Terms of Service

Last updated on 28th Feb, 2014

Introduction

For the meaning of certain words and phrases please see the Definitions below.

These Terms set out the relationship between you and MadSword ("us" or "we") regarding your use of our Services. Your use of our Services is also subject to our Privacy Policy and Forum Rules.

Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By installing, using or accessing our Services you accept our Terms, Privacy Policy and Forum Rules.

You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agreed to these Terms and is happy for you to access and use our Services.

You can access these Terms at any time at madsword.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms, Privacy Policy and Forum Rules by posting the amended terms at madsword.com. Your continued use of our Services confirms your acceptance of the updated Terms, Privacy Policy or Forum Rules.

1. Licence

  1. 1.1

    Subject to these Terms, we grant you a non-exclusive, non-transferrable licence to use our Services for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose.

  2. 1.2

    The licence commences on the date that you accept these Terms and install or otherwise use our Services.

  3. 1.3

    The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.

2. User Account

  1. 2.1

    You may be required to register an Account to use our Services. You must not register more than one Account per licenced copy of each of our Services.

  2. 2.2

    You will take all reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not.

3. Your Obligations

  1. 3.1

    To use our Services you must:

    1. not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;
    2. not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and
    3. comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.

  2. 3.2

    Information that you provide to us must be true, accurate and complete at all times.

  3. 3.3

    You must comply with any applicable third party terms of agreement when using our Services, such as Facebook’s terms of use.

  4. 3.4

    You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

  5. 3.5

    You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.

  6. 3.6

    You will not:

    1. rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
    2. use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, our Services;
    3. attempt to disrupt the normal operation of our Services, or any of our infrastructure or any of our other business activities;
    4. attempt to gain unauthorised access to our Services;
    5. make any automated use of our Services;
    6. impersonate any other person in your use of our Services;
    7. attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
    8. copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
    9. use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
    10. use our Services in connection with the actual or attempted contravention of any laws.

4. User Interaction

  1. 4.1

    To use our Services you must:

    1. our Services may enable you to communicate with other users, or to post materials that may be made publically available;
    2. you are solely responsible for the User Content that you post on, through or in connection with our Services;
    3. you grant us a royalty free, worldwide, non-exclusive, sub-licensable right to use any User Content (including your Intellectual Property) created or submitted using our Services;
    4. User Content is considered non-confidential and non-proprietary. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on our Services. We have no obligation to evaluate, use or compensate you for any ideas or information you choose to submit;
    5. you will comply with our Forum Rules at all times when posting material and interacting using our Services;
    6. we may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in our sole opinion violates these Terms, our Privacy Policy or our Forum Rules;
    7. you are responsible for all risks associated with the use of any User Content available when using our Service. We are not responsible or liable for the accuracy or content of user posts or transmissions made by other users of our Services, and we are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content; and
    8. you are solely responsible for interaction with other users of our Service and any other parties that you interact with through our Services. We reserve the right to become involved in these disputes at our sole discretion. If you have a dispute, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.

5. Updates & Access To Our Services

  1. 5.1

    We have the right to withdraw or modify our Services (in whole or in part) from time to time:

    1. for technical reasons (such as technical difficulties experienced by us or on the internet);
    2. to allow us to improve user experience;
    3. where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
    4. because it no longer makes business sense for us to provide the relevant Services or part of our Services; or
    5. because we have altered the Services we provide.

  2. 5.2

    For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.

  3. 5.3

    You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

  4. 5.4

    You understand that:

    1. we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
    2. you may need to update third party software from time to time in order to receive our Services;
    3. it is your responsibility to update our Services and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and
    4. we are not obliged to support our Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of our Services

6. Third Party Services

  1. 6.1

    Third party services may be used when you:

    1. purchase, install or update our Services, including but not limited to digital storefronts such as the Apple iOS App Store, Google Play Store, Amazon App Store; and
    2. use our Services, including but not limited to gameplay recording and sharing, social media connectivity and the like.

  2. 6.2

    These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.

  3. 6.3

    Our Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:

    1. links to third party content or services are not endorsements, approvals or recommendations by us of the third parties, or of any content or services provided by them;
    2. your use of any third party content or services may be subject to separate terms and conditions; and
    3. when you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.

7. Advertising

  1. 7.1

    You understand that:

    1. our Services may feature advertisements from us and/or third parties;
    2. we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;
    3. we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
    4. we provide information to third party advertisers in accordance with our Privacy Policy.

