When you visit our web site to provide advertising services to third-party advertising companies use. The companies, this website and other websites from your visits to the (your name, address, e-mail address or phone number other than your) information capture products and services of interest to you advertising to show you can use. This application and to learn about the information used by these companies to block what options you want to know NAI Self-Regulatory principles for publishers (PDF) documents, please see Appendix A. Language is subject to change at any time NAI’nin example, do not forget.
This web site, users are deemed to have accepted the above-mentioned conditions.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING THE GAME MICEFORCE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAME.
Miceforce would like to thank you for visiting our website. This document contains the terms and conditions (“Terms”) for governing your access to, and use of , the Website located at www.miceforce.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites(collectively, the "Website"), and all features, functions software and services offered through this Website. The Website, the Game and the features, functions, software and services offered through this Website collectively constitute the "Service."
1. Legal Agreement
These Terms constitute a legal agreement between you and DevTR. Your using this Website or otherwise accessing or downloading any of our Games, shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by DevTR (the "Rules of Conduct") and any end-user license agreement ("EULA") applicable to our Game software or other software that we may provide in connection with the Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms, please do not access or otherwise use the Atelier 801 SARL Website and our Game (Miceforce). In this Agreement, the terms "We/us/our" mean DevTR "You/your" means you as a user of the Website or of our Game. The “Game” means the multiplayer online game developed by DevTR - Miceforce.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the French laws or other applicable jurisdiction. You understand that the services being offered may include certain communications from DevTR, such as service announcements, administrative messages or other information, and that these communications constitute part of the Service being offered by the Website and you may not have the right to opt out of receiving them.
Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any applicable EULA. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game. This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other DevTR products, services, affiliate services, third-party content or third-party software.
2. Changes to terms
DevTR may amend these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications.. You agree to and are responsible for checking this Agreement, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Service, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.
DevTR provides free-to-play, multi-player online Games and related features, functions and services available through the Website, such as community forums and other interactive areas. To access our Games, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that DevTR is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. DevTR does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
4. Account/Registration procedure
You may be required to create an account (an "Account") to access our Game and certain features and functions or our Service.
If you are under the age of 13, you must have your parents or guardian agreement to create an account and we require that you review these Terms with your parents or guardian to ensure they read and agree to them. If you are the parent of guardian of a user of our website and you have questions about this website or these terms, please contact an administrator.
By creating an Account or otherwise using the Service, you represent that you are at least age 13 and agree to these Terms, or that you are under 13 years of age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your Account and User ID, are solely responsible for your User ID . DevTR will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice.
DevTR is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold DevTR and its affiliates harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and DevTR is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security in relation to the Website, the Service or our Games known to you. DevTR provides you with choice to change your password in order to safeguard your Account.
6. Game Updates
Update or “patch” are made directly on servers and do not have any consequences on your computer.
You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms; thereby these communications are recognized as public. Such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings.
You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
9. User Content
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of DevTR. DevTR strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to DevTR all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and DevTR shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
© User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that violates the Rules of Conduct or that, in the sole judgment of DevTR, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose DevTR or its users to any harm or liability of any type.
DevTR takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DevTR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
As a provider of interactive services, DevTR is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although DevTR has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, DevTR reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and © use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide
10. User Conduct
10.1 Global rules
You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Website and the Service. Any conduct that violates the law in an offline, real world community is also a violation of these terms. DevTR will not tolerate any illegal or offensive conduct.
Without limiting the foregoing, in addition to the User Content rules set forth in Section 10 above, you agree not to take any of the following actions:
(a) Harm minors in any way;
(b) Impersonate any person or entity, including any DEVTR officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
© Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
(d) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(e) Interfere with or disrupt the Service, the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(f) "Stalk," threaten or otherwise harass or cause discomfort to another;
(g) Collect, store, post or otherwise disseminate any personal data about other users;
(h) Impede or disrupt the Service or the normal flow of game play or dialogue in the game or in Interactive Areas on the Site or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or DevTR employees;
(i) Engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct;
(j) Engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been earned through authorized game play;
(k) Cheat or utilize unauthorized exploits in connection with the Game or the Service;
(l) Using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players,
(m) trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game; and/or
(n) Take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the Website, the Game or any other aspect of the Service.
(o) Selling, trading or giving items, or accounts, or any other Game element without express prior written consent of DevTR.
10.2 Specific rules
In addition to global rules in 10.1, some prohibited conducts are specific to the Game.
