All players are bound by these Terms of Service each time they login.
We thought about putting this in a tiny little scollable textbox like most other sites do, but we just love how totally ridiculous it looks in all it's glory! Don't worry it's all the usual stuff from most websites ... where else do you think we got it?
1. ACCEPTANCE OF TERMS
By signing in you are agreeing to be bound by the following Terms of Service ("TOS"). These Terms of Service are subject to change at anytime. It is the responsibility of the player to be aware of and in compliance with the Terms of Service at all times. Failure to do so may result in the immediate suspension, ban, or deletion of your account without refund of any purchases, donations or credit balances on the account. Major changes to the Terms of Service will typically be announced on the landing page subsequent to logon.
2. DESCRIPTION OF SERVICE
This site currently provides users with access to online entertainment in the form of a game in which users interact with each other (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements might be necessary to provide the Service. You also understand and agree that the service may include certain communications from this site or our partner site, hawkward.com. These communications may consists of service announcements, administrative messages and the hawkward.com Newsletter, and that these communications are considered part of your membership. You will be able to opt-out of receiving these emails through an opt-out link in the bottom of these communications.
Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new sites or games, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that neither the site nor Hawkward Studios, assumes any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. At times the service may become unavailable and catastrophic events may cause game states to be reset. None of these events shall entitle any user to a refund of any donations or game credit on their accounts.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Members who choose to donate are allowed access to additional parts of the Service which are not accessible to non-donating members.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Email addresses must be accurate at all times and use of the Service is restricted to only persons 18 or over and possessing a private email address valid for personal use.
You will provide an email address which we can contact you for the duration of you membership.
If you provide any information that is untrue, inaccurate, not current or incomplete, or administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your accounts may be terminated and you may be refused any and all current or future use of the Service.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining a secure password to the site. You are responsible for the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to exit from your account at the end of each session using the logout link provided. You alone are fully liable for any loss or damage arising from your failure to comply with these security measures.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not this site or its administrators, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Neither the site nor its administrators control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You assume all liability for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. When an user is reported doing so appropriate measures will be taken. Verbally abusing players and staff is considered poor etiquette and measures can be taken without notice or explanation;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a site administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. "Stalk" or otherwise harass another; or
8. Collect or store personal data about other users.
9. Exploit errors in the system (this is the site and hardware) to benefit from it, it is considered as cheating. All bugs should be reported to an administrator as soon as discovered;
You acknowledge that neither the site nor its administrators perform any pre-screening of Content, but that site and its administrators shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, site and its administrators shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by site or submitted to site, including without limitation information on the site's forums and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not claim ownership of Content you submit or make available for inclusion on the Service. However to the extent that portion of this game provides users an opportunity to post and/or exchange information. Although we periodically monitor exchanged and posted information, in no event do we assume or have any responsibility or liability for any postings/messages for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this game or elsewhere.
Users remain solely responsible for the content of their messages and postings. However, we reserve the right to edit, delete, or refuse to post any messages that violates these Terms of Service or common sense, as well as revoke the privileges of any user who does not comply with these Terms of Service
You agree to indemnify and hold this site, its administrators, Hawkward Studios, and all officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Game accounts may not be sold or exchanged for real world currency, goods, or services. Game Credits received for donations or purchased through the in-game market have no real world value and may not be sold or exchanged for real world currency, goods, or services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that site and administrators may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your your account may include any or all of the following: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You are being granted a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT US) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS SITE, HAWKWARD STUDIOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
USE OF THE SITE CONSTITUTES AGREEMENT WITH THE CURRENT TERMS AND CONDITIONS.
We will make reasonable efforts to keep the site up and running. However, there are many forces beyond our control or due to system failures which may preven the Service from being available. We can not and do not guarantee availability of the Service. Lack of Service will not be grounds for refunds of donations, purchases, or credit balanced on player accounts.
18. TERMINATING YOUR ACCOUNT
Individuals who no longer wish to participate in the services of the site may terminate their accounts by not logging into their accounts any more.
19. SPECIFIC GAME RULES
Players agree that accounts may be banned with no recourse if they engage in any of the following activities:
A) Use any software or system to automate any function including but not limited to: auto-posting to chat, auto-polling the site to keep my session alive, etc. or use any form of proxy service or proxy site to access the game.
B) Allow more than 1 accounts to be logged into from the same PC. If I do so all accounts may be banned.
C) Control more than 1 accounts regardless of the number of PC's used. If I do so all accounts may be banned.
D) Transfer starting funds into/out of an account rather than using those funds to build the original account. If I do so all accounts may be banned.
E) Use racist or overly abusive language in chat. If I do so all my accounts may be banned.
F) Threaten real life harm to any player. If I do so all my accounts may be banned.
G) Engage in any activity that clearly takes advantage of an obvious bug or exploit.
H) Engage in any activity outside of normal gameplay that may degrade the server or any other player's ability to play the game.
I) Share my password with anyone or use a non-secure password that another player may easily guess.
K) Share my account with anyone. Each account is to be played by a single person. Accounts may NOT be transfered or sold.
L) Access the game via a proxy server. Players who access the game from a known proxy server IP address will be banned.
M) Interact in any way shape or form with players playing in the same household, this includes but is not limited too, bank accounts, same cartel, allies etc.