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Disclaimer |
TERMS OF USE FOR SWCOMBINE™ THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH SWCOMBINE (COLLECTIVELY, "SWC") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY THE SWCOMBINE ONLINE FANTASY ROLE PLAYING SIMULATION (THE "GAME"). BY CLICKING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY CLICKING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU MUST NOT REGISTER OR USE THE GAME. 1. Accounts are available only to adults or, at their discretion, their minor child of at least thirteen years of age (for the purposes of this Agreement, a "minor child" is a person of at least thirteen years of age who has not reached the age of majority under the law of the jurisdiction in which he or she resides). If you are a minor child, your parent or guardian must complete the registration process, in which case he or she takes full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are accepting this Agreement either on behalf of yourself or your minor child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one minor 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 minor child. Corporations and other entities are not eligible to procure Accounts. 2. To play the Game, you must: (i) have a fully registered Account; (ii) have a valid browser; and (iii) have an Internet connection (which we do not provide or pay for) to access your Account. You are responsible for all hardware, software, service and other costs you incur to access your Account. We may update or otherwise enhance the Game and/or the Software at any time, and downtime may occur during such periods. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time. 3. We may amend this Agreement at any time at our sole discretion. Amendments to this Agreement or to Game rules will be communicated via the Sim News. Such amendments shall be effective at the time you access your Account or play the Game after we make the notification publicly available. 4. In the Character Creation process, you will be required to choose a name for your Character ("Handle"). While you are strongly encouraged to use a pseudonym rather than your real name, especially if you are a minor child, you may not choose a Handle that is also the name of an existing character or entity from another universe or from real life. Your chosen Handle must sound like a name and may not be a phrase or obscenity in any language. You may not disclose your password to any third party. We will never ask you for your password, and you should not disclose it if someone asks you to do so. Sharing your Account will result in the ban of your Account and any other Accounts involved. Although we may offer a feature that allows you to "save" or "remember" your password via Cookies, or that you may use a third-party program to store your password for you, please note that third parties may be able to access your computer and thus your Account. We are not responsible for the security of your personal computer or Internet-capable device and cannot guarantee that you will retain access to your Account if it is accessed by another party. 5. SWC is free of charge and you will never be billed. If you choose to terminate your Account, simply stop logging in. Accounts are not automatically deleted and you will be able to return to it in the future if you choose. If you wish to permanently delete your account, please contact a member of the SWC Administration or submit a support ticket at support.swcombine.com. 6. We may terminate this Agreement and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) if you infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; (iv) if you violate any of the SWC rules detailed on the Rules pages of the website (which we will amend or supplement from time to time, at our discretion), or (v) if you engage in game play, chat or any player activity whatsoever which we, at our discretion, determine is inappropriate and/or in violation of the spirit of the Game. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension, which may be permanent. We may also terminate this Agreement if we decide, at our sole discretion, to discontinue offering the Game. 7. You may not use any third party software, automated macros, or similar modications to automate or change game play, or knowingly attempt to play in such a way that it contradicts the posted rules. You may not decrypt or modify any data transmitted between client and server; you may not use or distribute macros or other programs which would allow unattended game play. You may not take any action which imposes an unreasonable or disproportionately large load (as determined by us) on our infrastructure. You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Account or any Game characters, items, credits, entities, or copyrighted material or any other intellectual property owned or controlled by us or our licensors. 8. 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, avatars, in-game posts and chat, and in chat rooms and similar user-to-user areas (collectively, your "Content"). If we, or our licensors, can reasonably construe that your Content contains any material that infringes any of our respective or collective intellectual property interests (hereafter, such Content shall be referred to as "Derivative Content"), you hereby acknowledge and agree that any such Derivative Content is owned by our licensors or us. For any of your Content that is not a Derivative Content, you hereby acknowledge that we have the right to remove or limit your Content if we deem it inappropriate. Your Content shall not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) be defamatory, obscene, child pornographic or harmful to minors; (iv) contain any viruses, trojan horses, worms, time bombs, cancelbots or other routines or components that are intended to damage,detrimentally interfere with, decrypt, intercept or expropriate any system, data or personal information, or (v) violate any SWC rules. 9. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties where demanded by law. For example, we may be forced to disclose information to the government 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, at our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. For persons in European Union countries, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "Directive"). Your personal data will never be sold by us or shared by us for marketing purposes. We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. You acknowledge and agree that we may transfer such information (including, without limitation your personally identifiable information or personal data) to the United States or other countries or may share such information with any licensees and agents in connection with SWC; you should be aware that different laws and/or regulations may apply outside the European Union with respect to your personal data. Furthermore, if you request any technical support, you consent to our accessing of any information required for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game and any services or functions that may in the future be provided by us or on our behalf. You may choose to visit the Internet Relay Chat server and its chat rooms, any Discord™️ servers officially endorsed by SWC, or any forums operated by SWC staff on behalf of SWC. You are subject to the terms and conditions, privacy customs and policies of SWC while on any areas of the site. Additionally, you may be subject to the terms and conditions,privacy customs and policies of any third-party products you use. Solely for the purpose of patching and updating SWC, you acknowledge that: (i) any and all character data is stored and is resident on SWC servers, and (ii) any and all communications that you make within the Game (including, but not limited to messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, and that (iii) you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. 10. SWC EXPRESSLY DISCLAIMS 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. 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. 11. WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE GAME, YOUR ACCOUNT OR CONTINUED OPERATION OR AVAILABILITY OF ANY SWC SERVERS. 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. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE GAME IN CONNECTION WITH YOUR HARDWARE AND SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION OF YOUR HARDWARE AND SOFTWARE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. 12. IN NO EVENT SHALL SWC OR ITS STAFF BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF SWC OR ITS STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SWC AND ITS STAFF TO YOU OR ANY THIRD PARTIES IS LIMITED TO $0. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SWC AND ITS STAFF TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SWC AND/OR ITS STAFF FROM SEEKING ANY INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU. 13. You shall comply with all applicable laws regarding your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export aspects of SWC except in full compliance with all applicable laws and regulations. If you are a programmer for the Game, your code will become the property of SWCOMBINE™ and with your participation you automatically accept this condition. You may reuse the code that you wrote yourself for other projects, but you may not copy any code that other programmers contributed to the Game for other projects, without specific approval from head administration, with the exception of minor, small, code snippets that are not highly original. If you submit artwork that is accepted for the Game, your artwork will become the property of SWCOMBINE™ and with your participation you automatically accept this condition. You may reuse the artwork that you created yourself for other projects, but you may not copy the artwork other artists contributed to the Game for other projects, without specific approval from the current SWCOMBINE™ ADMINISTRATION OR ART DIRECTOR, with the exception of custom images in game. You also may not link SWCOMBINE™ artwork to any other game without the approval of the SWCOMBINE™ ADMINISTRATION OR ART DIRECTOR. If you make any other content contributions to the Game, that content will become the property of SWCOMBINE™ and with your participation you automatically accept this condition. 14. If any provision of this Agreement is held to be invalid or unenforceable under the laws of your jurisdiction, such provision shall be struck and the remaining provisions shall be enforce, nothing herein is intended to interfere with your statutory rights except to the extent permitted under applicable law. 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 you and SWC with respect to the subject matter hereof. 15. If you have any questions regarding your Account or play of the Game, please contact SWC technical support or the Administration. 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. 16. NOTICE OF NON-AFFILIATION: STAR WARS COMBINE™ IS OWNED AND OPERATED BY CSGX TECHNOLOGIES LLC, AN INDEPENDENT ENTITY. WE ARE NOT AFFILIATED, ASSOCIATED, AUTHORIZED, ENDORSED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH ANY OTHER COMPANY, AGENCY OR GOVERNMENT AGENCY. ALL PRODUCT AND COMPANY NAMES ARE TRADEMARKS™️ OR REGISTERED ©️ TRADEMARKS OF THEIR RESPECTIVE HOLDERS. USE OF THEM DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT BY THEM. |
