Dirty Bomb - Terms of Service

(Chris Mullins) #1

Dirty Bomb Terms of Use
WARCHEST LIMITED - TERMS OF SERVICE
Last Revision: 9th February 2017
Effective Date: 9th February 2017

WARCHEST LIMITED (“Warchest”) offers various web pages, online games and interactive services (e.g., our forums, customer support portal, knowledge base, etc.) (collectively, the “Service”). The Service offered to you is conditioned on your acceptance of several different agreements. These agreements are:

The End User License Agreement (“EULA”) that applies to the interactive software entertainment products and services offered by Warchest (e.g., our games);
The Privacy Statement;
These Terms of Service (or “ToS”);
Additional terms that govern particular features or offers (for example, our Code of Conduct, our User Generated Content policy, etc.) (“Additional Terms”); and
Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, integration of social networking profiles, etc.).
The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control. In the event of a conflict between the Additional Terms and the EULA, the EULA will control.

By accepting these Terms of Service, you are accepting all agreements that are part of the Service

  1. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy (except for a single backup copy and transient copying required to operate the Service), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.

  1. SERVICE REGISTRATION

2.1 Registration Required. Some of our Services require you to create an account with us, with a user ID and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, © maintain the confidentiality and security of your username and password, (d) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (e) immediately notify us if you discover or otherwise suspect any unauthorized use of your account.

2.2 Registration Process. To register an account, you will be required to provide us with certain information about yourself, including, without limitation your name, birthday, email address and other personal information. Your information will be handled by us in accordance with our Privacy Statement. You may have the option to provide us with your social media network information and use that information as your account log in. Once the registration form has been submitted, we may send you an email to verify the information you submitted. You must click on the link or otherwise follow the instructions in the verification email to complete the account registration process.

2.3 Account Eligibility. You may establish an account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an account); (ii) you are at least thirteen (13) years of age; (iii) if you are not of the age of majority in your country of residence (generally this is eighteen (18) years old, but may be older depending on your country of residence), you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request); and (iv) you are not an individual specifically prohibited by Warchest (or any of its predecessors) from using the Service. If at any time Warchest becomes aware that you have registered an account without meeting the foregoing requirements, Warchest reserves the right to suspend, terminate and/or delete the account.

2.4 Username/Password. As part of the registration process, you will also be asked to select a user ID and password for your account which you will use each time you access the Service. We reserve the right to refuse to grant you or to terminate your use of a username that: (i) impersonates someone else, including, without limitation, another user, a non playable character or a game master, (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., “SpiderMan” or “TigerWoods”) or religious deity or figure or your real name or surname, (v) is comprised of or includes the names (including “street” names) of any drug, narcotic or other criminal activity, or (vi) is otherwise inappropriate, regardless of our software’s ability to disallow such usernames.

2.5 Account Security. You are responsible for the confidentiality and use of your account information and agree not to transfer your right to use or access the Service via sharing your username or password to any third person. If you have reason to believe that your account is no longer secure, you should promptly change your password and notify us of the problem by submitting a ticket to our Customer Support department. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2.6 Account Ownership. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WARCHEST. WARCHEST does not recognize or allow the transfer of accounts between players. You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift, or trade any account, and any such attempt shall be null and void and may result in the forfeiture of your account. This does not apply to gifts of virtual currency, or digital, in-game items made in accordance with this ToS.

2.7 Purchase of Virtual Items and Account Balances. While using the Service, you may have the opportunity to visit online and in-game “stores” where you can obtain and use virtual currency, and digital, in-game items. Anything obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this ToS and the applicable agreements. Virtual currency has no “real world” value, but may be exchanged for in-game items. You acknowledge that the virtual currency acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.

All purchases of virtual currency and/or virtual items made through third party distribution platforms (e.g., purchases made on Steam) are subject to that third party platform’s terms and conditions.

We have no obligation or responsibility to and will not reimburse you for any item or any virtual currency lost due to your violations of this ToS or any other applicable agreement.

