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TERMS OF USE
Russian Fishing 4
1. Acceptance of Terms. FishSoft, LLC (“Company,” “us” or “we”), provides the Russian Fishing website () and the Russian Fishing Forum () (collectively, the “Site”), as well as the game Russian Fishing 4 (“Game”), subject to your compliance with the following Terms of Use (“Terms”), the “Rules of Conduct in the RF Forum” and the “Rules of Conduct on RF Servers,” as well as any other written agreement between us and you. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Game after such modifications will constitute acknowledgement and acceptance of the modified Terms. As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site, the Game, and their contents. BY USING THIS SITE AND GAME, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE AND DO NOT USE THE GAME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE GAME, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR GAME. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK TO AGREE. You must be 18 years of age or older in order to play the Game and/or access the Site.
2. Ownership. The Site and Game and all associated materials are the solely owned or appropriately licensed property of Company. The Site and Gamer are licensed, not sold, to you under these Terms. We do not sell any title, ownership right, or interest in or to the Site or Game. By using this Site and/or Game, you are agreeing only to a non-exclusive, nontransferable license to use, according to these Terms, the Site and/or Game and/or other proprietary material of third parties that are incorporated therein. We reserve and retain all applicable right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Site and Game and all associated materials. Any remuneration paid constitutes a license fee for the use of the Game.
3. Game. Company provides the Game for users on the Internet. You are solely responsible for providing, at your own expense, all equipment necessary to use the Game, including a computer or mobile device, and your own Internet access (including payment of fees associated with such access). You will not use any program or technology to circumvent the rules of the Game or cheat or take unfair or unpermitted advantage within the Game nor will you use any portion of the Game to perform services in return for payment from a third party for the performance of those services.
4. No Guarantee. Although Company works hard to provide a high-quality Site and Game, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Game. We are not liable for any loss or deletion of your account within the Game and you acknowledge that you may lose any facilities, privileges, earnings, or benefits related to the Game and that we will not be liable for or required to compensate you for any such loss. If you discover a defect or error in the Site or Game, you are required to immediately report such finding to us and you shall not use that defect or error to your advantage.
5. Temporary Interruptions. You understand and agree that temporary interruptions of access to the Site or Game may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that may be used to provide you with the Site or Game. You agree that the Site and Game are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any information, user communications, or personalization settings. You further understand and agree that the Site and/or Game may be unavailable due to maintenance and we will use our best efforts to inform you of planned maintenance in advance.
6. Fees. If you choose to make any purchases on the Site or in the Game, you agree to pay all fees associated with such purchases. Neither the Site nor the Game processes credit cards or takes other payment processing information. Payment processing is handled through third-party services, such as . In the event you sign up for a service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You understand and agree that all amounts paid to us are irrevocable and no monies will be returned under any circumstances, except at the sole discretion of Company.
7. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for your purchase on the Site or in the Game, you agree that we may, at our option, suspend or terminate your access to the Site and/or Game and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
8. User Conduct. When using the Site and/or Game, you agree not to (a) collect email addresses or other contact information of other users; (b) send unsolicited communications to other users; (c) take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Site or Game; (d) misrepresent yourself, your age, or your affiliation with any person or entity; (e) upload, post, transmit, share, store, or otherwise make publicly available any private information of any third party; (f) solicit personal information, passwords, or personally identifying information for commercial, unauthorized, or unlawful purposes; (g) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (i) use or attempt to use another's account, service, or system or create a false identity; (j) interfere with or disrupt the Site or Game or servers or networks connected to the Site or Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Game; (k) facilitate or encourage any violations of this Agreement; (l) make use of bots or any malicious cheating programs used to gain advantage in the Game; (m) post any information containing nudity, violence or offensive material, or containing a link to such content; (n) use the Game or Site for commercial purposes, including, but not limited to: distribution of advertising or collection and transfer of virtual items for sale; (o) use the Game or Site to distribute or transmit third parties’ personal information without their consent, including, but not limited to, their passport data, phone numbers and addresses; (p) use the Game or Site for the propaganda, demonstration or dissemination of Nazi, fascist, or extremist paraphernalia or symbols, or create or change nicknames in the game, in forums (nicknames) after the names of Nazi, fascist, or extremist leaders or criminals; (q) use the Game or Site to transmit unauthorized communications, including, without limitation, junk mail, letters, spam and any materials that contribute to malware, spyware and downloadable elements, as well as post links to such materials; or (r) adapt, change, modify, decompile, disassemble, decrypt or perform other actions using the Game’s object code, with the aim of violating the Game’s protection system against unauthorized use, receive information about the implementation of algorithms used in the Game, access the data used for the internal work of the Game, or create derivative software products using the Game, without the written consent of Company.
