Legal Stuff
By nick15 [December 2, 2019 - 02:37]
[Last Updated: December 9, 2019 - 07:44]  

The following serves as a notification for any visitor to this website ("(the) Visitor"), made by the owner of this website, Philippe Van Lieu ("(the) Owner"), of the Privacy Policy, Cookies Policy, Terms of Service, Copyright Notice, and other important legal statements (collectively "this Page") for this website, Pokémon Aaah! ("PA!").

 


 

GENERAL NOTES:

  • Pokemon Aaah!, or PA!, is a fan-made website for the video game franchise, Pokemon, developed/owned/distributed by Game Freak, Inc., Nintendo Inc., Creatures, Inc., The Pokemon Company, Inc., or any of its affiliates, licencees, or subordinates ("Pokemon's owners").
  • PA! is not affiliated with, endorsed by, sponsored by, or otherwise supported by Pokemon's owners.
  • PA! is owned by the Owner, Philippe Van Lieu, of Daly City, California, USA.
  • While other people have been involved in the creation of content, community management, web design, or other aspects of PA!, none of them are currently involved with it; only the Owner is.
  • PA! has been online since April 10th, 1999, and has remained in existence continuously since that day.
    • PA! was known as "FakeCard.com" for a period between March and May 2004.
    • Between May 2004 and January 2012, ALL updates on PA! had ceased, and PA! existed only as an archive of its content during that time.
    • A completely new version of PA! was created from scratch and went live January 2012, and was sporadically updated until November 2019. Its former content remained on its archived versions, or located on other websites such as Bulbapedia, the PokeGym, and PokeBeach. (For the record, those websites were allowed to use PA!'s content, but were not granted exclusive rights to them, and therefore does not prevent PA! from reusing any of its own content later on.)
    • Finally, regular updates on PA! returned on November 2019.
    • For the purposes of continuity, none of these interruptions, name changes, or transfer of content to a third-party is neant to imply that PA! has ceased to exist during that time. Ultimately the Owner never ceased claiming ownership of, and/or the right to use, any content that appeared on PA! or was sent to the Owner for use on PA!.
  • For the purposes of law enforcement, PA! is a website that is operating in California and the United States of America, and is therefore under the jurisdiction and law of both.I'm

 


 

PRIVACY POLICY:

  • PA! is not in the business of recording or collecting personal data.
  • However, personal information about the Visitor might be collected by some of the plug-ins used as a function of the WordPress blogging software used by PA! ("WordPress plug-in(s)"), or by other site features that are installed on PA! which are linked to other services and/or platforms ("other site feature(s)").
  • As the Owner cannot guarantee nor warrant that any of those WordPress plug-ins or other site features aren't collecting personal data, it is recommended that all Visitors refrain from visiting any other page, article, image, utility, etc located on PA! ("page(s)") if they do not wish for any of their data to be collected.

 


 

COOKIES POLICY (NOTICE):

  • PA! has yet to utilize cookies in any of the content that it has been created by the Owner for this site.
  • However, some WordPress plug-ins or other site features might utilize cookies in order to function as intended.
  • The Owner cannot guarantee that cookies are not used, so this serves as a notice to the Visitor that cookies might be used on PA! or any of its pages.

 


 

WORDPRESS PLUG-INS & OTHER SITE FEATURES:

For the sake of clarity and full disclosure, PA! uses the following third-party elements. However, the Owner can only warrant the quality of the parts of PA! that he personally designed and/or coded.

  • PA! utilizes the WordPress blogging software, currently version 5.3. Most of the underlying WordPress code is installed AS-IS, however some of it has been edited by the Owner, such as:
    • Editing the function.php file in order to remove the default "smilies" in place of custom ones; the custom ones are "Nick15 smilies" ( :) :D ;) etc), "Pokemon TCG Energy" symbols ( :TG :TF :TD etc), "Pokemon Video Game Type" symbols ( :SWG :STF :SDD etc), and "Galarian Alphabet" ( :GS :GN :GA etc).
    • Editing CSS files outside of the one in the "PA! Version 10" WordPress theme.
  • PA! uses a custom WordPress theme, "PA! Version 10", which was based on the "BLANK" Theme by Chris Covier.
  • PA! has currently activated the following WordPress plug-ins:
  • The Owner cannot guarantee that cookies are not used, so this serves as a notice to the Visitor that cookies might be used on PA! or any of its pages.

 


 

TERMS OF SERVICE:

