The term "MMOEdge" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.
Conditions relating to use of the Service
You need a supported Web browser to access the Site and to use the Service. You acknowledge and agree that MMOEdge may cease to support a given Web browser and that your continuous use of the Site and Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Site and Service is incumbent on the performance of your computer equipment and your Internet connection.
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, change your password. In all circumstances, you agree not to permit any third party to use or access the Service or Site through your password.
As a condition to your use of the Site and Service, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Site and Service or MMOEdge computer systems; (c) attempt to probe, scan, or test the vulnerability of the Site, Service or any related system or network or breach any security or authentication measures used in connection with the Site, Service and such systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide the Site or Service; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Service, or otherwise; (f) provide payment information belonging to a third party; (g) use the Site or Service in an abusive way contrary to its intended use, to MMOEdge policies and instructions, to any obligation you owe to any third party, or to any applicable law; (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (i) make use of the Site or Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Site and Service, such as PayPal or Valve; (j) infringe third party intellectual property rights when using or accessing the Site or Service, including but not limited to in making available virtual items by using the Service; and (k) make use of, promote, link to or provide access to materials deemed by MMOEdge, at its sole discretion, to be offensive or cause harm to MMOEdge reputation, including, but not limited to, illegal content and pornographic content and other content deemed offensive or injurious to MMOEdge and/or the Service (such as Warez sites, IRC bots and bittorent sites).
Your online conduct and interaction with other users of the Site and Service should be guided by common sense and basic etiquette. MMOEdge may terminate your account or access to the Site or Service at any time, which may include the forfeiture and loss of any funds in your account (in MMOEdge sole discretion), for any conduct or activity that MMOEdge believes, in its sole discretion, is illegal, violates the terms of this Agreement, or otherwise negatively affects the enjoyment of the Site and Service by other users. You acknowledge that MMOEdge is not required to provide you notice before terminating your access to the Service or the Site, which may include the forfeiture and loss of any funds in your account, but it may choose to do so.
You may cancel your individual account at any time by making a request via the contact form. MMOEdge reserves the right to suspend or end your use of the Service at any time at its discretion and without notice. For example, MMOEdge may suspend or terminate your use of the Service if you are not complying with this Agreement, or you are using the Site or Service in a manner that would cause MMOEdge legal liability, disrupt the Site or Service or disrupt others’ use of the Site or Service.
MMOEdge reserves the right to temporarily or permanently discontinue the Site or Service at any time. MMOEdge will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media. If you breach this Agreement, MMOEdge will have the right to terminate this Agreement immediately, and to deactivate your account, without notice.
All right, title, and interest in and to the Service are and will remain the exclusive property of MMOEdge and third-parties providing facilities and technology for its operation. The Site and Service are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Service.
MMOEdge grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Site and Service solely for your own personal purposes as an individual consumer. This right to access confers no title or ownership in the Site or Service. Except as otherwise provided by this Agreement, you may not use the Site or Service for any purpose other than your permitted access to the Site and Service, to make personal, non-commercial use of the Service and Service. Except as otherwise permitted under this Agreement, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site or Service or any software accessed via the Site without the prior written consent of MMOEdge.
You are entitled to use the Service and Site solely for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Service to other parties in any way, nor to rent, lease or license the Service to others without the prior written consent of MMOEdge, except to the extent expressly permitted elsewhere in this Agreement; (ii) host or provide matchmaking services for the Service or emulate or redirect the communication protocols used by MMOEdge in any network feature of the Service, through protocol emulation, tunneling, modifying or adding components to the Service, use of a utility program or any other techniques 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, websites or services, without the prior written consent of MMOEdge; or (iii) exploit the Service or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement.
Disclaimer of Warranty and Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SURVIVORS REST MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. SURVIVORS REST PROVIDES THE SITE AND SERVICE "AS IS" AND "AS AVAILABLE". YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND SERVICE MAY BE TERMINATED AT ANY TIME BY SURVIVORS REST OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. SURVIVORS REST DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE SITE AND SERVICE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SURVIVORS RESTs WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SURVIVORS REST AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SURVIVORS REST HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT SURVIVORS REST IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, SURVIVORS RESTs TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless MMOEdge, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or the Service.
MMOEdge will have the right to investigate and prosecute violations of any term or provision of this Agreement or your use of the Site and Service, including without limitation, possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. MMOEdge may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement or other applicable law. You acknowledge that, although MMOEdge has no obligation to monitor your access to or use of the Site and Service, it has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You further acknowledge that during the pendency of any investigation, MMOEdge may revoke your access to the Site, the Service or any funds you may have deposited or received with respect to the Service.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD SURVIVORS REST HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SURVIVORS REST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SURVIVORS REST OR LAW ENFORCEMENT AUTHORITIES.
MMOEdge may update this Agreement or any section of this Agreement, in whole or in part, at any time, subject to applicable law. Your continued use of the Site or Service after the effective date of such amendment constitutes your acceptance of this Agreement, as amended.
This Agreement shall be governed by and construed by the laws of England, Northern Ireland, Scotland and Wales. This Agreement is the entire and exclusive agreement between MMOEdge and you regarding the Service, and this Agreement supersedes and replaces any prior agreements or understandings between MMOEdge and you regarding the Site and Service.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from this Agreement and shall not affect the validity of this Agreement as a whole.
You shall not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder to any third party without the prior written consent of MMOEdge, which consent is within MMOEdge sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. MMOEdge shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and MMOEdge.
The failure of MMOEdge to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement or any party hereof by MMOEdge must be in writing and signed by an authorized representative of MMOEdge.