1. Grant of License.
2. Registration Information.
To register your account on Tactics Arena Online, you will be required to provide your username and password. This information is used to identify you as a "unique user" of Tactics Arena Online. In the event that Digital Seed Entertainment learns that you have provided Digital Seed Entertainment with false or misleading registration information, Digital Seed Entertainment reserves the right to terminate your Tactics Arena Online account.
All title, ownership, and intellectual property rights in and to Tactics Arena Online (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into Tactics Arena Online, transcripts of the chat rooms, member profile information, recordings of games played on Tactics Arena Online, and software) are owned by Digital Seed Entertainment. All rights reserved.
4. Your Use of Tactics Arena Online.
A. You are entitled to use Tactics Arena Online for your own personal use, but you shall not be entitled to (i) sell or grant a security interest in or transfer reproductions of Tactics Arena Online to other parties in any way, nor to rent, lease, or license Tactics Arena Online to others without the prior written consent of Digital Seed Entertainment; (ii) copy, photocopy, reproduce, translate, reverse engineer, modify, disassemble, or de-compile in whole or in part any Tactics Arena Online software; (iii) create derivative works based on Tactics Arena Online; (iv) host or provide matchmaking services for any Digital Seed Entertainment software programs or emulate or redirect the communication protocols used by Digital Seed Entertainment as part of Tactics Arena Online, through protocol emulation, tunnelling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of Digital Seed Entertainment or exploit Tactics Arena Online or any of its parts for any commercial purpose, including, but not limited to, use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use Tactics Arena Online; (v) use any third-party software to modify Tactics Arena Online to change game play, including, but not limited to cheats and/or hacks; (vi) institute attacks upon a Tactics Arena Online server or otherwise disrupt Tactics Arena Online; (vii) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of Tactics Arena Online or other person or entity; cheat during gameplay, including but not limited to modification of the game program files; (viii) transmit or post sexually explicit images or other content which in the sole discretion of Digital Seed Entertainment is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content; (ix) carry out any action with a disruptive effect, such as causing the screen to "scroll" faster than other users are able to type to it; (x) impersonate a Digital Seed Entertainment official or employee or any other person; (xi) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting "Spam" messages on Tactics Arena Online. "Spam" messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to Tactics Arena Online; (xii) post or transmit chain letters, "cashbots," or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities on Tactics Arena Online; (xiii) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (xiv) modify any file that Digital Seed Entertainment does not specifically authorize you to modify; (xv) "spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area; (xvi) create or maintain, under any circumstance, more than one simultaneous connection to Tactics Arena Online. All such connections to Tactics Arena Online, whether created by Digital Seed Entertainment software products or by other tools and utilities, may only be made through methods and means expressly approved by Digital Seed Entertainment. Under no circumstances may you connect or create tools that allow you to connect to Tactics Arena Online's private binary interface or interfaces other than those explicitly provided by Digital Seed Entertainment for public use; (xvii) Communicate or post any user's personal information in or on the Tactics Arena Online game network, web site, or forums.
B. In the event that you violate any of the foregoing provisions you will forego all your payments. Digital Seed Entertainment reserves the right to, at its option and without notice to you: (i) temporarily suspended your access to Tactics Arena Online; or (ii) immediately terminate your access to Tactics Arena Online.
C. In the event that Digital Seed Entertainment is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of Tactics Arena Online, Digital Seed Entertainment will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of Tactics Arena Online, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.
5. Content Uploads to Tactics Arena Online.
You may upload content to Tactics Arena Online in various forms, including, but not limited to, the selections you make for the Program, in chat rooms, and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses, cancelbots, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Digital Seed Entertainment reserves the right to any legal remedies available to Digital Seed Entertainment with respect to your Content, including, but not limited to, termination of your use of Tactics Arena Online if we believe your Content may create liability for Digital Seed Entertainment or may cause Digital Seed Entertainment to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to Digital Seed Entertainment a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
6. Use of Your Content.
Digital Seed Entertainment and/or its parent, subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to Digital Seed Entertainment ("Content"), as well as information regarding the manner in which you use Tactics Arena Online. You hereby grant to Digital Seed Entertainment a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
7. Information found on Tactics Arena Online.
Digital Seed Entertainment does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of Tactics Arena Online. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors.
