DARKFALL: NEW DAWN Terms of Service (“TOS”)
By entering your personnal informations, creating an account, playing the DARKFALL: NEW DAWN Game, accessing the DARKFALL: NEW DAWN World and hitting the “I ACCEPT” button, you agree you are submitting a legally binding offer to conclude a contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract. Following the Terms Of Service) (“TOS”), you agree to be bound by them and waive any defense based on the method or manner through which your agreement to these TOS have been entered to.
DARKFALL: NEW DAWN is created by Ub3rgames. There are two components to DARKFALL: NEW DAWN, the game client that you install on your computer (the “Game”) and the online service where the virtual world where the game is played (the “World”). Your use of the Game and the World are governed by these Terms of Service and the End User License Agreement (“EULA”) that you agreed to when you installed the Game on your computer. You must agree to accept both the TOS and the EULA before you can play DARKFALL: NEW DAWN. The TOS is set out in detail below and also available on the DARKFALL: NEW DAWN web site. The EULA is incorporated into these TOS by this reference. By installing and playing DARKFALL: NEW DAWN you are specifically agreeing to both these TOS and the EULA.
Limited License to the WorldYour participation in the Game and the World are subject to your ongoing agreement to and compliance with these TOS. Ub3rgames grants you a non exclusive, non transferable, revocable license to the Game and the World, subject to these TOS and the EULA. You may only use the Game and the World for your entertainment. Any commercial uses of the Game or the World by you is strictly prohibited.
Conditions and LimitationsYour Limited License to the World and the Game is subject to the following conditions and limitations:
- You will not use and distribute cheats, bots, hacks, mods or any other third-party software not specifically offered or authorized by UB3RGAMES that modifies or alters the Game or the World;
- You will not commercially exploit the Game or the World in any manner including, but not limited to, the playing of the Game at a cyber café, computer gaming center or any other location-based site that does not have the written consent of Ub3rgames;
- You will not commercially exploit the Game or the World by gathering or acquiring in-game currency, items or resources that are sold outside the Game or the World;
- You will not commercially exploit the Game or the World by providing any services on the Game or the World for financial benefit or payment from outside the Game or the World;
- You will not use any unauthorized third-party software that intercepts or otherwise collects information from or through the Game or the World such as software used to collect data from your computer or from the World through your computer regarding a character in the Game or in the World or any third party created player interface that is not specifically authorized by Ub3rgames;
- You will not modify any files that are a part of the Game or of the World or use any hacks of cheats while playing in the Game or the World;
- You will not host, develop or participate in any matchmaking services for the Game or the World unless specifically authorized by Ub3rgames to do so;
- You will not participate or facilitate any unauthorized play of the Game or the World over the internet or any private network;
- You will not participate or facilitate in any manner any connection to the Game or the World on any server that is not authorized and maintained by Ub3rgames or those authorized to provide a server by Ub3rgames;
- You will not in any manner disrupt or facilitate in the disruption of any server used to support the World or any other player’s computer used to play the Game or access the World including, but not limited to, ping bombing or denial of service attacks. You acknowledge that, in addition to such actions being a violation of these TOS and the EULA, they may also be in violation of criminal and civil law and could subject you to criminal and civil penalties;
- You will not use the Game or the World in any manner that violates any law, government regulation or that interferes with any third party rights.
Restricted contentYou acknowledge that the individual agreeing to the license and opening a player account is an adult (more than 18 years) and that this license is for the use of the Game and the World on a single computer either for that adult or for one minor child that they are either the parent or legal guardian of whom they have authorized to use the account created for their use by the adult parent or guardian.
Ub3rgames ownership of the Game and the WorldUb3rgames, or the licensors of any additional works incorporated into the Game and the World, owns all rights and title to the Game and the World. This exclusive ownership includes all player accounts and characters, any player virtual content acquired in the World with the Game, computer code, art, animations, sounds, musical compositions, visual effects, characters, character names, stories, dialogue, locations, concepts, moral rights, documentation, “applets” incorporated into the Game and transcripts of the chat, character profile information, player generated recordings of games played the Game and the World, server technologies and everything created with the Game or in the World. You understand and acknowledge that Ub3rgames will constantly make changes to the Game and the World and will, in its sole discretion, modify features, functions or abilities of any element of the Game or the World, without limitation.