2.8 Service Termination. Warchest reserves the right, in its sole discretion, to terminate your access to any or all parts of the Service at any time, without notice, if you fail to comply with these ToS.

  1. SERVICE USE

3.1 No Unlawful Use. As a condition of your use of the Service, you warrant to Warchest that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Code of Conduct. Warchest has made available a Code of Conduct which applies to your use of the Service, including your use of the games offered by Warchest. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the “spirit” of the Service and games provided therein.

3.3 No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from any part of the Service using any method not expressly permitted by Warchest; (b) intercept, examine or otherwise observe any proprietary communications protocol used by any part of the Service, whether through the use of a network analyser, packet sniffer or other device; © use any third-party software to collect information from or through any part of the Service, including without limitation information about your character, any account registered to you, virtual items, other players, or other Service-related data.

3.4 User Generated Content. User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text, gameplay clips, and content you make that is based on or utilizes Warchest’s intellectual property. All User Generated Content is subject to the User Generated Content Policy.

You agree and acknowledge that User Generated Content is specifically NOT governed by Warchest’s Privacy Statement, and instead is governed by this ToS.

3.5 Claims of Intellectual Property Rights Infringement. Notifications of claimed intellectual property rights infringement should be sent to Warchest’s designated agent. ALL INQUIRIES NOT RELEVANT TO CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT WILL RECEIVE NO RESPONSE IF SENT ACCORDING TO THIS PROCESS.

  1. SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE

4.1 Ownership. Warchest and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Warchest owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Service, and all portions thereof including any downloadable software or content made available through the Service. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Warchest’s ownership of and rights with respect to the Service. You shall have only those rights in and to the Service as are expressly granted to you under this Agreement.

4.2 License to Software and Content. From time to time the Service may make available certain software and content for you to download or otherwise access. Your use of this software or content, excluding User Generated Content, is governed by the terms of the agreements listed at the start of these ToS, as well as paragraphs 4.3, 4.4 and 4.5:

4.3 We hereby grant you a royalty-free, personal, limited, revocable, non-sublicensable, and non-exclusive license to:

4.3.1 Install a copy of any downloadable software or content on a device under your legitimate control; and

4.3.2 Access and use the Service solely for your own personal, non-commercial, entertainment purposes.

4.4 No other rights or licenses, whether express or implied, including without limitation any implied patent licenses, are granted by Warchest. This means, without limitation, that you may not:

4.4.1 Copy software or content made available on the Service except for a single backup copy and except for incidental reproduction required to run the Service on your device;

4.4.2 Sell, rent, lease, license, distribute or otherwise transfer or make the Service available to any other person, in whole or in part, or use the Service or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service

4.4.3 The only exception to this restriction is the featuring of parts of the Service on social media channels that are supported by advertising. For more information on this, please see our User Generated Content policy;

4.4.4 Make available, adapt, publicly perform, or publicly display the Service or any adaptations thereof;

4.4.5 Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Service or any portion thereof, in whole or in part; provided that decompilation is permitted to the extent required to obtain information required to make the Service interoperable with independently developed software; provided that you will first attempt to obtain such information from Warchest, you will not use the obtained information for any other purpose and not share it with any third party except to the extent required for such purpose, and otherwise comply with all legal requirements restrictions;

4.4.6 Remove, disable or circumvent any proprietary notices, labels or access control technology contained on or within the Service or any portion thereof; or

4.4.7 Export or re-export the Service or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.

4.5 You are required to keep intact all copyright and other proprietary notices. All third party notices accompanying any software or content are provided for informational purposes only.

Software and content made available on the Service is owned by Warchest and/or its third party developers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER CONTENT FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA and the UK. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA and the UK export restrictions.

4.6 License Termination. The above described license is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies. If you breach any provision of the agreements applicable to you, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some software or content made available through the Service may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use that software or content. You may not remove, delete, or alter any watermark or other digital rights management technology or other information.