9. User-Created Content. Your use of the Site, including the Forum, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you make on the Site or in the Game. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site or in the Game, you agree that you will not post comments, messages, links, code, or other information that:
a. Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise cause damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises, or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to other network or server via your account on the Site; or
g. Impersonates any person or entity, including any of our employees or representatives.
10. No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site or in the Game. We do not promise to pre-screen, police, or monitor comments posted on the Site. We and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
11. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
12. Promotions. From time to time, the Site and/or Game may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products at your discretion. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
13. Content. For purposes of these Terms, “content” is defined as any information, documentation, communications, software, published works, photos, video, graphics, music, sounds, or other material that is available on the Site or in the Game. All content is protected by any and all intellectual property and/or other proprietary rights available within the United States. All right, title, and interest in and to the content is owned or licensed by Company or its Affiliates. Except as may be expressly stated on the Site or in these Terms of Use, none of the content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way without our express, written consent. All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of the Game, Company, or its Affiliates. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
14. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site or Game in any form or by any means whatsoever without our prior written permission. Any unauthorized use of content violates our intellectual property interests and could result in criminal or civil penalties.
15. Content You Create. Subject to our Privacy Policy (located at ), any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, fully paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
16. Intellectual Property Rights. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. If you believe that your or someone else’s copyright has been infringed by Company or User Content on the Site or in the Game, you (or the owner or rights holder, collectively, “Rights Holder”) may notify us in accordance with the DMCA. Notice may be sent to us at . You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Site without liability to you or any other party.
17. Updates. We may, from time to time, create updated versions of the Site and/or Game and may make such updates available to you either for a fee or for free. Unless explicitly stated otherwise, any such updates will be subject to these Terms including any amendments to these Terms, to be determined in our sole discretion.
18. Storage Provided by Us. If you store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Game, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site or Game. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a required fee (if applicable), that remain inactive for an unusual period of time, or in cases where you have violated these Terms.
19. Login Required. In order to access some of the Game on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
20. Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
21. Disclaimer. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR GAME WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT, GAME, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR GAME OFFERED WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR GAME PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE SITE OR GAME COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, SITE, OR GAME, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES, AT ANY TIME WITHOUT NOTICE. THE CONTENT MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. THE USE OF THE GAME OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. Commercial Transactions. Through your use of the Site and Game, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions with any third party including, but not limited to, the purchase terms, payment terms, warranties, and guarantees relating to such transactions, are agreed to solely between the you and the other party. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITE OR GAME, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.
23. Modifications. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE AND/OR GAME, INCLUDING ANY CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT GAME SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
24. Limitation of Liability & Indemnification. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA LOSS, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR GAME OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR GAME OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, damages, costs, and expenses, including attorneys’ fees, that may arise from your use or misuse of the Site or Game. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
25. Termination of Use. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site or Game with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Site or Game and reporting you to the proper authorities, if necessary. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Site and Game will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
26. International Use. Although the Site and Game may be accessible worldwide, we make no representation that Content is appropriate or available for use in locations outside the United States. Those who choose to access the Site or Game from other locations do so on their own initiative and at their own risk. If you choose to access the Site or Game from outside the United States, you are responsible for compliance with local laws in your jurisdiction including, but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Site or Game is void where prohibited.
27. Governing Law. These Terms are governed by laws of the State of Colorado and the United States without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts located in Denver, Colorado.
28. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of the Site or Game, or access to the Site or Game, beyond the limited rights granted to you under these Terms.
29. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Site or Game arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: failure of utilities or services, labor disturbance, war, fire, accident, weather, transportation, governmental act or regulation, and any other cause or event beyond our reasonable control, whether or not similar to those enumerated above.