DARKFALL: NEW DAWN AccountIn order to play to Darkfall: New Dawn, each player must establish an account with the DARKFALL: NEW DAWN system. When creating an account you will provide Ub3rgames with personal and financial information as well as the Authentication Key provided to you when you purchased the Game. You must provide accurate informations to Ub3rgames and update theses informations promptly after their changes. Once you establish your account you will select a player name and set up a password for your account. Do not share your player name or password with anyone else. You are responsible for maintaining the confidentiality of your account player name or password, and you will be responsible for all uses of your account player name or password, whether you authorize its use or not. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your account player name or password, you must immediately notify Ub3rgames using the mail address on the official DARKFALL: NEW DAWN website: firstname.lastname@example.org .
Account OwnershipThe account you create for Darkfall: New Dawn represents your license to play the game in the World. It does not impart or represent any ownership right to you in any characters, item or content in the game or in the world. You understand and agree that all of the content in the game and the World are the exclusive property of Ub3rgames and you have no property right or other vested interest of any kind in your account or in any of the in-game characters, items or attributed acquired by your characters in the game or in the world. you agree and acknowledge that any and all rights to your account are owned by Ub3rgames.
Management of AccountsYou acknowledge and agree that Ub3rgames, at its sole discretion, may suspend, modify, or delete your account at any time for any reason or for no reason with or without notice to you. If for any reason or for no reason you account is terminated, suspended or altered in any manner you will not be entitled to compensation for the time you spent playing the game in the world or for any other compensation. For informational purposes only, and not as a limitation of Ub3rgames’s rights, most adverse account actions are related violations of these TOS or the EULA.
In Game and in World ConductDARKFALL: NEW DAWN is for the entertainment and enjoyment of all of its players. So, there are rules of conduct that help keeping the game fun for everyone and also protecting Ub3rgames’s rights. You must comply with these rules while playing the Game in the World and also while posting on the related DARKFALL: NEW DAWN forum, including those on any third party fan sites. These rules must be complied with by everyone who plays DARKFALL: NEW DAWN without exception. All account holders agree to comply with the rules of conduct. The rules set out here are in no way meant to limit any of Ub3rgames’s discretionary rights regarding accounts of conduct. They are guidelines that should be followed at all times. Ub3rgames retains the right to change these rules of conduct at any time.
Player ConductThe following rules of conduct apply to all players within the Game, the World, and on the official DARKFALL: NEW DAWN web sites or forums.
- While playing DARKFALL: NEW DAWN, you must respect the rights of others and their rights to play and enjoy the game.
- You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You will not report players maliciously, or cause them to be investigated by UB3RGAMES for misconduct or violation of these TOS or the EULA without reason.
- You may not post or communicate any player’s real world information (name, address, account names, etc.) in the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not post or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive imagery or content within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- When communicating in DARKFALL: NEW DAWN using the chat (including, without limitation, server wide chat and use of the whisper command), you may not spam, flood, or make duplicate posts.
- You may not impersonate any employee of UB3RGAMES or anyone acting under the authority of Ub3rgames or its affiliates within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not violate any local, state, national, or international laws or regulations within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not market, promote, advertise, or solicit within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not trick, cheat or defraud any fellow player out of game currency, items or any other in a game item of value, outside of the scope of in-game role-playing. You may not engage in these activities where out-of-game communications or real currency is involved.
- You will follow the instructions of authorized personnel while in DARKFALL: NEW DAWN or on the official DARKFALL: NEW DAWN website.
- You may not organize nor be a member of any Guild or other groups within the Game or the World that are based on, reflect or espouse any racist, sexist, anti-religious, anti-ethnic, anti-LGBTQIA+, or other hate mongering philosophies.