  1. THIRD PARTY SERVICES AND CONTENT

5.1 Advertising. The Service may incorporate third-party technology that enables advertising on our websites, in our games, or through other means of communication. As part of this process, Warchest and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address. More information about such practices can be found in our Privacy Policy.

5.2 Social Media. If you are a registered user of certain social media networks (e.g., Facebook, Twitter, etc.), you may have the opportunity to utilize your social media account data to take advantage of certain features on the Service (e.g., friend search). Your social media account is subject to separate terms and conditions provided by the social media network at issue. If you utilize a social media account connect feature, others will be able to associate your user ID and/or in-game name with your real name on the Service. You hereby acknowledge that neither Warchest nor the social media network at issue is responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by any particular social media network.

5.3 Links to Third Party Sites. The Service may contain links to or feeds from websites controlled by third parties ( “Linked Site(s)”). The Linked Sites are not under the control of Warchest and Warchest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Warchest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Warchest of the site or any association with its operators.

Any dealings with third parties (including advertisers) included within or available via a link from the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Warchest shall not be responsible or liable for any part of any such dealings or promotions.

  1. MODIFICATION OF THE TOS.

Warchest reserves the right to change the ToS at any time. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. The most current version of the ToS can be reviewed by clicking on the “[ ]” hypertext link located at the bottom of our Web pages. If we change the ToS, we will communicate the changes to you before changes are made effective and we will update the Effective Date listed above. Your continued use of the Service after such notification of changes will constitute your acceptance of such changes.

WARCHEST LIMITED - CODE OF CONDUCT
Last Revision: 9th February 2017
Effective Date: 9th February 2017

When you become a part of the Warchest community, you are joining millions of players worldwide. We understand that with a large player base, disputes and misunderstandings can arise from time to time and our in-game/online staff will do their best to resolve these issues as they happen.

There are a number of activities on the forums or in-game that can result in Warchest taking disciplinary action against your account; including but not limited to incidents of community disruption, violation of the End User License Agreement (“EULA”), the Terms of Service (“ToS”) or any other action which Warchest, in its sole and exclusive discretion, deems inappropriate. This Code of Conduct should be read in conjunction with the policies and agreements (included above or below this Code of Conduct) which govern your use of Warchest’s games and interactive services.

This Code of Conduct outlines the rules that you need to follow to help ensure that Warchest’s games, forums and other interactive services are safe and fun for everyone. It is not meant to be an exhaustive list and Warchest reserves the right to modify it at any time.

  1. Your Use of the Services Generally

You will not use our games or interactive services for any unlawful purpose or in any manner not intended by Warchest.

You will use our games and interactive services in a manner that is respectful of all other players.

  1. Technical Restrictions

a) You will not use our games or interactive services to transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, data bombs, time bombs or other items of a destructive nature.

b) You will not engage in spamming or flooding.

c) You will not remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in our games or interactive services.

d) You will not “frame” or “mirror” any part of our games, websites or interactive services without our prior written authorization.

e) You will not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the games or interactive services, or any content contained therein.

f) You will not harvest or collect information about the games or interactive services, visitors to our websites, users of our games or interactive services, without our prior express written consent.

g) You will not download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in our games, interactive services or websites without our prior express written consent.

h) You will not host, provide matchmaking services for, emulate or redirect the communications protocols used by us (or our designees) as part of the games or interactive services, including, without limitation, by protocol emulation, tunnelling, reverse engineering, packet sniffing, re-routing, looping, modifying the game software or using a program to host a game.

i) You will not restrict or inhibit any other individual from using the services, including, without limitation, by means of “hacking” or defacing any portion of the services.

j) You will not institute an attack upon any server used in connection with our services or otherwise attempt to disrupt such servers.

