These Terms govern your use of the websites operated by WARGAMER Ltd and any subsidiaries or associated companies, collectively (“WARGAMER”), and related services including any content, forums, emails, newsletters and competitions (with the websites, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be noted and, together with these Terms, govern your use of any part of the Wargamer or Service provided and together are referred to as the ( “Agreement”).
We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this website. Your use of the Service constitutes your binding acceptance of the Agreement, including any changes or modifications made by WARGAMER. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service. It is your responsibility to refer to these Terms on accessing our websites.
The Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. WARGAMER does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Member”). Creating a Member account under automated means or under false or fraudulent pretences constitutes unauthorized use of the Service, and such known accounts will be terminated by WARGAMER.
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. In the event you compose a profile upon registering for the Service (the “Member Profile”) such profile must describe you, as a real individual person.
You shall be subject to any posted guidelines or rules applicable to the Services. WARGAMER currently provides users with access to a variety of Services, including but not limited to, community boards, user pages and forums. Unless explicitly stated otherwise, any new features or services shall be subject to the Agreement as well as any posted guidelines or rules.
In order to use certain Services, you will be required to register with WARGAMER. In consideration of your use of the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the Services registration form (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. For questions in connection with any aspect of the Agreement please contact us in writing and supply your name, address and username.
Termination of Your Membership. You acknowledge that WARGAMER, in its sole discretion, may terminate your ID, password, account or membership or use of the Service for any reason at its sole discretion with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that WARGAMER may immediately deactivate or delete your account and/or bar any further access to the Service.
2. Use of Content
You acknowledge that the Service contains information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of WARGAMER or third parties. All Content on the Service is copyrighted as a collective work of WARGAMER pursuant to applicable copyright law. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use. Businesses, organizations or other legal entities may not become Members (defined below) and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Service. Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to WARGAMER and its successors, assignees and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
You may download, copy and make any personal, non-commercial use of the Content and not prohibited by any section of Copyright law or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
3. Rules of Conduct
WARGAMER has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Service, you may not:
- Use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship of that Material by the Service and/or WARGAMER, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libellous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity;
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited uses of the Service.
Use of our Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.
4. Managing Content
Despite our rights outlined herein, you shall remain solely responsible for all Material you post. WARGAMER has no obligation to pre-screen or monitor the Material you post, however WARGAMER reserves the right to edit or remove any Content or Material on the Service, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of WARGAMER, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
WARGAMER has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on our sites;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Establish general practices and limits concerning use of our sites and Services.
You agree that WARGAMER will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
WARGAMER does not represent or endorse the accuracy or reliability of any Content or Material posted on any interactive area and you acknowledge that any reliance upon such Content or Material shall be at your sole risk. Any Content or Material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of WARGAMER.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that WARGAMER is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
Typically, we do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers to license, use and/or reprint a WARGAMER trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements.
You agree to indemnify, defend and hold WARGAMER and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “WARGAMER Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any WARGAMER Party in connection with:
- Your use of, or connection to, our Service;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity
WARGAMER reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WARGAMER’ defence of such claim.
7. Termination of Service
WARGAMER reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Service at any time by immediately ceasing use of the Service and or deleting your account information. Once your access terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your access. WARGAMER may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please notify us immediately.
Notification of claimed infringement must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
- If your materials have been removed due to alleged infringement of a third party’s intellectual property rights, WARGAMER will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
- an electronic or physical signature of the person authorized to act on your behalf;
- a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your address, telephone number, and email address; and
- a statement that you consent to the jurisdiction the Laws England, United Kingdom
Upon WARGAMER’ receipt of such counter-notice, WARGAMER will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we may re-post the material.
WARGAMER reserves the right to remove any materials or content alleged to be infringing without prior notice and may terminate your account at WARGAMER’ sole discretion, and without liability to you.
Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability
9. Disclaimer of Warranties; Limitation of Liability.
The Service and the Content are distributed on an “as is, as available” basis. None of WARGAMER, third party content providers or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Service, any Content or any products or services sold through the Service. Neither WARGAMER nor any third party content provider warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features. Neither WARGAMER nor any third party content provider warrants that any of the goods or services linked to or advertised in the Service comply with data protection or other relevant legislation and WARGAMER accepts no liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that WARGAMER is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
WARGAMER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. WARGAMER, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, WARGAMER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF WARGAMER SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST WARGAMER, OR (II) US$100.00.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such locations, the liability of WARGAMER, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE WARGAMER FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD WARGAMER HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Service. WARGAMER reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. International Use
We make no claims that any Material, Service or any Content is appropriate or may be downloaded outside of the United Kingdom or outside the country where such Material, Service or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: i) all local rules regarding user conduct on the Internet and acceptable content; and ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United Kingdom and the country in which you are located.
12. No Submission of Unsolicited Ideas
If send us any unsolicited ideas or materials, you do so at your own risk and we make no assurances that such ideas or materials will be treated as confidential or proprietary.
You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. This Agreement shall be construed in accordance with the laws of England without reference to principles of choice of law. You and WARGAMER each irrevocably consent to the personal jurisdiction of the courts located in London, England (“Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact us immediately if you have any questions or comments about the Terms, or to report user conduct violating the Terms.