Player and Guild NamesEach player gets to select a player name. However, these names have certain restrictions on them. Guilds are also an important part of the DARKFALL: NEW DAWN community. So, the names of Guilds are also governed by the following rules:
- You may not use any name that belongs to another person with the intent to impersonate that person, including any employee of UB3RGAMES or anyone acting under the authority ofUb3rgames or its affiliates within the Game, the World or on the official DARKFALL: NEW DAWN web sites.
- You may not use any name that incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, sexually, or otherwise objectionable.
- You may not use any name that belongs to a public figure, celebrity, or media personality.
- You may not use any name that is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
- You may not use any name that belongs to any religious figure or deity.
- You may not use any name that is from the DARKFALL: NEW DAWN Game or World.
- You may not use any name that relates to drugs, sex, alcohol, or criminal activity.
Use of DARKFALL: NEW DAWN contentYou may use our images, text, and video or audio files from the Game and the World within the following rules:
- The content must be used in a noncommercial context for private, personal use only.
- You must include all copyright and other notices associated with the content.
- You will not create or display any content or video of the Game or the World that alter the content in a negative manner to misrepresent the content or gameplay in a negative way.
- You acknowledge and agree that any use of DARKFALL: NEW DAWN content does not impart on you, in any manners, any rights and whatsoever, and that every content is the property of Ub3rgames and has not been conveyed to you except as permitted in these TOS and the EULA.
- You agree that Ub3rgames has the right to request removal of your content at any time, for any reason or for no reason.
- You acknowledge and agree that you will not use our content on sites that contain or link to sites containing hacks or cheats, pornography, inflammatory content, infringing or unlawful content.
Transfer of account or Virtual Items is prohibitedUb3rgames does not allow or recognize the transfer of accounts or any virtual items acquired in the Game or the World. You cannot sell, purchase or trade any account, or offer to sell, purchase or trade any account. Similarly, since Ub3rgames owns all of the content in the Game and the World, you cannot sell or purchase any virtual items or characters from the Game or the World. Similarly, you cannot trade in-game items from the Game or the World for money or anything else of value from outside the Game or the World.
Disclosure of InformationYou acknowledge and agree that Ub3rgames has the absolute right, at its sole discretion, and without notice to you, to disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other informations about you and your activities in response to a request by law enforcement, a court order or other legal process, if doing so may protect your safety or the others’s safety or to protect or enforce Ub3rgames’s rights in the Game and the World.
Active Game and Account MonitoringYou agree that Ub3rgames may use whatever procedures or protocols it may deem necessary to monitor your computer and activity in the Game and the World. This may include, but is not limited to, monitoring your personal computer to determine the validity of your installation, your account, and the Game, and to assure that you are not using any third party software that might violate these TOS or the EULA. You agree that Ub3rgames or its authorized agents, may monitor, by any means, your computer’s CPU, operating system, video card, sound card, and memory information, in order to analyze and optimize your game experience, to improve and maintain the Game and the World, or to provide customer service. If you request customer service or technical support, you understand and agree to Ub3rgames or its authorized agents engaging in remote access and review of your computer for purposes of such support. In addition, though not obliged to do so, Ub3rgames may monitor, record, review, modify or disclose any player chat in the Game of the World, whether voice or text, without notice, and you hereby consent to such monitoring, recording, reviewing, modification or disclosure. Notwithstanding the foregoing, you understand that you participate in any chat in the Game or the World at your own risk.
Multiplayer EnvironmentThe Game and the World are simultaneously accessible by multiple game players. As a result, you may encounter other players who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game and in the World. You should report any instances of such behavior to Ub3rgames. Ub3rgames will endeavor to investigate and take whatever actions Ub3rgames, in its sole judgment, determines are reasonable under the circumstances. Ub3rgames does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game in the multiplayer World, and Ub3rgames assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for the conduct any other players.
