Effective date: April 28, 2011
Introduction:
- This Terms of Service hereby referred to as ("TOS") is a legally binding agreement that governs your use of "virtual goods and services" hereby referred to as ("Services") provided by Servers-Extreme hereby referred to as ("S-E"). By accessing or using these Services and or virtual goods you agree to the following TOS.
Modification of TOS:
- S-E reserves the right to modify the TOS at any time.
- When we modify the TOS, we may notify you. However, S-E is not obligated to notify you of changes providing the changes are made publicly accessible at http://www.servers-extreme.com/tos/
- You agree to periodically check the link http://www.servers-extreme.com/tos/ that will contain this document and read any messages S-E sends to you regarding the TOS.
- Your continued use of the Services after the TOS have been modified constitutes your agreement with the modified TOS.
License to Use the Services:
- Subject to your compliance with these TOS, you may use the Services solely for your own non-commercial entertainment purposes. You may not use the Services for any other purpose.
- You may not copy and distribute the content of the Services.
- S-E reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice, without liability.
- You agree to follow any rules within the applications or forums of the Services, any game-specific rules associated within the Services, and the rules and conditions outlined in the TOS.
- You must be 13 year of age or older to purchase the Services.
- If you are between the ages of 13 and 18, inclusive, you represent that your legal guardian has reviewed the TOS and has given you permission to purchase the Services.
- If your use of the Services is in violation of the TOS, S-E reserves the right to terminate your access to the Services without notice without refund.
Ownership of Intellectual Property:
- All accounts and Services provided by S-E are owned by them.
- You do not acquire any rights of ownership to any part of the Services by using the Services, downloading material from the Services, adding material to the Services, or by purchasing any Virtual Goods within the Services.
- You agree to not copy, publish, redistribute, or make use of any material on the Services without prior written permission from S-E.
Limitations of Use:
You agree that you will not: - Engage in or promote any illegal activity such as hacking the Services, cheating, or using any software such as "bots" or other applications that are designed to change the experience of the Services.
- Upload to the servers used by S-E to provide these Services any software or application that will damage the Services or alter the operation of the Services. Examples of such software or applications are, but are not limited to, Trojan horses, viruses, worms, time bombs, and corrupted files.
- Except as allowed by applicable law, copy, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
- Post any content to any part of the Services that:
- Is unlawful;
- Is offensive and related to race, national origin, sexual preference, sex, or physical handicap;
- Is profane, obscene, pornographic, or sexual in nature;
- Harasses, intimidates, libels, mocks, or threatens other users or persons;
- Is violent in nature or promotes violence;
- Promotes the use of drugs or other illegal substances;
- Is not related to the Services, such as, but not limited to, surveys, contests, or spam;
- Advertises or promotes the selling or buying of any goods or services; and,
- Infringes on the rights of other parties, including, but not limited to, intellectual property rights, contractual rights, and personal rights.
- Engage in activities on the Services that:
- reveal the personal information about another user, except information that is publicly available;
- misleads S-E or others by creating false user accounts or by trying to learn private information;
- improperly use the S-E support services by submitting reports or misuse or misconduct that are not true;
- harm, tarnish, or disparage, in S-E's opinion, S-E or the Services;
- copy or adapt any of the software associated with the Services, including, but not limited to, PHP, HTML, Flash, Javascript, JAVA, or other code; and,
- reverse engineer, decompile, reverse assemble, attempt to discover any software code (including source code or object code) that are used by the Services to transmit and render web pages or any other processes or products accessed through the Services.
- These examples of improper conduct are not meant to be exhaustive and S-E reserves the right to determine what conduct it considers to be inappropriate or otherwise not in the spirit of the Services.
- Violations may lead to termination of your account and being banned from further access to the Services.
- S-E does not control, monitor, or endorse content posted by users to the Services or of external websites that are linked to the Services. S-E, therefore, does not assume any responsibility for this content.
Posting on Other Web Sites:
- You are granted a limited revocable license to post an image or screen shot from the Services that is related to your use of the Services (your character, for example) within the Services. Additionally, where S-E specifically gives you permission to do so, you may post images or screen shots from the Services that are related to your use of the Services and other materials that S-E specifically permits to be posted to third-party websites provided:
- the website is not competing with S-E;
- the website does not criticize or injure S-E;
- the website does not obtain any rights to the material posted other than the right to post it at your discretion;
- the website does not charge for access to the content; and,
- the website complies with all applicable laws; does not abuse or violate the right to privacy, intellectual property, or the legal rights of others; does not publish or distribute material that is inappropriate, infringing, indecent, pornographic, illegal, or otherwise objectionable.