  1. Cheating

a) You will not exploit errors in design or features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.

b) You will not modify the software made available to you, either as part of a game or an interactive service, to change the service. This includes, without limitation, creating cheats and/or hacks or using third-party software to access files we make available to you.

c) You will not reverse engineer, packet sniff, decompile or disassemble all or any portion of our games or interactive services.

d) You will not engage in using macros (e.g., “macroing”), auto-looting or robot play (i.e., “botting”) or any other behaviour that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence.

e) You will not use “packet sniffing,” scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the data streams generated by our games and interactive services.

  1. Improper Communications

a) You will not publish or share in any way personal information of other users (such as real names, physical addresses, IP addresses, email addresses, phone numbers or credit card numbers). This information could be used by others for illegal or harmful purposes. You are entirely responsible for the security of your account information and personally identifiable information.

b) You will not express or imply that any statements you make or actions you take are endorsed by Warchest.

c) You will not sell, advertise or post information on hacks, private servers (including sources thereof), or gold farming for games or interactive services; and you will not advertise, post information on or sell hacks for any other software or websites.

d) You will not use the games or interactive services to transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.

e) Any non-game-related conversation that takes up a substantial amount of the forum, chat or in-game chat space and prevents users from finding game-related information may be considered a violation of the Code of Conduct.

  1. Infringement of Intellectual Property or Other Proprietary Rights.

a) Unauthorized use of another person or entity’s intellectual property is not allowed; including but not limited to software, music, art or other material protected by copyright, trademark or patents.

b) You will not use the games or interactive services to transmit any material, non-public information about companies without the authorization to do so.

c) You will not impersonate another person (including celebrities), indicate that you are a Warchest employee or a representative of Warchest (including a GM), or attempt to mislead users by indicating that you represent Warchest or any Warchest partner or affiliate.

d) You will not engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behaviour, including, without limitation, intentionally looting, intentionally killing, stealing, making sexual or other inappropriate comments.

e) You will not harass, abuse, bully, spam, scream at, threaten or stalk other users or encourage other players to do so.

f) You will not encourage harm or violence against people or animals, or promote self-harm in any manner.

g) You will not create or share any of the following through our games or interactive services:

i. Anything of a sexual or provocative nature;

ii. Content that a reasonable person would consider to be adult or borderline adult in nature; or

iii. Content that generally falls under the category of pornography.

h) You will not attempt to obtain a password or other private account information from any other person or user of the Service.

  1. Prohibited Use of the Games and Interactive Services

a) You will not exploit our games or interactive services for any commercial purpose, including but not limited to the buying or selling of accounts, virtual currency or in-game items, or the provision of “power levelling” services.

b) You will not create or share any content that facilitates or promotes illegal gambling, illegal content, pornography, piracy, online pharmacies, illegal drugs or criminal activities.

c) You will not create or share any content that instructs users how to make bombs, weapons, drugs, illegal, illicit or dangerous items, or that solicits involvement in behaviour or organizations that are violent or illegal under applicable laws.

d) You will not create or share any content that facilitates or promotes underage drinking, consumption of illegal drugs or socially irresponsible behaviour due to alcohol or drug consumption (e.g., drinking and driving).

e) You will not create or share any content that facilitates, promotes or contains terrorist threats or activities.

f) You will not create or share any content that facilitates, promotes viruses or malware.

g) You will not create or share any content that facilitates or promotes identity theft.

  1. Consequences of Violations

If you violate the Code of Conduct, Warchest may take actions it deems appropriate to address the violation(s), including but not limited to temporary suspensions, permanent character/game bans or permanent IP blocks (prohibiting your access to any Warchest game or interactive service).

WARCHEST IS NOT OBLIGATED TO SEND YOU A WARNING BEFORE THESE ACTIONS OCCUR. If your account is suspended while you are participating in a tournament or competition, Warchest assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.

Warchest is not obligated to monitor every post or activity, but has the right to remove any post or take action against any user. Furthermore, Warchest reserves the right to remove at any time, without notice, any user-created content, account, or device from the games or interactive services for actions determined to be in violation of this Code of Conduct or Terms of Service.

