Terms of Service
Terms of Service
Last updated: September 14th, 2017
If you have any questions, complaints, or comments regarding our Terms of Service, please contact us at firstname.lastname@example.org.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE SERVICES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY DEADCELL POLICY AND ANY APPLICABLE DEADCELL LIMITED END USER LICENSE AGREEMENT. If you are not eligible or do not agree to these Terms of Service, then you may not register for or use any of the Services.
1.1 You must be at least 17 years of age to use the Services. If you are under the age of 17 or you do not agree to these Terms of Service, then you may not use or access the Services. By agreeing to these Terms of Service, you represent and warrant to us: (i) that you are at least 17 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
1.2 You agree that you will not knowingly allow any individual under the age of 17 or other minimum legal age where it differs under local legal requirements to use or access the Services.
2. Amendments to the Terms of Service and the Forum Rules
2.1 From time to time, we may need to amend these Terms of Service, for example to reflect new products or services or because of changes in the law. If we make a material change to these Terms of Service, we will make reasonable efforts to notify you and, where required by applicable law, we will obtain your consent. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Material changes to these Terms of Service will take effect upon the earlier of (a) your actual notice or (b) thirty (30) days from posting of such change. If we make a non-material change to these Terms of Service which does not reduce your rights, we will post a new version of these Terms of Service and the new version of these Terms of Service will take effect immediately upon the date of posting. The latest version of these Terms of Service will always be available on the Sites, so we recommend that you check for updates to these Terms of Services each time you use the Services. If you continue to use the Services after a new version of these Terms of Services take effect, then (other than for those material changes where your consent is required), you shall be considered to have accepted the latest version of Terms of Services. Disputes arising under these Terms of Service will be resolved in accordance with the version of the Terms of Service in place at the time the dispute arose. (This section does not apply to changes to the Forum Rules which are addressed in section 2.2).
2.2 From time to time we may also need to amend the Forum Rules, for example to ensure that the Forums operate smoothly and to reflect the needs of the community using the Forums. The latest version of the Forum Rules will always be available on the Sites. Any new version of the Forum Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use a Games Forum after a new version of the Forum Rules takes effect, then you shall be considered to have accepted the amended Forum Rules.
3. Your DEADCELL Account
Creating an Account
3.1 In order to use the Services, you will need to create a DEADCELL account (an "Account").
3.3 When creating an Account you will also be required to provide a 'user name' and/or 'persona' to represent you in connection with the Services. User names and personas are tied to your Account and are non-transferable (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, imitates any third party, infringes on any proprietary right of any third party, or otherwise breaches these Terms of Service.
3.4 You must keep all information relating to your Account confidential. At no time should you disclose your account ID or password, secret question or answer to anyone. This includes your friends, relatives, parents, children, spouses, co-workers, and any other user of the Software.
3.5 You are fully responsible for the conduct and actions using your Account and for all breaches of these Terms of Service committed by using your Account. We shall have no liability to you for any loss or damage arising from any unauthorised use of your Account or any unauthorised access, use, alteration, modification and/or disclosure of your personal information.
Security of Your Account
3.6 You must ensure that you secure your Account and computer from third party access. Please notify us immediately at email@example.com if you become aware of:
(a) any unauthorised use of your Account or any other breach of security; or
(b) any hacking tools being used or that might be used in relation to the Services.
3.7 We may employ certain physical, electronic and managerial procedures designed to help safeguard and prevent unauthorised access, use, alteration, modification and/or disclosure of your personal information. Although we use procedures reasonably designed to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by email are not protected by encryption and are vulnerable to disclosure to third parties, including due to interception during transmission.
4. Charges and Billing
4.1 You do not have to pay any subscription fees to create an Account. However, some of the Services may require you to pay a fee. If you decide to subscribe to any such Services, you must ensure that:
(a) you are 17 years of age or older (ID may be required);
(b) you are the authorised Account holder for the Account from which you are subscribing to the Services;
(c) you are authorised to use the particular credit card or other accepted method of payment;
(d) all information that you submit is true and accurate; (this includes, without limitation, your credit card number and expiration date so it is important to keep these details updated); and
(e) you agree to pay all the fees that you incur, including all recurring subscription fees, unless and until you cancel your Account or any particular subscription to any of the Services in accordance with these Terms of Service.
4.2 Any applicable fees and other charges on your Account are payable in advance and are not refundable. We may, from time to time, without prior notice modify, amend, or supplement our fee and billing methods. We will post those changes in the corresponding section of the relevant Service(s).
4.3 Please remember that your Account is personal to you and cannot be transferred or traded with any other user.
4.4 DEADCELL, at its sole discretion, may choose to issue a refund for a fee paid to DEADCELL for a product or service offered by DEADCELL, typically when a hardware or software incompatibility is identified cannot be addressed. However, it is your responsibility to review any system requirements that may be indicated and verify that you meet said requirements.
5. Beta Testing
5.1 We may give you the opportunity to beta test new software/site features. Your participation as a beta tester is subject to the following terms and conditions.
5.2 Unless expressly indicated otherwise, all beta tests are confidential. The beta software, including information about features and functionality to be offered as part of the software, are confidential. If you participate in a beta test, you must safeguard and prevent unauthorised access to, copying, disclosure, and unauthorised use of the beta software. You will carry out the testing personally and not provide access to beta software to any other person. Your obligation to keep the beta software confidential will continue until we publicly distribute, or otherwise disclose to the public through no fault of yours, each of the software and the content that you are testing.
5.3 If DEADCELL notifies you that you have been selected as a beta tester for an applicable beta software, you are invited to use the beta software for the sole purpose of evaluating the software and identifying errors. Nothing in these Terms of Service or the Sites shall be construed as granting you any rights or privileges of any kind with respect to the beta software. THE BETA SOFTWARE IS PROVIDED FOR TESTING ON AN "AS IS" BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED.
5.4 By using the beta software, you agree that:
(a) using beta software is at your own risk and that you know that the software may include known or unknown bugs;
(b) we have no obligation to make the beta software available for use without charge for any period of time, nor to make them available at all;
(c) the software may be available only by subscription once the testing process is complete or at any time in the future;
(d) these Terms of Service apply to your use of the software during the testing phase; and
(e) unless otherwise expressly indicated by DEADCELL, you will keep all information about the beta software confidential and not disclose such information to any other person.
6. Anti-cheats and you
6.1 Some products or services offered by DEADCELL may be intended for use on video game software protected by anti-cheat technologies. Some products or services may additionally offer support for such anti-cheat technologies. Support for anti-cheat technologies does not necessarily guarantee that any DEADCELL product or service will be undetected on that particular anti-cheat. DEADCELL is not responsible for any damages incurred from using any DEADCELL product or service on a product that is protected by any anti-cheat technology. Disputes or payment reversals are not permitted in the event that a DEADCELL product or service is detected by an anti-cheat technology.