Conditions of Use

Last Updated : June 5th, 2014

UndeadStudios ("UndeadStudios", "our" or "we") provides game development products, and the various UndeadStudios communities (collectively, the "Services") through or in connection with our website, accessible at undeadstudios.com (the "Site") Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at http://undeadstudios.com/privacy.php and which is incorporated herein by reference into these Terms. These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, audio, video, information or other materials available through the Site and Services ("Content") and constitute a binding legal agreement between you and UndeadStudios.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY POSTING ANY USER CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, CONTENT OR USER CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

UndeadStudios reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility

The Site and Services are intended solely for persons who are 13 or older provided, however, you must be at least 18 to make purchases or submit content to UndeadStudios. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

UndeadStudios Account Registration

In order to use the services provided by UndeadStudios , you must be at least 18 years old and must register for a UndeadStudios Account. During the registration process, you will be required to provide certain information and you will establish a email address and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. UndeadStudios reserves the right to suspend or terminate your UndeadStudios Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your UndeadStudios Account, whether or not you have authorized such activities or actions. You will immediately notify UndeadStudios of any unauthorized use of your UndeadStudios Account.

Purchases; Billing Information

UndeadStudios makes Software licenses, upgrades and support services available for purchase and download via the Site and Services. If you choose to make a purchase via the Site and Services, you will be asked to provide customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to UndeadStudios or its third party payment processor. VAT numbers cannot be added or changed after the purchase is completed. You agree to pay UndeadStudios for all purchases (including all applicable taxes) made via the Site and Services and you hereby authorize the collection of such amounts by charging the credit card provided as part of your order, either directly by UndeadStudios or indirectly, via a third party online payment processor. UndeadStudios may also disable all copies of the Software you have licensed in the event you fail to make all payments due. If you are directed to UndeadStudios's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Privacy Policy. Please review such third party's terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law.

Privacy

See UndeadStudios's Privacy Policy at http://undeadstudios.com/privacy.php for information and notices concerning UndeadStudios's collection and use of your personal information.

Ownership

The Site, Services, Content and User Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms, UndeadStudios and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content and User Content.

Content License

Subject to your compliance with the terms and conditions of these Terms, UndeadStudios grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or User Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UndeadStudios or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site, UndeadStudios's name, any UndeadStudios trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without UndeadStudios's express written consent;
  • Access, tamper with, or use non-public areas of the Site, UndeadStudios's computer systems, or the technical delivery systems of UndeadStudios's providers;
  • Attempt to probe, scan, or test the vulnerability of any UndeadStudios system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by UndeadStudios or any of UndeadStudios's providers or any other third party (including another user) to protect the Site, Services or Content;
  • Attempt to access or search the Site, Services, Content or User Content (other than your own User Content) or download Content, User Content (other than your own User Content) or Software from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by UndeadStudios or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a UndeadStudios trademark, logo URL or product name without UndeadStudios's express written consent;
  • Use the Site, Services, Content or User Content (other than your own User Content) in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Content or User Content (other than your own User Content) to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Content or User Content (other than your own User Content);
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

UndeadStudios will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. UndeadStudios may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that UndeadStudios has no obligation to monitor your access to or use of the Site, Services, Content or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You further acknowledge and agree that UndeadStudios reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, UndeadStudios and its designees shall have the right, at any time and without prior notice, to remove or disable access to any Content or User Content that violates these Terms, is otherwise harmful to the Site or Services, or is otherwise objectionable in UndeadStudios's sole discretion. You acknowledge and agree that UndeadStudios does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. Furthermore, you acknowledge and agree that if Services are offered or provided through another entity, including, but limited to, through another entity's website (e.g. Facebook), you agree to abide by that third party's terms of service, and we encourage you to review such terms of service.

Copyright Policy

UndeadStudios respects copyright law and expects its users to do the same. UndeadStudios has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that UndeadStudios is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by UndeadStudios of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, UndeadStudios will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. UndeadStudios reserves the right to revoke your access to and use of the Site, Services and Content and to terminate these Terms, with or without cause, at any time. In the event UndeadStudios terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to undeadstudios using the contact form

Disclaimers

THE SITE, SERVICES, CONTENT AND USER CONTENT (OTHER THAN YOUR OWN USER CONTENT) ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UNDEADSTUDIOS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UNDEADSTUDIOS MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UNDEADSTUDIOS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNDEADSTUDIOS OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT UNDEADSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES UNDEADSTUDIOS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. UNDEADSTUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold UndeadStudios, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CONTENT AND USER CONTENT REMAINS WITH YOU. NEITHER UNDEADSTUDIOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNDEADSTUDIOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL UNDEADSTUDIOS'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SOFTWARE, CONTENT OR USER CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO UNDEADSTUDIOS FOR USE OF THE SITE, SERVICES, SOFTWARE OR CONTENT OR ONE HUNDRED DOLLERS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO UNDEADSTUDIOS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UNDEADSTUDIOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of UndeadStudios used herein are trademarks or registered trademarks of UndeadStudios. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be subject to the exclusive jurisdiction of the courts of England. Notwithstanding the foregoing, you agree that UndeadStudios shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between UndeadStudios and you regarding the Site, Services, Content and User Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UndeadStudios and you regarding the Site, Services, Content and User Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without UndeadStudios's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. UndeadStudios may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by UndeadStudios (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of UndeadStudios to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UndeadStudios. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


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