Part 1- Personal Information
- Purchase a software license or a product;
- SWARGAMER up for emails, bulletins, newsletters, webinars or white papers;
- Enter a sweepstakes, contest, competition or prize draw;
- Register for site membership or create a profile on our sites;
- Participate in surveys;
- Use a third party connection or log-in to create a membership or profile on our site, access our content, or forward our content to another person, platform or service, e.g. through email, Facebook, Twitter, Google+, etc; or
- Otherwise communicate with us.
Several of the services that we offer require registration as a condition of use. We may also receive Personal Information about you from other sources and add it to the information you have provided to us.
Part 2- Other Information We Collect:
Log Files As is true of most websites, we gather certain information automatically and store it in log files. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
Web Beacons are electronic files that allow a website to count users who have visited that page or to access certain cookies. When you receive email messages or newsletters from us, we may use web beacons, customized links or similar technologies to determine whether the email has been opened.
Pixel Tags, also known as clear GIFs, beacons, spotlight tags, and may be used in conjunction with cookies, WARGAMER may use pixel tags to improve our understanding of site traffic, visitor behaviour, and response to promotional campaigns.
Local Shared Objects (“LSOs”) are found in technologies such as HTML5 or Flash to store user settings and video viewing history. Various browsers may offer their own management tools for removing HTML5 LSOs.
Third Parties. To improve the quality of some of our services, we may supplement the information we collect with information from third parties which you may have used to log-in.
What we provide to Third Parties:
Email Deployment, Data Analysis E-Commerce and Other Services. We provide customer lists, email addresses and other information to third party companies and contractors who provide us with specialized services, such as merge-purge (identifying and removing duplicate addresses) and customer support etc. These companies work on our behalf are permitted to obtain only the information they need to deliver the service. They should also maintain the confidentiality of the information and are prohibited from using it for any other purpose.
Contests, Competitions, Sweepstakes and Prize Draws. Data collected during the registration for contests, competitions, sweepstakes and prize draws is used by us.
Co-Branded Sites and Services. When you use a service operated with a partner of WARGAMER, or register or otherwise provide information on a co-branded site, you grant us permission to pass the information collected back to that partner. Use of your information by such partners is subject to their privacy policies as well as ours.
What Third parties and WARGAMER May Collect:
Online Ad Serving. WARGAMER and some of our advertisers use third party advertising service companies to serve advertisements when you visit our sites. These third party advertising companies may employ cookie, pixel tag and other technologies to measure the effectiveness of advertisement and to create a record of interaction with our site content that they may use in various ways. You may opt out of these tracking methods.
What WARGAMER does with the Information it collects
Emails. We may use email addresses to send offers of services or products. Any recipient will be able to unsubscribe from receiving these emails.
We may engage third party providers to assist with the collection, storage and segmentation of Online Data; and the providers are required to maintain the confidentiality of this information. These efforts do not result in the collection of personally identifiable information such as name or address; and we do not intentionally collect data that we consider to be sensitive. This data is not sold or transferred to any third party.
How You Can Change or Control what is Collected:
Cookies. Most web browsers automatically accept cookies, but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. You may stop or restrict cookies on your computer or purge them from your browser by adjusting your web browser preferences.
Updating Your Registration Information. You can correct, delete or change the information collected during user registration at any time at the profile page for membership of the website. If you have any trouble accessing, correcting or deleting any of your information, contact the website directly by clicking on the appropriate link.
Your Newsletter and Email Subscriptions. You can opt-out or unsubscribe to a newsletter or other email lists at any time by following the instructions at the end of the newsletters or email you receive.
Helpful Information for International Users
WARGAMER operates websites hosted in the United States and, depending on your country of residence; the submission of personally identifiable information to our sites may involve some transfer of Personal Information to other countries. You understand and consent to having any Personal Information you provide transferred to and processed in another country. You should be aware that privacy laws in such other countries may not provide protections equivalent to those of your country of residence.
Other Useful Information Regarding Your Privacy
Change of Ownership of WARGAMER or inter Company Sharing. Some or all Personal Information maintained by WARGAMER may be transferred to another company in the event of a change of ownership of WARGAMER or sale of any part of WARGAMER or to other linked companies.
Security. We use reasonable precautions to keep the Personal Information you disclose to our websites secure and to only release this information to third parties that share our commitment to privacy. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties. You are ultimately responsible for the security of your email address and password. We recommend that you do not divulge your password to anyone. You should log out of your browser at the end of each session to ensure that others cannot access your Personal Information and correspondence.
Children. WARGAMER websites are not intended for use by children, especially those under 13. No one under age 13 should provide any Personal Information or use our public discussion areas, forums and chats. Minors under the age of 18 are prohibited from making purchases on our sites.
Data Retention. The time period for which we keep information varies according to the information’s use and in some cases; there are legal requirements with which we comply.
Compliance with Law and Other Terms. Subject to applicable law, we reserve the right to release information concerning any user of our sites or services when we have grounds to believe that the user is in violation of our Terms and Conditions, or engages in, or we suspect is engaging in any illegal activity, to an appropriate Legal Authority or otherwise
as required by law, or when we believe in good faith that such release is required to protect the rights, property, safety or security of WARGAMER or any of our users or the public, or to respond to an emergency.
Foreign Residents. Re foreign or USA state laws or civil codes, we do not respond to Web browsers’ “do not track” signals, nor requests from users who are California residents to obtain certain information about any Personal Information disclosed to third parties for direct marketing purposes. If you are a California resident and wish to make such a request, please submit your request to us in writing.
Revised: February, 2015