Modern Conflict
Terms of Service & End User License Agreement
Last Modified: August 11, 2009
IMPORTANT LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE YOU ACCESS THIS WEBSITE. THESE TERMS AND CONDITIONS AND THIS END USER LICENSE AGREEMENT ESTABLISH THE MANNER IN WHICH YOU CAN ACCESS THIS WEBSITE AND ESTABLISH A GAME ACCOUNT TO PLAY THE MODERN CONFLICT ONLINE GAME. UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT IS SIGNIFIED AND CONFIRMED BY LOGGING IN OR CREATING AN ACCOUNT. IF YOU HAVE ANY QUESTIONS PRIOR TO THE ACCEPTANCE OF THE PROVISIONS SET FORTH HEREIN, PLEASE CONTACT CUSTOMER SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND THE END USER LICENSE AGREEMENT SET FORTH HEREIN, DO NOT CREATE OR ESTABLISH A GAME ACCOUNT AT THIS WEBSITE.
Introduction
Through these Terms and Conditions and End User Agreement (hereinafter "Licensing Agreement") the owners and operators of this website provide to you the terms and conditions and Licensing Agreement relating to the establishment of a Modern Conflict online game account. These Terms and Conditions and Licensing Agreement also are applicable to any sale of products or services that may be offered to you from and through this website.
Limited Grant of License
Subject to the specifically delineated Terms and Conditions as well as what has been enumerated in this License Agreement, you hereby are granted a limited and non-exclusive license to access and to play the Modern Conflict game. This access is granted through a single account that can be established by you. (You must otherwise qualify to establish and access such an account pursuant to the Terms and Conditions and the Licensing Agreement.)
The limited grant of license will only extend to an individual. No such limited grant of license (or any other authorization is granted to any corporation, partnership, association or any other legally created entity.)
Pricing and Availability of Products and Services
The owners and operators of this website shall make their best efforts to provide accurate and up to date information about product and/or service availability on this website.
Dispatched estimates provided to purchasers at the time of a sales transaction are estimates only.
As any order is processed, the purchaser shall be advised of any products and/or services that are determined to be unavailable with all deliberate speed.
The owners and operators of this website endeavor always ensure that product and/or pricing is accurate at all times. Should a product and/or service be incorrectly priced for one reason or another, the owners and operators will do as follows:
- If the product's price is lower than that advertised on the website, the product will be sold to the purchaser at the lower price;
- If the product's price is higher than that advertised on the website, the purchaser shall have the option of purchasing the product at the higher price or shall have the option of rejecting the same
Finality of Sales
The owners and operators of this website advise that all sales are final. There will be no refunds under any circumstances. If there is found to be a defect of some sort in any product sold to a consumer, we will exchange that defective item for a properly functioning product with all deliberate speed.
Minors
You must be over the age of eighteen years in order to purchase products and/or services from this website. However, if your parent or guardian establishes an account on your behalf, you may play the Modern Conflict game online. Your parent or guardian will be responsible for the account.
Affiliated Companies and Marketing
From time to time, the owners and operators of this website may provide links and/or advertisements regarding the products and services offered by affiliated businesses. The owners and operators of this website are not responsible for evaluating the products and/or services offered by this affiliated enterprises. We do not warrant, guarantee or endorse any of these products and/or services. Additionally, the owners and operators of this website assume no responsibility or legal and equitable liability whatsoever for the actions, advertisements, products or services of these affiliated third-parties. We merely may provide links and advertisements solely to provide you basic information about other products and services.
Agreement to Electronic Communication
By accessing this website, by creating an account or logging into your account, you agree and consent to receive electronic communications from the owners and operators of this website and their agents. All agreements, notices, disclosures and other communications will be transmitted to you electronically and normally through email in the normal course of business.
In no way will electronic communications be deemed to alter or amend any rights guaranteed to you by any applicable statute or regulation. Moreover, we take any and all steps to protect your privacy when it comes to electronic transmissions and communications.
Losses
The owners and operators of this website will be responsible only for any losses you suffer as a result of any breach of these conditions by the owners and operators of this website if the losses were reasonably foreseeable to both you and us when you commenced using the website or at the point in time when a contract for the sale of goods or services was formed.