30. Severability. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
31. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
32. Entire Agreement. These Terms constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings between us with respect thereto. If any provision of these Terms is held to be ineffective, unenforceable, or illegal for any reason, we may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision may be deemed severed and in either case these Terms with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver of such portion of these Terms. You shall not, without the express prior written consent of the Company, to transfer or assign in any way any rights received under these Terms to any third party. These Terms may not be altered, supplemented, or amended by the use of any other document(s) other than as described above. To the extent that anything in or associated with the Site or Game is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Russian Fishing 4
1. Acceptance of Terms. FishSoft, LLC (“Company,” “us” or “we”), provides the Russian Fishing website () and the Russian Fishing Forum () (collectively, the “Site”), as well as the game Russian Fishing 4 (“Game”), subject to your compliance with the following Terms of Use (“Terms”), the “Rules of Conduct in the RF Forum” and the “Rules of Conduct on RF Servers,” as well as any other written agreement between us and you. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Game after such modifications will constitute acknowledgement and acceptance of the modified Terms. As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site, the Game, and their contents. BY USING THIS SITE AND GAME, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE AND DO NOT USE THE GAME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE GAME, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR GAME. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK TO AGREE. You must be 18 years of age or older in order to play the Game and/or access the Site.
2. Ownership. The Site and Game and all associated materials are the solely owned or appropriately licensed property of Company. The Site and Gamer are licensed, not sold, to you under these Terms. We do not sell any title, ownership right, or interest in or to the Site or Game. By using this Site and/or Game, you are agreeing only to a non-exclusive, nontransferable license to use, according to these Terms, the Site and/or Game and/or other proprietary material of third parties that are incorporated therein. We reserve and retain all applicable right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Site and Game and all associated materials. Any remuneration paid constitutes a license fee for the use of the Game.
3. Game. Company provides the Game for users on the Internet. You are solely responsible for providing, at your own expense, all equipment necessary to use the Game, including a computer or mobile device, and your own Internet access (including payment of fees associated with such access). You will not use any program or technology to circumvent the rules of the Game or cheat or take unfair or unpermitted advantage within the Game nor will you use any portion of the Game to perform services in return for payment from a third party for the performance of those services.
4. No Guarantee. Although Company works hard to provide a high-quality Site and Game, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Game. We are not liable for any loss or deletion of your account within the Game and you acknowledge that you may lose any facilities, privileges, earnings, or benefits related to the Game and that we will not be liable for or required to compensate you for any such loss. If you discover a defect or error in the Site or Game, you are required to immediately report such finding to us and you shall not use that defect or error to your advantage.
5. Temporary Interruptions. You understand and agree that temporary interruptions of access to the Site or Game may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that may be used to provide you with the Site or Game. You agree that the Site and Game are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any information, user communications, or personalization settings. You further understand and agree that the Site and/or Game may be unavailable due to maintenance and we will use our best efforts to inform you of planned maintenance in advance.
6. Fees. If you choose to make any purchases on the Site or in the Game, you agree to pay all fees associated with such purchases. Neither the Site nor the Game processes credit cards or takes other payment processing information. Payment processing is handled through third-party services, such as . In the event you sign up for a service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You understand and agree that all amounts paid to us are irrevocable and no monies will be returned under any circumstances, except at the sole discretion of Company.
7. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for your purchase on the Site or in the Game, you agree that we may, at our option, suspend or terminate your access to the Site and/or Game and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
8. User Conduct. When using the Site and/or Game, you agree not to (a) collect email addresses or other contact information of other users; (b) send unsolicited communications to other users; (c) take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Site or Game; (d) misrepresent yourself, your age, or your affiliation with any person or entity; (e) upload, post, transmit, share, store, or otherwise make publicly available any private information of any third party; (f) solicit personal information, passwords, or personally identifying information for commercial, unauthorized, or unlawful purposes; (g) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (i) use or attempt to use another's account, service, or system or create a false identity; (j) interfere with or disrupt the Site or Game or servers or networks connected to the Site or Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Game; (k) facilitate or encourage any violations of this Agreement; (l) make use of bots or any malicious cheating programs used to gain advantage in the Game; (m) post any information containing nudity, violence or offensive material, or containing a link to such content; (n) use the Game or Site for commercial purposes, including, but not limited to: distribution of advertising or collection and transfer of virtual items for sale; (o) use the Game or Site to distribute or transmit third parties’ personal information without their consent, including, but not limited to, their passport data, phone numbers and addresses; (p) use the Game or Site for the propaganda, demonstration or dissemination of Nazi, fascist, or extremist paraphernalia or symbols, or create or change nicknames in the game, in forums (nicknames) after the names of Nazi, fascist, or extremist leaders or criminals; (q) use the Game or Site to transmit unauthorized communications, including, without limitation, junk mail, letters, spam and any materials that contribute to malware, spyware and downloadable elements, as well as post links to such materials; or (r) adapt, change, modify, decompile, disassemble, decrypt or perform other actions using the Game’s object code, with the aim of violating the Game’s protection system against unauthorized use, receive information about the implementation of algorithms used in the Game, access the data used for the internal work of the Game, or create derivative software products using the Game, without the written consent of Company.