UPON RECEIVING A PERMANENT BAN, ALL CONTENT LICENSES AND VIRTUAL CURRENCY BALANCES ASSOCIATED WITH THE SUSPENDED ACCOUNT ARE FORFEITED.

WARCHEST LIMITED - USER GENERATED CONTENT POLICY
Last Revision: 9th February 2017
Effective Date: 9th February 2017

Certain features of our interactive services may allow you to create, upload and distribute user generated content (“UGC”). Warchest does not pre-screen UGC that may be posted or made available through the Service by players, and as such Warchest does not assume any responsibility or liability for content that is generated by users in connection with our interactive services.

You must have the legal right to create, upload and distribute UGC in connection with our interactive services. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party. You may not upload UGC that violates the law, our EULA or Terms of Service and/or any third party’s right of privacy or right of publicity.

Warchest does not assume any liability for any failure to remove, or any delay in removing, content. However, Warchest may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Warchest’s or a third party’s intellectual property or other rights, Warchest may suspend or terminate your access to our interactive services without notice to you. If your access to our interactive services are suspended or terminated, you are not entitled to a refund for any virtual currency or virtual items you have obtained. Our determinations regarding suspensions or terminations is made in our sole discretion and is final and binding on you.

You acknowledge and agree that you have no expectation of privacy concerning the transmission of gameplay or any User Generated Content, including without limitation chat text or voice communications. WE RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER GENERATED CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, AND GAMEPLAY FOOTAGE) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of our Terms of Service or other applicable agreements and policies; © to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behaviour.

You agree that you will be personally responsible for your creation of user generate content, and for all of your communications and activities done in connection with our interactive services, including any content you contribute.

You will indemnify and hold harmless Warchest, its parent, affiliates, and their respective employees, officers, and directors from any liability or damages arising from your conduct in the connection with our interactive services.

In exchange for use of our interactive services, and to the extent that your contributions through use of our interactive services give rise to any copyright interest, you hereby grant Warchest an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Warchest’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to Warchest, and the above waiver of any applicable moral rights, survives any termination or revocation of this Agreement.

WARCHEST LIMITED - INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATIONS
Last Revision: 9th February 2017
Effective Date: 9th February 2017

Warchest respects the intellectual property rights of others. Accordingly, this policy is being disseminated to make clear how we will respond to complaints regarding intellectual property infringement.

Copyright Infringement Policy.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through a website or online service operated by Warchest, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512©(3) of the DMCA to confirm these requirements):

i. Your complete contact information (full name, mailing address and phone number);

ii. Identification of the copyrighted work claimed to have been infringed;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

vi. Your electronic signature or physical signature.

Please send your notification to the attention of:

WARCHEST LIMITED
Royal Court
81 Tweedy Road
Bromley, BR1 1TG
United Kingdom
tos@warchestgames.com

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. It is your responsibility to ensure the accuracy of claims you submit.

If the content is removed, the party that posted the content will receive a warning letting them know that content they posted to our interactive service was removed because of a notice of copyright infringement. We will also provide them with your contact information, including email address and the name of your organization or client, and/or the contents of your report.

If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and if the content is removed under the notice and counter-notice procedures of the DMCA, they will also be able to submit a counter-notification under the DMCA.

Trademark Infringement

If you believe that your trademark or service mark is being used in a way that constitutes trademark infringement and is accessible through a website or online service operated by Warchest, you may notify us by sending us:

i. Your complete contact information (full name, mailing address and phone number). Note we may provide your contact information, including your email and the name of your organization or client, and/or the contents of your report to the person who posted the content you’re reporting;

ii. The specific word, symbol, etc. in which you claim trademark rights;

iii. The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;

iv. The country or jurisdiction in which you claim trademark rights;

v. The category of goods and/or services for which you assert rights.

vi. Information reasonably sufficient to permit us to locate the material on our interactive service that you believe violates your trademark rights;

vii. A description of how you believe this content infringes your trademark;

viii. If you are not the rights holder, an explanation of your relationship to the rights holder;

ix. A declaration that:

a. You have a good faith belief that use of the trademark as described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;

b. The information in your notice is accurate; and

c. You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed; and

x. Your electronic signature or physical signature.