This agreement is effective until termination by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and/or Service and all related documentation thereof. Digital Seed Entertainment reserves the right to terminate this agreement without notice at Digital Seed Entertainment's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behaviour, cheating, instituting attacks upon a Tactics Arena Online server, and any unlawful activity. It is the policy of Digital Seed Entertainment to cooperate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user Internet Protocol IP addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request.
You hereby acknowledge that (i) You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to Tactics Arena Online; (ii) the materials in this site and/or service are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement; (iii) that as part of your registration process and in consideration for the privilege of accessing Tactics Arena Online and if permitted by local laws, Digital Seed Entertainment has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences), and Digital Seed Entertainment has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes; (iv) that, if permitted by local law, Digital Seed Entertainment has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of Tactics Arena Online without any further notice to you; (v) Digital Seed Entertainment does not warrant that Tactics Arena Online will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components; (vi) you may not be able to access Tactics Arena Online whenever you want, and there may be extended periods of time where you cannot access Tactics Arena Online; (vii) Digital Seed Entertainment shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of Digital Seed Entertainment; (viii) as certain games played on Tactics Arena Online require electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored upon Tactics Arena Online for Your use when utilizing Tactics Arena Online to play these games online, You hereby agree and acknowledge that Digital Seed Entertainment shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of Digital Seed Entertainment and/or its affiliates; (ix) you may not use "Duplicated Characters" on Tactics Arena Online that were created by exploiting a slow connection or "lag," programming error, or any other manner that allows you to utilize "Duplicate Characters" and/or "Duplicated Items" on the Tactics Arena Online service. In the event that Digital Seed Entertainment discovers that you are utilizing such characters on Tactics Arena Online, you hereby acknowledge that Digital Seed Entertainment may, at its sole discretion, delete such characters from your account on Tactics Arena Online; (x) Digital Seed Entertainment reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, player characters, accounts, statistics, user profiles, and any other information accumulated or uploaded on Tactics Arena Online; (xi) Digital Seed Entertainment does not warrant Tactics Arena Online or any of the games played over Tactics Arena Online will be free of cheats, hacks, or programming errors that may affect the outcome of games, tournaments, Tactics Arena Online's ladder ranking systems or the general use of Tactics Arena Online; and (xii) the terms of this Agreement shall extend to anyone that you allow to use your Tactics Arena Online account, user name or player character(s) and that you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including, but not limited to, termination of your account and loss of your user names and characters.
11. Disclaimer of Warranty.
TACTICS ARENA ONLINE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGITAL SEED ENTERTAINMENT DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. DIGITAL SEED ENTERTAINMENT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability.
NEITHER DIGITAL SEED ENTERTAINMENT, ITS PARENT, OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF TACTICS ARENA ONLINE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
13. Gold Account Terms of Service.
Digital Seed Entertainment is only responsible in providing the following services that are detailed in the Gold Account information page. This means that User statistics, User Units, User settings, Usernames & Passwords are not guaranteed to be protected. The staff at Tactics Arena Online will do their best to preserve this data but due to the delicate nature of the server-side management, Digital Seed Entertainment will not be liable or responsible for any lost or corrupted user data. Digital Seed Entertainment is also not guaranteeing server uptime. The development team is constantly working hard to bring new and exciting units to the game but again, there is no guarantee that new units will be created and delivered periodically. All unit creation and delivery is subject to the discretion of Digital Seed Entertainment. Gold accounts are non-refundable once they are processed; users are solely responsible for submitting correct details and how to use the Paypal Merchant System. Digital Seed Entertainment is not responsible for educating members who are applying for Gold Accounts on how to use the Paypal Merchant System. If you choose to sign-up by mail, you as the user are solely responsible for all postage costs as well as the costs of acquiring certified cheques or money orders. It is at the discretion of the customer that they send these forms of payments since Digital Seed Entertainment will not be responsible for lost cheques and money orders through the mail system. Tactics Arena Online and Digital Seed Entertainment are trademarks of Digital Seed Entertainment. All rights reserved.