9. User-Created Content. Your use of the Site, including the Forum, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you make on the Site or in the Game. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site or in the Game, you agree that you will not post comments, messages, links, code, or other information that:
a. Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise cause damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises, or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to other network or server via your account on the Site; or
g. Impersonates any person or entity, including any of our employees or representatives.
10. No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site or in the Game. We do not promise to pre-screen, police, or monitor comments posted on the Site. We and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
11. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
12. Promotions. From time to time, the Site and/or Game may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products at your discretion. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
13. Content. For purposes of these Terms, “content” is defined as any information, documentation, communications, software, published works, photos, video, graphics, music, sounds, or other material that is available on the Site or in the Game. All content is protected by any and all intellectual property and/or other proprietary rights available within the United States. All right, title, and interest in and to the content is owned or licensed by Company or its Affiliates. Except as may be expressly stated on the Site or in these Terms of Use, none of the content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way without our express, written consent. All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of the Game, Company, or its Affiliates. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
14. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site or Game in any form or by any means whatsoever without our prior written permission. Any unauthorized use of content violates our intellectual property interests and could result in criminal or civil penalties.
15. Content You Create. Subject to our Privacy Policy (located at ), any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, fully paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
16. Intellectual Property Rights. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. If you believe that your or someone else’s copyright has been infringed by Company or User Content on the Site or in the Game, you (or the owner or rights holder, collectively, “Rights Holder”) may notify us in accordance with the DMCA. Notice may be sent to us at . You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Site without liability to you or any other party.
17. Updates. We may, from time to time, create updated versions of the Site and/or Game and may make such updates available to you either for a fee or for free. Unless explicitly stated otherwise, any such updates will be subject to these Terms including any amendments to these Terms, to be determined in our sole discretion.
18. Storage Provided by Us. If you store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Game, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site or Game. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a required fee (if applicable), that remain inactive for an unusual period of time, or in cases where you have violated these Terms.
19. Login Required. In order to access some of the Game on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
20. Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
21. Disclaimer. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR GAME WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT, GAME, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR GAME OFFERED WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR GAME PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE SITE OR GAME COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, SITE, OR GAME, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES, AT ANY TIME WITHOUT NOTICE. THE CONTENT MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. THE USE OF THE GAME OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. Commercial Transactions. Through your use of the Site and Game, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions with any third party including, but not limited to, the purchase terms, payment terms, warranties, and guarantees relating to such transactions, are agreed to solely between the you and the other party. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITE OR GAME, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.
23. Modifications. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE AND/OR GAME, INCLUDING ANY CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT GAME SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
24. Limitation of Liability & Indemnification. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA LOSS, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR GAME OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR GAME OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, damages, costs, and expenses, including attorneys’ fees, that may arise from your use or misuse of the Site or Game. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
25. Termination of Use. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site or Game with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Site or Game and reporting you to the proper authorities, if necessary. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Site and Game will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
26. International Use. Although the Site and Game may be accessible worldwide, we make no representation that Content is appropriate or available for use in locations outside the United States. Those who choose to access the Site or Game from other locations do so on their own initiative and at their own risk. If you choose to access the Site or Game from outside the United States, you are responsible for compliance with local laws in your jurisdiction including, but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Site or Game is void where prohibited.
27. Governing Law. These Terms are governed by laws of the State of Colorado and the United States without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts located in Denver, Colorado.
28. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of the Site or Game, or access to the Site or Game, beyond the limited rights granted to you under these Terms.
29. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Site or Game arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: failure of utilities or services, labor disturbance, war, fire, accident, weather, transportation, governmental act or regulation, and any other cause or event beyond our reasonable control, whether or not similar to those enumerated above.
30. Severability. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
31. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
32. Entire Agreement. These Terms constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings between us with respect thereto. If any provision of these Terms is held to be ineffective, unenforceable, or illegal for any reason, we may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision may be deemed severed and in either case these Terms with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver of such portion of these Terms. You shall not, without the express prior written consent of the Company, to transfer or assign in any way any rights received under these Terms to any third party. These Terms may not be altered, supplemented, or amended by the use of any other document(s) other than as described above. To the extent that anything in or associated with the Site or Game is in conflict or inconsistent with these Terms, these Terms shall take precedence.