- Cheating (aka Hack)
- Cheating on an alt account
- Asking for cheats
- Giving out cheats
- Caps-lock abuse
- General vulgarity
- Inappropriate or vulgar links
- Severe insulting
- Insults to the staff
- Misleading players
- Promoting trollish topics
- Wrong languages in chat
- Sentinel/Mod/Admin Impersonation
- Claiming to be a mod
- Vulgar names
- Crash Maps
- Offensive Maps
- Copying/Stealing Maps
- Offensive Totem
- Crash Totem
- Mute evasion (Mute : prevents you to speak on the in game chat box)
- Ban evasion (Ban : prevents you to access to the game)
Evading a ban or mute will result in a higher punishment. If you feel that you were punished unfairly it is best to contact a moderator via the forum.
- Report abuse with your tribe/friends
- Report abuse with the entire room, group of players from the room
- Using Report as a game
The command /report is a very useful command that allows you to punish some players for minor offenses by yourself. It shouldn't be used indiscriminately or for fun; it's not here to resolve conflicts or to punish each newbie shaman. Forming a group or tribe to purposely invade a room and ban any random player for no reason will lead to a ban. Abusing the Report command in this manner is not advised.
Using the /ban command for "lotteries" will always result in a ban against the people abusing the Report command.
- Glitch abuse (cf. 10.1.L)
- Crashing a room (as shaman)
- Inappropriate tribe name
- Leaking/Sharing private information relevant to the game
Vulgar / Inappropriate: Please refer to 10.1
Crash map/totem/shaman: Can cause other players to lag or even crash a room (cf. 10.1)
Phishing: Any method of obtaining in-game items, cheese or fraises outside of the game is illegal. These illegal sources often require players to provide their username, password and e-mails, and create a huge security risk.
These websites are often an imitation of the real website and are controlled by a malicious person. If the user enters any personal information, they will be transmitted directly to the scammer.
Upon discovery of any player promoting or using these illegal websites, we will take serious action. DevTR and Miceforce are in no way affiliated with these website and don’t support them.
Please report any players advertising or using a phishing website.
DevTR may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within DevTR's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by DevTR's determination as to whether a violation has occurred and any penalty we choose to implement.
Violation of the rules displayed in 10.1 and 10.2 will be punished by either a mute(1), un ban(2), or even a permanent ban depending of the gravity and recurrence of these conducts.
(1) mute: prevents you to speak on the in game chat box
(2) ban: prevents you to access to the game
11. Third Party Content
DevTR may provide or make available third party content on the Website or through the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. DevTR does not monitor or have any control over any Third Party Content or third party Web sites. DevTR does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. DevTR does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
12. Advertisements and promotions; Third-party products and Services
DevTR may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. DevTR is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- DevTR advertisers or third party information on the Website.
13. Official Service and Beta Testing
The Game is designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by DevTR, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell, transfer, trade or auction any Accounts, Cheese, Fraise or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by DevTR. DevTR does not recognize any transfers occurring outside of the Service of anything related to the Service.
You may be given the opportunity to Beta test new Website features. Your participation as a Beta tester is subject to the terms and conditions below.
You acknowledge that the you are using a preliminary, preview edition of the Websites features and that you are participating in a beta test thereof (the "Beta Test"), and that Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all information about the Services and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you provide to DevTR regarding the Services or the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person.
You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of DevTR, and DevTR may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to the Beta Test to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to DevTR, and DevTR is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Test confidential will continue until DevTR publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the content that you are testing.
As a Beta tester, you are invited to participate in Beta Test for the sole purpose of evaluating new features and identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Game or content that you find here.
If you ever encounter a problem in the Game directly linked to your use of the Beta Test, you can contact an administrator
14. Interruption of Service
(a) DevTR reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that DevTR will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of DevTR, and DevTR cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. DEVTR shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
© DevTR has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
(d) DevTR is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b).
You agree to defend, indemnify and hold harmless DevTR, its independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third party.
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN DEVTR’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY DEVTR; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO DEVTR, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND DEVTR MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
(b) DEVTR MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR RECORDING.
© You may not hold DEVTR responsible for any loss resulting from your use of the Service or any in-game trading activities. You may not hold DEVTR responsible for any information that is passed between players. DEVTR does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold DEVTR responsible for any in-game feature or item loss. DEVTR does not guarantee the availability of any in-game items, any Services.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEVTR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ATELIER 801 SARL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. DEVTR ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) DEVTR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
© WHILE DEVTR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, DEVTR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
(e) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY DEVTR.
18. Limitation of Liability
IN NO EVENT SHALL DEVTR, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAME OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DEVTR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DEVTR'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DEVTR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAME EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DEVTR FOR ACCESS TO OR USE THEREOF. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that DEVTR’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that DevTR cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
19. Repeat infringer Policy
DevTR has adopted a policy of terminating, in appropriate circumstances and at DevTR's sole discretion, subscribers or account holders who are deemed to be repeat infringers. DevTR may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
20. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with the contact form on the website or contact an administrator.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
This Agreement is governed by and shall be construed and 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. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for reference only and shall not be read to have any legal effect.
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. DevTR always reserves the right to refuse or terminate service.