Army of Earth 1.3

EULA - End User License Agreement

Army of Earth
http://www.armyofearth.com
Copyright © 2007-2011, Fundictive. All Rights Reserved.

By installing and/or using the Army of Earth game and/or community features, you hereby agree to read and be bound by the following Terms of Service and Code of Conduct.
TERMS OF SERVICE

This Terms of Service agreement applies to all Army of Earth content (the "Content") provided by Fundictive (the "Owner"). This comprises the armyofearth.com website, including the forums, and the Army of Earth game and online service. You are required to read and accept this Terms of Service agreement before using the Content.

This Terms of Service agreement sets forth the standards of use of the Content. By using the Content you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Content. The Owner reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being distributed within the Content. Your continued use of the Content after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this agreement may not be amended.

1. Description of Content
The Owner is providing the User with access to the Content. Anyone over the age of 13 is allowed to use the Content as long as they abide by the terms of this agreement.

2. Disclaimer of Warranties
The Content is provided by the Owner on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Owner makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Content in terms of its correctness, accuracy, reliability, or otherwise. The Owner shall have no liability for any interruptions in the use of the Content. The Owner disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above-referenced exclusion is inapplicable.

3. Limitation of Liability
THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE CONTENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification
The User agrees to indemnify and hold the Owner, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User’s use of the Content, the violation of this agreement, or infringement by the User, or other user of the Content using the User’s computer, of any intellectual property or any other right of any person or entity.

5. Users Account
The User may possess one or more accounts for use with the Content. The User is entirely responsible for any and all activities which occur under their account(s) whether authorized or not authorized. The User agrees to notify the Owner of any unauthorized use of the User’s account or any other breach of security known or that should be known to the User. The User’s right to use the Content is personal to the User. The User agrees not to resell or make any commercial use of the Content without the express written consent of the Owner.

6. Modifications and Interruption to Content
The Owner reserves the right to modify or discontinue the Content with or without notice to the User. The Owner shall not be liable to the User or to any third party should the Owner exercise its right to modify or discontinue the Content. The User acknowledges and accepts that the Owner does not guarantee continuous, uninterrupted or secure access to the Content, and operation of the Content may be interfered with or adversely affected by numerous factors or circumstances outside of the control of the Owner.

7. Third-Party Sites
The Content may include links to sites on the Internet that are owned and operated by online merchants and other third parties. The User acknowledges that the Owner is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and the Owner is not responsible therein. We encourage the User to review said privacy policies of third-parties’ sites.

8. Compliance with Laws
The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
The Content is copyrighted and is the property of the Owner and is protected by intellectual property rights. Any use of the Content excluding "fair use" but including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Owner is strictly prohibited. The User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Content without prior written permission of an authorized officer of the Owner.
"Fundictive" and "Army of Earth" and the accompanying logo''s are proprietary trademarks of the Owner. The Owner’s trademarks may not be used in connection with any product or content that is not provided by the Owner, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owner.
All other trademarks displayed in the Content are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Owner.

10. Other Terms
If any provision of this Terms of Service agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service agreement and any other agreements referenced herein may be assigned by the Owner, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. The User agrees that by accepting this Terms of Service agreement, the User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
CODE OF CONDUCT

Army of Earth is a place where all should feel welcome. As with other online communities, this means establishing a few basic rules of behavior. All participants are responsible for knowing and understanding the information contained in this Code Of Conduct. We have made the following rules as simple and straightforward as possible. All aspects of Army of Earth, including the website, forums, game servers, chat servers, account data, stored information, and e-mail are subject to the following rules.

VIOLATION OF ANY OF THESE RULES IS GROUNDS FOR TERMINATION OF YOUR ARMY OF EARTH ACCOUNT(S). TERMINATION MEANS THAT YOU FORFEIT YOUR ACCOUNT(S) AND ARE NOT PERMITTED TO ACCESS THE GAME, FORUMS, OR OTHER ARMY OF EARTH CONTENT IN ANY WAY. VIOLATORS MAY NOT RECEIVE A WARNING PRIOR TO TERMINATION. ALTERNATIVELY, PERMANENT OR TEMPORARY BANS MAY BE APPLIED. PLAYERS HAVE NO RIGHT OF APPEAL.

1. Do not use vulgar, discriminatory, or otherwise inappropriate language or content.
2. Do not in any way portray inappropriate language through masking, alternate spellings, or implication.
3. Do not advertise any business or commercial venture.
4. Do not harass, bully, threaten, or cause discomfort to other players.
5. Do not impersonate or otherwise imply that you are a Fundictive staff member.
6. Do not create or use an account name that in any way violates this Code of Conduct including, but not limited to:
- Names or titles of, or references to any Fundictive staff member or position.
- References to offensive or notorious persons, controversial political figures, or cultural tragedies.
7. Do not spam the forums, chat servers, or ingame chat by posting multiple messages within a short time span, by participating in off topic posts, (other than in an off-topic forum), or by using ALL CAPS or any other means of disruption.
8. Do not promote or engage in any illegal activity.
9. Do not scam, rip-off, or otherwise attempt to take people''s accounts under false pretences.
10. Do not post or promote any hack, mod, or virus. Players who do so may additionally face legal action.
11. Do not attempt to artificially alter or manipulate the outcome of any Army of Earth event or game. This includes stalling, spamming, harassing, or behaving in any other unsportsmanlike manner that affects the game.
12. Do not attempt to artificially alter or manipulate the leaderboard.
13. Do not behave in any manner that is inappropriate for Army of Earth and its community. Fundictive and the Army of Earth community representatives are the sole judges of what is appropriate.

Fundictive reserves the right to change these rules at any time and without notice.