Our content is in compliance with the Children's Online Privacy Protection Act (COPPA) and will never be directed at children under 13 years of age. If you are under 13 years of age, the Website and game are not intended for you and therefore you are not permitted to access the Website or Game unless your parent or guardian has provided express consent and accepts this Agreement along with all applicable end-user or similar license agreements on your behalf prior to your use of the Website or Game.
- Legal Agreement
- Description of Use/Service
Digital Extremes provides a free-to-play, multi-player online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that Digital Extremes is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Digital Extremes does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
You will be required to create an account (an "Account") to access the Game and certain features and functions of our Service. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, you are required to review this agreement with your parent(s) or guardian to ensure they read and agree to them.
When creating an Account which involves forming a unique user identity ("User ID") and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. Digital Extremes will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, DE may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official Survived By forums.
Digital Extremes is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Digital Extremes harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Digital Extremes is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Digital Extremes of any unauthorized use of your Account or any other breach of security in relation to the Website, the Use/Service or the Game known to you by sending an email to firstname.lastname@example.org. Digital Extremes provides you with the choice to change your password in order to safeguard your Account.
The Account you create is personal to you and Digital Extremes does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Digital Extremes) may result in suspension or termination of your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Digital Extremes reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
You may terminate your Account at any time, for any reason or no reason, by sending an email to email@example.com.
4. Limited Use License
5. User Content
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of Digital Extremes. DE strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to Digital Extremes all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and Digital Extremes shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User 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,
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that violates the Rules of Conduct or that, in the sole judgment of DIGITAL EXTREMES, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Digital Extremes or its users to any harm or liability of any type.
You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through Digital Extremes servers, and DE may, but is not obligated to, monitor all such communications and postings, including those that are designated as "private." You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
- Links and Hyperlinks
The Website and/or the Service may contain links to websites operated by other parties. Digital Extremes provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Digital Extremes, and DE is not responsible for the content available on the other sites. Such links do not imply endorsement by Digital Extremes of information or material on any other site, and Digital Extremes disclaims all liability with regard to your access to and use of such linked websites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Digital Extremes or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Digital Extremes logo or other proprietary graphic of Digital Extremes to link to this Website without the express written permission of Digital Extremes. Further, you may not use, frame or utilize framing techniques to enclose any Digital Extremes trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without DE's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Digital Extremes or any third party.
- Updates and Modifications
Digital Extremes may charge fees to access and acquire certain game items or participate in Game activities on the Website and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities ("Electrum") ANY APPLICABLE ELECTRUM, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. ELECTRUM HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by Digital Extremes for purchasing Electrum or other fee-based activities on the Website or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Digital Extremes may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Digital Extremes may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game. If there is a dispute regarding payment of fees to Digital Extremes, your Account may be closed without warning or notice at the sole discretion of Digital Extremes.
- Interruption of Use/Service
- Digital Extremes reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that DE will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
- You acknowledge that the Use/Service may be interrupted for reasons beyond the control of Digital Extremes, and DE cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Digital Extremes shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
- Digital Extremes has the right at any time to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
- Digital Extremes is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (a) or (b).
- Account Termination
DIGITAL EXTREMES MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME, WITH OR WITHOUT NOTICE.
Digital Extremes may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Digital Extremes retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. DE considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of DE. Notwithstanding the foregoing, Digital Extremes always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that Digital Extremes has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Digital Extremes with a full detailed explanation at firstname.lastname@example.org.
You have the right to terminate or cancel your Account at any time by delivering notice to Digital Extremes. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or DE's enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Digital Extremes may allow you to register again.
- Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW. OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. AUSTRALIAN CUSTOMERS ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CUSTOMERS ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. DIGITAL EXTREMES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE USE/SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. DIGITAL EXTREMES DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. DIGITAL EXTREMES ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- DIGITAL EXTREMES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- WHILE DIGITAL EXTREMES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, DIGITAL EXTREMES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY DIGITAL EXTREMES.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL DIGITAL EXTREMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF DIGITAL EXTREMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGITAL EXTREMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO DIGITAL EXTREMES FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Digital Extremes shall be limited to the fullest extent permitted by applicable law.