Please send your notification to the attention of:

WARCHEST LIMITED
Royal Court
81 Tweedy Road
Bromley, BR1 1TG
United Kingdom

tos@warchestgames.com

WARCHEST LIMITED - STATEMENT ON PERMISSIBLE USES OF VOD AND STREAMING
Last Revision: 9th February 2017
Effective Date: 9th February 2017

At Warchest, we value our players’ ability to engage with others through our games, and to that end we encourage our players to make non-commercial uses of our content. However, we have to place limitations on what users can and cannot do with videos and streams to ensure that our games are stable, fair and engaging. This statement is meant to provide some basic guidance as to what is (and isn’t) acceptable use of our content.

What you can and cannot do: You may make limited, non-commercial uses of our content. You may not engage in commercial use of our content, which is a violation of our Terms of Service.

Some examples:

It is generally okay to publish videos to your website or hosting/sharing sites like YouTube.
It is generally okay to host streams of you playing our games
It is generally okay to support your videos or streams with advertising content provided by the host/sharing site (i.e., YouTube and Twitch).
It is not okay to take assets from our games (e.g. characters, art, voice, music, items) and distribute those separately.
It is not okay to put those videos or streams behind a paywall, to require subscriptions for access, or to sell licenses to your videos or streams.
It is not okay to use videos or streams to encourage behaviour that violates our Terms of Service.
It is not okay to stream or post videos of games in development (generally, anything in a “closed” status – we will let you know if it is not okay to stream or post video of a particular game).
It is not okay to make any other commercial use of our content.
Important Information: This statement is meant to provide general guidance as to our interpretation of our Terms of Service and End User License Agreements. This statement does not alter or amend the Terms of Service and End User License Agreements, and those policies remain in full force and effect.

Your ability to engage in a particular use of our content will depend entirely on the circumstances of the use. While we wish we could review each particular use in advance and give clear direction as to what is (and isn’t) acceptable, doing so in a timely and consistent manner would be impossible. Therefore, we will not respond to any request to determine if a particular use is non-commercial or to confirm your right to a particular use. If you need to show a third party that you have a right to make a video or stream, you should point them to this statement. If the third party has any questions about your particular use, those questions will be treated the same as a request from you to confirm your right to a particular use.

Finally, this policy applies only to content in Warchest’s games. If you include someone else’s content in your video, such as music, you will have to get permission from the owner.

WARCHEST LIMITED - IDEA SUBMISSION POLICY
Last Revision: 9th February 2017
Effective Date: 9th February 2017

Warchest is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our games, products and services. Sometimes, however, there can be confusion over how those comments or feedback will be treated.

To clarify here is a policy which will apply to any ideas, suggestions, proposals, comments, feedback or other such submissions:

Any submission that gives feedback on our games and services or suggests new content, features, products or other similar ideas is governed by this policy. If there is an exception we will tell you.

This policy doesn’t impact communication with our customer services team which will still follow the Warchest privacy policy. When other interactions are exempt from this policy we will tell you.

Sharing personal information is still covered by our privacy policy when we ask you to share it.

Warchest does not have any obligation related to submissions. For example we won’t return materials sent to us or regularly acknowledge submissions we receive. We may from time to time return materials or acknowledge a submission, but cannot (and do not) promise we will do this every time (or even at all, really).

Anything you send to us, whether it be via forums, comments, social responses or other channels, which is subject to this policy will be treated as non-confidential and non-proprietary. This means if you submit an idea you are waiving any and all rights to it and are ok with it being shared and used by us, by entities we do business with, or even other users (depending on your method of sharing).

Warchest will be free to use any submitted information under this policy. This includes without limitation the right to use and share the idea any way we see fit without compensation. What this means is if you submit an idea you are waiving the rights to it and permitting us to use it in our games or elsewhere without payment to you.