The owners and operators of this website (and their agents) will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods was formed.
The owners and operators of this do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty as required by law of the State of Florida.
Changes, Alterations and Variances to Website and to Game
The owners and operators of this website reserve the right to make changes to this website and its policies at any time. You will be subject to the policies and terms and conditions in force at the time that you access and use this website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
This provision on changes, alterations and variances is presented in compliance with all applicable statutes and regulations of the State of Florida.
Game Requirements
Through these Terms and Conditions and License Agreement, certain requirements are established to play the Modern Conflict online game:
- You must register on our delineated Registration Page in order to establish an account.
- You must have an active and appropriate Internet connection which is not provided as part of our License Agreement or any other agreement contained herein.
- You must pay any and all fees that may be required to establish or maintain an account.
- You must pay any taxes that you may be obliged to pay (because we have no legal obligation to collect taxes of any sort that may be required to be paid).
- Establishing an account does not provide you with or entitle you to any subsequence releases or versions of the Modern Conflict game (because such releases or versions can be provided to you solely at our discretion).
- You understand that we may, at our discretion, update, enhance or otherwise alter the Modern Conflict game at any time and without prior notice to you.
- You shall comply with all applicable statutes and regulations governing your access to your account and to the play of the Modern Conflict game.
- You shall comply with all of the rules we establish in regard to the Modern Conflict game.
- You understand that we can change, alter or amend the rules relating to the Modern Conflict game at any time and without prior notice to you.
Services
All of the services provided herein are offered exclusively by Modern-Conflict.com. Rates for account updates and any other fees or charges are subject to change by us at any time without prior notice to you.
Password
As part of the registration and account establishment process, you will be required to create a password. You may not disclose your password to any third party. We will never request your password via email, telephone or through any other means.
Limitations
There are certain limitations associated with your account. You must comply with these limitations or your account will be terminated. These limitations include but are not limited to:
- You may not disassemble, decompile or reverse engineer the Modern Conflict game (except to the limited extent that such activity may be permitted by applicable statute or regulation in some jurisdiction).
- You may not copy, duplicate, modify, translate, adapt or create derivative works based upon the Modern Conflict game.
- You may not distribute, lease, rent, loan or transfer any of the content of the Modern Conflict game.
- You may not display or sublicense any content of the Modern Conflict game.
- You may not under any circumstances utilize in any fashion the intellectual property rights contained in the Modern Conflict game.
- You may not under any circumstances take any action whatsoever that will impose a disproportionate or unreasonable load on our infrastructure.
- You may not access the Modern Conflict game or the account through software other than standard web browsers.
- The utilization of any automated programs (bots, scripts or other similar technologies) as well as WAP phone will not be permitted and will result in the termination of your account.
Game Cheating
Any game cheating is a violation of the Terms and Conditions and License Agreement. Cheating will result in the immediate termination of this License Agreement.
Pursuant to the Terms and Conditions and the License Agreement, cheating is defined as but not limited to:
- Establishing or utilizing more than one account.
- Utilizing any account that you are not responsible for (using someone else's account).
- Granting someone else access to your account.
- Allowing your own score to be reduced to enhance the gain of another player.
- Utilizing some sort of system to automatically access or play your account.
We are the sole arbiter of what cheating is defined as and when cheating has occurred. Upon detection of suspected cheating, your account will be suspended. Depending on the circumstances, we can elect to permanently terminate your account. All of our decisions are final as permitted by law and are not subject to any appeal.
Reservation of Intellectual Property Rights
We reserve and assert all of our intellectual property rights associated with the Modern Conflict game and this website as allowed by all applicable laws and treaties. This includes any and all copyrights, patents or trademarks that may attach to the Modern Conflict game, this website or anything contained therein. The extension of our intellectual property interest shall include everything associated with the Modern Conflict game, still images, photographs, videos, audio, music, text, applets, and anything else that is incorporated into the Modern Conflict game or this website.
Any and all copies or versions of the Modern Conflict game are our property.
