MxRP services or sites is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material or information.
MxRP 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. The ToS govern your use of MxRP's services, and therefore no communication from anyone associated with MxRP will create any warranty that isn't expressly stated in the ToS.
You expressly agree that MxRP shall not be liable to you for any losses or damages of any kind (even if MxRP has been advised of the possibility of such losses or damages) resulting from the services, including but not limited to your use of or inability to use the services; unauthorized access to or changes in content or information you submit; and the acts and statements of third parties who use the services.
You agree that MxRP shall not be liable to you or any third party for any termination of or limitation on your access to MxRP services. MxRP may change, end, or put on hiatus services or parts of services at any time for any or no reason.
You agree that MxRP shall not be liable to you for any claim arising out of content you make available, your use of the Service, your connection to the Service, your use of the ToS, or your violation of any rights of another.
In other words, MxRP is not liable to you for allowing you to post content, download content, or do other things with MxRP services. MxRP does not assume whatever legal risks you face by posting, viewing, or doing other things with content.
Valid e-mail address
As part of your registration, you agree to provide an accurate and current e-mail address and to update the address as necessary. If your e-mail address is inaccurate or not current, MxRP may suspend your account. Unless there are other circumstances, such as voluntary deletion by a user, Content provided by suspended accounts before the suspension will not be removed.
By registering or otherwise using an e-mail address in connection with MxRP, you assert that the e-mail address is not listed on any child protection registry.
Unacceptable User Behavior
You agree not to use MxRP services (including the e-mail addresses and URLs of MxRP’s sites):
to make available any Content that violates the Content Policy;
to impersonate any person or entity, including, but not limited to, an MxRP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity (in character roleplay is not subject to this policy);
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the MxRP services (headers and identifiers are defined as information actually used or intended to be used to route or authenticate Content, and do not include Content that simulates identifiers as part of a roleplay, such as a fictional e-mail exchange);
to make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement (we follow The Organization for Transformative Work’s position on fanwork legality);
Content You May Come Across While Using MxRP
MxRP or users of its services may provide links to other sites. MxRP has no control over such sites, and you agree that MxRP is not responsible for and does not endorse their content or availability.
You understand the MxRP does not pre-screen Content or review it for purposes of compliance with the ToS. This includes but is not limited to chat information, chat content, text, graphics, comments, or any other material. Content is the sole responsibility of the people who submitted it. You understand that using MXRP may expose you to material that is offensive, triggering, erroneous, sexually explicit, indecent, blasphemous, objectionable, grammatically incorrect, or badly spelled.
You recognize that MxRP does not endorse Content on the Archive in any way, except when material appears as an official statement of MxRP. No committee members, officers, or directors of MxRP are acting in an official capacity when they engage in roleplay, out of character discussions, or other Content of the type generally provided by site users.
MxRP is not liable to you for any Content to which you are exposed on or because of the MxRP.
How MxRP Uses Your Content
MxRP does not claim any ownership or copyright in your Content. Repeat: we do not own your Content. Nothing in this agreement changes that in any way. Running MxRP, however, requires us to make copies, and backup copies, on servers that may be located anywhere around the world.
You agree that we can make those copies and show your Content to other people, subject to your privacy settings. Specifically, by submitting Content, you grant MxRP a world-wide, royalty-free, non-exclusive license to make your Content available. "Making available" includes distributing, reproducing, performing, displaying, compiling, and modifying or adapting.
Modifying and adapting here refer strictly to how your work is displayed—not how it is written, drawn, or otherwise created. But because your Content may be transmitted over various networks, we may have to make changes to the formatting or display of your Content in order to adapt to the technical requirements of different networks or devices. Multimedia content may not display properly on all devices. In some circumstances, we may make changes to improve accessibility. For example, we may automatically convert HTML tags to our standard forms (e.g., changing "bold" HTML to "strong"). Or we may make special provisions for accessibility, such as allowing you to use non-standard fonts but also providing an alternate format for those who cannot read such fonts. We may use an internal search engine whose results display relevant snippets from your Content.
You acknowledge and agree that MxRP may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the ToS; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of MxRP services' users and the public.
In general, MxRP seeks to provide users with tools to regulate their own exposure and access to content as well as means to block users and content that make them uncomfortable.
Content filters and word filters exist for character search. Content filters and privacy settings exist for group chats.
There are four content filter options as described below.
All users must use content filters appropriately both to shield themselves from content they do not wish to see and mark their own content so that only those who wish to encounter it will see it. Repeated use of the incorrect content filter may result in warnings, suspensions or bans from the website. Entering a content filter to harass other users for roleplaying content a user finds unpalatable may result in suspensions or bans from the website.
Some words and phrases commonly used by spammers and griefers have been blacklisted from the website, but with these exceptions, content is not screened. Complaints will be investigated if submitted through the support center with all necessary information.
Permitted and Prohibited Chat Content
The content and moderation of group chats is the exclusive province of the chat owners and moderators. MxRP will not interfere in how a group chat is run except in specific cases:
Chats should be centered around either in character or out of character discussion of roleplaying. Other chats may be permitted to remain, provided they do not violate the terms of service, but should not be listed publicly in the group chats listing.
Chats that are designed to promote bullying, hate, prejudice, criminal activity, or self-harm are not permitted on the website.
Chats that are designed to distribute information about fans and members of the community are not permitted.
Chats that exist to promote commercial services are not permitted.
Chats that are not permitted under the terms of service may be terminated and creators and participants may be suspended or banned.
How We Handle Abuse Reports
When a ticket is sent into the support center, it is assigned to a member of the support team. If allegations are made that require further investigation, the support team member may either request this from the user submitting the report, or if necessary, go on the main MxRP website to speak with those involved, review chat logs, and gather any other information as necessary to determine whether the Terms of Service have been violated and how to proceed.
We cannot accept screenshots as evidence of abuse, nor can we accept reports about sites other than MxRP. A user submitting a report should provide as much information as possible in order to expedite the process of reviewing the case. Relevant information can include the user numbers of all parties involved in a dispute, links to chat logs that show evidence of behavior that is against the TOS, and usernames of the parties involved, if such evidence is known.
Within technical limitations, we will not discuss cases or distribute information about them to parties not involved in them. We will not violate the privacy of users by looking at Private Messages (PMs) or chats and groups marked at the highest security setting unless it is absolutely necessary to make a determination about a case.
Abuse reports are discussed among staff to make the best determination of how to handle them and to make sure that all are in agreement with the measures taken. During the investigation process, support team members will keep a record of the dispute and this record will be regularly audited to ensure that the process was handled in a fair and judicious manner.
Material for these Terms of Service has been drawn from Archive of Our Own and Dreamwidth.
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