End User License Agreement
Please remember to review the current terms and conditions of the User Agreement and Software License. Thank you.
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH MARTIN JENSSEN OFFERS YOU ACCESS TO AN ACCOUNT (THE “ACCOUNT”) TO PLAY THE MECH WARS ONLINE SCI-FI STRATEGY GAME (THE “GAME”). BY PRESSING THE “I ACCEPT” BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE “DECLINE” BUTTON, YOU DECLINE OUR OFFER. If you have any questions regarding these terms and conditions, please contact customer service at email@example.com.
1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the “I Accept” button and providing us with payment information, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may only have a single Account. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
2. To play the Game, you must (a) have a fully paid Account, and (b) have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Service, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Service at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
3. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review.
4. Upon registration, you must select a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to “save” or “remember” your password on your hard drive, please note that third parties may be able to access your computer and thus your Account.
5. We describe our fees and billing procedures at www.mech-wars.net, which are incorporated by reference. All fees are stated in Euros. All fees are prepaid and non-refundable. Upon your acceptance of these terms, we will automatically charge you with the payment information you have provided us with for the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. As we do not provide automatic renewal services, it is up to you to remember to renew your account. If you do not renew, your Account may be immediately terminated.
6. We may terminate this Agreement (including your Service license and your Account) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as set forth in the player rules of conduct, which are posted at www.mech-wars.net. If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, in which case we may provide you with a prorated refund of any prepaid amounts. You agree that if the service or your account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.
7. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive license to use the Service solely in connection with playing the Game via an authorized and fully-paid Account. You may not reverse engineer, disassemble or decompile the server software except to the extent that this restriction is expressly prohibited by applicable law.
8. We and our suppliers shall retain ownership of all intellectual property rights relating to or residing on the server, the Service and the Game.
9. You may not use any third party software to modify the Service to change Game play. You may not use our intellectual property rights contained in the Game or the Service to create or provide any other means through which the Game may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Mech Wars characters, items, credits or copyrighted material.
10. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights.
11. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game and 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, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us 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.
12. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf.
13. WE PROVIDE THE SERVICE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES “AS IS.” WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Game or your Account. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.
14. IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, THE SERVICE OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO €10. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
15. You shall comply with all applicable laws regarding your use of the Service, your access to your Account and your playing of the Game.
16. At Martin Jenssen's request, you agree to defend, indemnify and hold harmless Martin Jenssen, his partners, affiliates, agents or suppliers, his licensees, distributors, Content Providers, and other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you.
17. This agreement is governed in all aspects by the laws of the Kingdom of Norway, as such laws are applied to agreements entered into and to be performed entirely within Norway between Norwegian residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Trondheim and further agree that any cause of action relating to this Agreement shall be brought in a court in Trondheim, Norway. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
18. All services hereunder are offered by Martin Jenssen. Current rates may be obtained from www.mech-wars.net, and such rates are subject to change at any time.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at www.safetysurf.com or other similar sites providing information on such protections.
(Last updated October 27th, 2002.)