Additionally, content that may not actually be a part of the Modern Conflict game (or this companion website) but may be accessed through the Modern Conflict game or the companion website is the property of the respective content owners and may be duly protected by applicable intellectual property laws and treaties.
All data and information that is stored and maintained on our server is also our property and over which we assert out intellectual property rights.
User Content Restrictions
Pursuant to the establishment of your account, you can upload certain specified content to our servers in designated forms and formats. This includes but is not limited to:
- Selections made for and when playing the Modern Conflict game;
- Game messages;
- Chat rooms and other user to user venues that may be established on our website;
- Forums;
- The base banner.
Under no circumstances can your content:
- Infringe on any third party intellectual property rights.
- Infringe on any other proprietary rights.
- Infringe on any privacy rights.
- Violate any statute or regulation.
- Be defamatory, pornographic, or obscene.
- Be harmful to minors.
- Contain viruses, Trojan horses, time bombs, cancelbots, worms or any other computer programming routines or schemes designed to damage, interfere with, intercept, expropriate any system, date or information.
If there is a violation of the proscriptions outlined herein and above, we may take any and all appropriate legal and related action against you. We will pursue any damages we may sustain in any way, shape or form as a result of your violation of the parameters that we've set forth and established herein and above.
By establishing an account, you have granted to us a worldwide, irrevocable and perpetual royalty free sublicense to exercise all intellectual property rights that may be associated with your content.
You realize that due to the nature of the Modern Conflict game and this website, due to the real time nature of this game, any content violation may not be deal with immediately. There are no time constraints associated with when we can take any and all appropriate action in regards to any violation set forth herein and above.
Information Disclosure
We take every step possible to ensure the privacy of any information that you do provide to us. However, there are circumstances in which we cannot guarantee your private communications and personally indefinable information that you may have provided to us or that may have been generated as a result of your creation of an account.
By establishing an account, you are authorizing us to disclose information to governmental agencies or authorities or to other third parties as may be required by law. In addition, if we believe that you have violated the law through your use of your account, you authorize us to provide or disclose information to law enforcement, governmental authorities or other necessary private entities as appropriate and necessary to investigate or resolve these issues.
Finally, you agree that we can communicate with you via email in regard to any issues associated with your account.
Survey Participation
You may be asked to participate in surveys for rewards or incentives in game. These surveys may be provided by a 3rd party. Should you choose to participate in any surveys we take no responsibility for the security or privacy of any information you provide to the 3rd party survey provider or the content that may be provided or displayed by the survey provider.
Affirmative Disclaimer of Expressed and Implied Warranties
You understand that we are providing the Modern Conflict game and all other services in an "as is" condition. We expressly disclaim any and all express or implied warranties without reservation. Nothing in these Terms and Conditions or License Agreement shall be construed to be a warranty (whether express or implied) in any way, shape, form or manner whatsoever.
Events and Circumstances Beyond Our Control
The owners and operators of this website will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Termination
This License Agreement and your account can be terminated immediately and without notice if you breach the Terms and Conditions or the License Agreement, if you infringe our own or any third party's intellectual property rights, if you are unable to verify or authenticate any information you provide to us or if you are suspected of cheating while engaging in the Modern Conflict game. We reserve the right to terminate your License Agreement at our sole discretion. If your account is so terminated, any balance for a prepaid period of services or goods will be retained with no refund to you.
Applicable Law
The Terms and Conditions and Licensing Agreement set forth herein are governed by the statutes and regulations of the State of Florida, United States of America.
Jurisdiction
If any bona fide dispute arises as a result of the operation or interpretation of these Terms and Conditions or License Agreement, the parties hereto agree that said dispute shall be subject to an appropriate court of competent jurisdiction in the State of Florida.
Assignment
No assignment of these Terms and Conditions or License Agreement shall be permitted without our expressed, prior written authorization.
Amendments
We reserve the right to amend this agreement at our sole discretion at any time without prior notice to you. Amendments that have been implemented will be conveyed and communicated to you at the time you log into your account. However, any amendments will have full force and effect even in the absence of notification to you.
By creating an account or logging in, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.