  • PA! is a website intended to entertain and amuse the Visitor.
  • PA! is not a website intended to provide accurate or factual information, nor can the Owner guarantee that any of the information on PA! is accurate or factual, unless otherwise claimed.
  • The Owner also makes no claims that the information provided on PA! is accurate or factual, unless otherwise claimed, and the Owner takes no responsibility for any use of the information provided on PA! by the Visitor.
    • This is not to say that PA! does NOT contain accurate or factual information. Rather, PA! is under no obligation to always provide that level of information to the Visitor. Errors in accuracy or potentially false information may and can occur, and PA! can not be held liable for it—either as a matter of fact and/or due to any problems that may arise because of it.
  • All information on PA! is therefore being provided to the Visitor on an AS-IS basis and at their own risk.
    • This does not count the information contained within this Page, as this Page is intended to inform the Visitor of the rights of both themselves and the Owner with regards to PA!.
  • All information on PA! is also subject to change; this includes all information located within this Page.
  • The rights of the Owner and/or the Visitor may include those not listed on this Page. While this Page aims to provide the most accurate description of the rights being reserved by the Owner and the Visitor, it may not list them all. Therefore, the Visitor understands that any right that is NOT listed on this page is NOT an acknowledgement nor admission that those rights do not exist or are not applicable.
  • Furthermore, any right of the Owner and/or the Visitor that IS listed on this Page may be superseded by the law of a particular jurisdiction; therefore the existence of those rights on this Page is not a claim that it is intended to supersede the laws which instead supersede it.
  • The Owner claims all rights and responsibilities regarding PA! and its actions and appearances online that the Owner directly participated in.
  • The Visitor, however, claims responsibility over their own actions, such as—but not limited to—any comments or statements made by the Visitor on PA! or PA!-related sites, conduct by the Visitor with the Owner or other Visitors, any actions or statements made in regards to PA! that involve the Visitor in some manner which the Owner or an authorized third party reasonably believes that the Visitor is responsible for, etc.
  • If the Visitor continues to visit PA!, the Visitor is implicitly agreeing that they understand these Terms of Services.

 


 

COPYRIGHT NOTICE:

  • All original content on PA! was created by the Owner: Philippe Van Lieu, of Daly City, California, USA
  • Unless otherwise stated, all original content on PA! is copyright of the Owner.
    • This extends to (but is not limited to) ANY and ALL iterations of "Pokémon Aaah!" since April 10th, 1999, and are currently located at any website URL with the following hostnames owned by the Owner:
      • pokemonaaah.net
      • pokemonaaah.com
      • fakecard.com
      • nick15.com
      • nickfifteen.com
      • nickaro.com
    • This also includes any content made by the Owner for PA! but are located on other websites, such as YouTube, Twitter, Facebook, Internet Wayback Machine, etc.
    • This does NOT extend to any content on PA! which is either user-created content or content made by former staff members of PA!.
  • All content made by the Visitor on PA! and other PA!-related websites or communities, etc, are owned by that creator. The Owner explicitly renounces any and all claims of ownership to content that was NOT created by him or otherwise involved him or PA!.
    • This content includes (but is not limited to): comments made by the Visitor on PA! or other PA!-related websites or communities, any artwork sent to the Owner for use on PA! or to simply be considered for use, etc.
    • While this content remains owned by its creator, the Owner claims the right to use in perpetuity all user- and staff member-created content that was sent to the Owner by its creator after April 10th, 1999 and intended for PA!; specifically any creator sending content they created to the Owner for use on PA! are also giving the Owner the right to use that content anywhere relating to PA! and in perpetuity.
    • The original creator of that content can, in turn, revoke the Owner's right to any further use of their content. They can also request the removal of any other existing use of their content, as long as that removal is reasonable and can be done easily. In either case, please contact the Owner at the email addresses listed below; the creator must be able to verify their identity and the Owner must be convinced of their identity before any changes can be made.
    • Furthermore, ideas are not and cannot be legally protected by copyright, only the expressions of those ideas. While the Owner will make an effort to acknowledge any source of any idea that is used for PA!, this act is not a right but a privilege, and neither the Owner nor PA! is responsible nor under any obligation to acknowledge or credit any creator which thought up that idea.
  • The Owner has NOT released any copyrighted content to anyone else under any license. The sole exceptions to this are:
    1. content that was released by the Owner himself to an authorized third party (where ever noted), and/or
    2. content that was released to Bulbapedia under the appropriate Creative Commons license(s).
  • The Owner considers any other content on PA! that was neither created by him nor sent to him by its creator for use on PA! to be Fair use, and therefore protected under relevant Fair use laws.
  • If the Visitor believes that their content is not only used on PA!, but also that its use does NOT constitute Fair use, please contact the Owner—Philippe Van Lieu—at the following:
    • EMAIL: plip (at) att (dot) net or stelfton15 (at) gmail (dot) com
    • MAIL/PHONE: provided upon request; please email for more information
    • All illegal DCMA requests will be responded to by the Owner to the fullest extent of the law.
  • If the Visitor continues to visit PA!, the Visitor is implicitly agreeing that they understand all of the above, and agrees to not use the information provided on PA! for any unintended, unintentional, or even illegal purposes.
  • Similarly, the Visitor also agrees to not make unauthorized copies of any content stored on PA!, as well as agree to not sell, barter, or otherwise profit from that content.

This content is subject to change or alteration.

If the Visitor wishes to continue to visit any other PA! page, they are implicitly acknowledging that they understand and agree with all that is listed on this Page.

All information on this Page is current and valid as of the "Last Updated" date listed at the top of the page.

 

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All text and images are © 1999-2019 Philippe Van Lieu and Pokémon Aaah!, or of their respective owners.
This site is not affiliated, endorsed, or approved by Nintendo, Game Freak, The Pokémon Company, or any other company—past or present—like Wizards of the Coasts or Hasbro.

Privacy and Cookies Policy, plus Terms of Service for Pokémon Aaah!