8. Virtual Items

  1. 8.1

    Our Services may include Virtual Items. These items can be earned through use of our Services or “purchased” with or by the exchange of other Virtual Items or with legal currency or Provider Credits.

  2. 8.2

    You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.

  3. 8.3

    We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you.

  4. 8.4

    You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.

  5. 8.5

    If we suspend or terminate your Account in accordance with section 11.3 of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.

9. Intellectual Property

  1. 9.1

    You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.

  2. 9.2

    Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.

10. Termination Of Account Or Services

  1. 10.1

    We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with any of these Terms, our Privacy Policy or our Forum Rules or for any actual or suspected illegal or improper use of our Services, with or without notice to you.

  2. 10.2

    If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts.

  3. 10.3

    We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

  4. 10.4

    You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).

  5. 10.5

    Upon termination, you must destroy any remaining copies of our Services and any associated documentation or otherwise return or dispose of such material as we direct.

  6. 10.6

    You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.

11. Disclaimer & Release

  1. 11.1

    To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:

    1. a failure to provide our services, or any part thereof;
    2. corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any of our services;
    3. any suspension or discontinuance of any of our services, or any part thereof; or
    4. any use of our services by other users, including any use of our services by other users which contravenes these terms.

12. Warranty

  1. 12.1

    Our services are provided on an “as is” and “as available” basis for your use. You understand that our services cannot be guaranteed to be error free and the existence of any errors will not be a breach of these terms.

  2. 12.2

    Except as expressly provided to the contrary in these terms, and to the full extent permitted by law:

    1. we will not be liable to you for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of these terms or arising out of the supply of defective services;
    2. our liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us, including the consumer guarantees set out in the Latvian consumer law contained in schedule 2 of the competition and consumer act 2010 (cth) and all similar or equivalent legislation, rules and regulations is limited to (at our option):
      • in the case of goods (to the extent our services are considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the you; or
      • in the case of services – supplying the services again or paying the cost of having the services supplied again; and
    3. Our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.

  3. 12.3

    You agree that you have exercised your independent judgment in acquiring our services and have not relied on any representation we have made which has not been stated expressly in these terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.

  4. 12.4

    If you purchased our services from the ios app store, in the event of any failure of our services to conform to any applicable warranty, you may notify apple, and apple will refund the purchase price to you. You agree that, to the maximum extent permitted by law, apple will have no other warranty obligation whatsoever with respect to our services, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by us in accordance with these terms.

13. Disclaimer & Release

  1. 13.1

    Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.

  2. 13.2

    You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.

14. Privacy

  1. 14.1

    We respect your privacy rights and recognise the importance of protecting any information collected about you.

  2. 14.2

    We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. Our Privacy Policy is available at madsword.com/pp and is applicable to these Terms.

  3. 14.3

    By using our Services, you consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not use our Services.

  4. 14.4

    Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.

  5. 14.5

    We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.

15. General

  1. 15.1

    Assignment - We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

  2. 15.2

    Entire agreement - These Terms, our Privacy Policy and our Forum Rules set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.

  3. 15.3

    Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

  4. 15.4

    Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

  5. 15.5

    Governing Law - These Terms are governed exclusively by the law in force in Latvia. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Latvia.

  6. 15.6

    Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

16. Contact

  1. 16.1

    If you have any questions about these Terms or our Services you may contact us at:

    MadSword
    [email protected]

17. Definitions

  1. 17.1

    In these Terms, unless the context otherwise requires, the following words have the following meanings:

    1. Account means a user account registered in accordance with clause 3.1.
    2. Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California.
    3. Claim means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.
    4. Forum Rules means the rules users participation in our various social media forums which is available for access at madsword.com/rules/.
    5. Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.
    6. Loss means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.
    7. Provider Credits means currency-like credits held by you with a third party provider. Facebook Credits are an example of Provider Credits.
    8. Privacy Policy means our privacy policy, as updated from time to time, which is available for access at madsword.com/pp/.
    9. Services means services offered by us and includes our games, websites and related services.
    10. Terms means the terms set out in this document, as updated from time to time.
    11. Update means an update supplied by us that replaces or supplements the original Service and may include adding, removing, modifying or otherwise altering features of our Services at our sole discretion.
    12. User Content means any content generated, created, made or otherwise brought about as a result of using our Services. In the context of user interaction, this includes any communications, images, sounds and all the material, data, and information that you upload or transmit through our Services, or that other users upload or transmit, including without limitation any chat text.
    13. Virtual Items means any virtual items or objects or other entitlements for use in the context of our Services, and includes any form of virtual currency.



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