No WarrantyThe Game and the World are provided to you “as is” and Ub3rgames does not warrant that the Game or the World will be uninterrupted or error-free, that defects will be corrected, or that the game or the world are free of viruses or other harmful components. Ub3rgames disclaims all warranties, express or implied, including without any implied warranties of merchantability or fitness for any particular purpose or use or non-infringement. Ub3rgames does not warrant that the Game or the World will continue to be provided in its present form or in any form.
Limitation of LiabilityAs a condition of the limited license to the Game and the World and of your continued use and access to the Game and the World, you agree that Ub3rgames or its agents, subsidiaries, licensors or affiliates will not be liable in any way for damage or loss of any kind resulting from your use of or inability to use the game or world. Any loss or damage to your player characters, accounts, statistics, inventories or player profile information, for any interruptions of your ability to play the game or access the world, for any software or hardware failures or any other event which may result in a loss of data or disruption of your ability to play the game or access the world. you further agree that you will not assert or make any claim or suit against Ub3rgames or its agents, subsidiaries, licensors or affiliates related to or based on your claimed ownership of any virtual character or goods in the game or the world or for the deletion or termination of your player account or content, in whole or in part, for any reason or for no reason.
Right of withdrawalYou have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal you shall inform us, Ub3rgames, 123, avenue de Fontainebleau 94270 Le Kremlin Bicêtre, France, (email@example.com) of your decision to withdraw by an unequivocal statement (e.g. written letter sent by post or mail sent) including your name, address, Darkfall: New Dawn account name, order number, date of order and date of withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Note that after the period of 14 days, there are no refunds if you decide to terminate your subscription early as the Digital Content will be available for your use until the subscription period ends.
Withdrawal formTo: Ub3rgames 123 avenue de Fontainebleau 94270 Le Kremlin Bicêtre France I hereby give notice that I withdraw from my contract of sale of the following digital content/for the provision of the following service: [please insert name of digital content/service] Ordered on: [please insert date] Order number: [please insert order number] Name: [please insert your name] Address: [please insert your address] Darkfall: New Dawn account: [please insert your Darkfall: New Dawn account email address] Date: [Please insert date and if sent by mail to (firstname.lastname@example.org), signature]
Effects of withdrawalIf you withdraw from the contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
ImportantYou hereby expressly acknowledge that you lose your right of withdrawal in respect of the purchase of Digital Content once the performance has begun. You hereby expressly acknowledge that you lose your right of withdrawal in respect of any Services if the performance has begun with your express consent and once the contract has been fully performed by us.
Governing Law and VenueThese TOS and the EULA incorporated herein are governed by and construed in accordance with the laws of France and will be binding upon the account holders in the Game and the World worldwide. You hereby agree to the jurisdiction of the appropriate judicial tribunal in France. You agree to the resolution of any and all disputes arising under these TOS and the EULA, or actions to enforce the terms of these TOS or the EULA, in the exclusive jurisdiction of France Courts and waive any objection to such venue or exclusive jurisdiction.
Additional Ub3rgames RemediesYou agree that your compliance with these TOS and the EULA are necessary and reasonable in order to protect Ub3rgames and its business, and expressly agree that monetary damages would be inadequate to compensate Ub3rgames for any breach of these TOS or the EULA. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Ub3rgames and that, in addition to any other remedies that may be available in law, equity or otherwise, Ub3rgames will be entitled to obtain injunctive relief against the threatened breach of the Agreement or the continuation of any such breach by you, without the necessity of a bond or proving actual damages.
Severability of ProvisionsIf a court of competent jurisdiction holds any term, covenant or restriction of these TOS or of the EULA to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and provisions will remain in full force and effect and will in no way be affected, impaired or invalidated. If any provision in these TOS or the EULA is determined to be unenforceable in equity because of its scope, duration, geographical area or other factor, then the court making that determination will have the power to reduce or limit such scope, duration, area or other factor, and such provision will be then enforceable in its reduced or limited form.
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