- S-E expressly reserves its rights and remedies and may revoke this limited license, in whole or in part, with notice.
User Content:
- Content, such as text, images, comments suggestions, or any other material that a users posts to the Services ("User Content") will be treated by S-E as public information that is neither confidential nor proprietary.
- You agree that you own the rights to any User Content you post to the Services.
- Upon posting User Content to the Services, you grant S-E a non-exclusive, unlimited, unconditional, irrevocable, perpetual, fully-paid and royalty-free right and license to use that User Content as S-E sees fit via any medium.
- S-E does not have the obligation to monitor or enforce any intellectual property rights associated with User Content. However, S-E does have the right to enforce intellectual property rights.
- S-E has the right to delete User Content from the Services or to modify User Content on the Services as it sees fit at any time without notice. S-E has the obligation to enforce the rights of third parties when violations to intellectual property rights are brought to its attention, per the section in the Terms titled Digital Millennium Copyright Act.
- Offensive User Content should be reported to S-E through the support system in the Services. While S-E has the right to remove any User Content it deems objectionable, it is not obligated to do so.
Virtual Currency and Virtual Goods:
- The Services may include points, gold, cash, or other means of exchange within the Services ("Virtual Currency") and virtual items, such as favors, gems, components, and units ("Virtual Goods") that can be purchased within the Services using actual, real currency.
- Users have the right to use Virtual Currency and Virtual Goods within the Services as they are intended to be used. Users do not have any other rights to Virtual Currency or Virtual Goods associated with the Services.
- S-E has the sole and absolute right to manage, modify, create, and delete Virtual Currency and Virtual Goods associated with The Services.
- The Virtual Currency and Virtual Goods associated with the Services may not be sold, traded, exchanged, or transferred outside of the Services. The Virtual Currency and Virtual Goods associated with the Services may not be exchanged for actual, real currency from either S-E or from any other party. Violations may lead to termination of your account and being banned from further access to the Services.
- All sales of Virtual Currency and Virtual Goods associated with the Services are final. S-E is not obligated to refund money spent for Virtual Currency or Virtual Goods. If a user is terminate from one or more of the applications associated with the Services, no refund will be given. No refund will be given if S-E stops providing any or all of the Services.
Disputes with Other Users:
- S-E may monitor and manage disputes between users. However, S-E does not have the obligation to do so. S-E assumes not liability for disputes between users. Further, you agree to release S-E and agree to indemnify S-E from any and all claims, demands, or damages related in any way to such disputes.
Links to Third-Party Websites and Applications:
- S-E may provide links to third-party websites or embed third-party applications with the Services for the purpose of offering users promotions. These promotions make available optional services, upgrades, and in-game Virtual Goods. These third-party websites may charge additional feed and have their own terms of service and privacy policies. Third-party websites may collect personal information from users. S-E does not warrant the content or the goods and services provided by any third-party website. S-E is not responsible for the content, policies, or the business practices of third-party websites or the collection or use of personal information by third-party websites. S-E is not liable for any claim related to third-party websites.
Termination:
- S-E reserves the right to terminate or suspend your access to any or all of the Services if it determines that you have violated these TOS. In the event your access to the Services is terminated, you will not be entitled to a refund or credit for any points, items, Virtual Currency, or Virtual Goods.
Limits of Liability:
- The Services are provided on an "As Is" basis. The Services are provided without any warranties of any kind, including warranties expressed or implied. There is no warranty, without limitation, of merchantability or fitness of the Services for any particular purpose or use. There is no warranty of non-infringement. S-E does not warrant that the Services will be error-free or uninterrupted. You agree that your use of the Services is at your own risk. Neither S-E, its employees, its contractors, nor its partners are responsible for damages or loss of any kind, either within the Services or personal damages or losses resulting from the use of the Services or from the inability to use the Services.
Indemnification:
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- You agree to indemnify, defend, and hold S-E harmless against any claims, losses, liability, damages, or expenses incurred by S-E as a result of you access to or use of the Services, or any violation of the TOS. You agree that such indemnification will continue after you have stopped using the Services.