Terms of Service
The Dead Frontier web site -- www.deadfrontier.com ("Website") -- and any other web sites, features, content, applications or services owned or operated by Dead Frontier (collectively, "Dead Frontier Online"). This Terms of Service ("Agreement") is for the users, customers, and others who visit and use Dead Frontier Online (collectively or individually, "Members").
The services hereunder are offered by Creaky Corpse Ltd.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF Service. By accessing, browsing, using and/or REGISTERING FOR Dead Frontier Online, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use Dead Frontier Online.
1. Privacy Notice.
Your privacy is important to Dead Frontier. Dead Frontier's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
You should never display any personal information that could be used to find you in the real-life with strangers or people you just met -- for example, your home address or phone number.
2. Individual Features and Services.
When using Dead Frontier Online, you will be subject to any additional posted guidelines or rules including but not limited to Dead Frontier's Rules and the "Announcements" or "Stickies" found in the Dead Frontier Online Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
3. Modification of these Terms.
Dead Frontier reserves the right to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms and any Guidelines periodically for changes. Your continued use of Dead Frontier Online after the posting of changes constitutes your binding acceptance of such changes.
4. Prohibited Conduct -- BY USING DEAD FRONTIER ONLINE YOU AGREE not TO:
- "stalk", harass, threaten, or defraud other Dead Frontier Members;
- send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Dead Frontier Members;
- make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Dead Frontier, or send junk mail or chain letters to other Members;
- impersonate another person or access another Member's account without permission, or impersonate Dead Frontier staff;
- fail to deliver payment for any purchases made on Dead Frontier Online;
- share Dead Frontier-issued passwords with a third party or encourage another Member to do so;
- misrepresent the source, identity, or content of information transmitted via Dead Frontier Online, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;
- use or encourage others to use Dead Frontier Online for any illegal purpose;
- use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
- interfere with any security-related features of Dead Frontier Online;
- intentionally interfere with the operation of Dead Frontier Online or any Member's enjoyment of it, including intentionally posting inflammatory statements to get a reaction ("Trolling");
- post, request, or link to sexually explicit material or conduct;
- discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Dead Frontier or any third party;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Dead Frontier Online, except to the limited extent applicable laws specifically prohibit such restriction;
- use bots on the site; buy, sell or trade Dead Frontier Credits for non-Dead Frontier items (including cash) or vice versa; or attempt to hack or scam other members;
- engage in any other conduct prohibited by our Rules and Guidelines.
5. Eligibility; Account Information.
Dead Frontier Online is not available to persons under the age of 13 or to any Members suspended or removed from Dead Frontier Online by Dead Frontier. You agree that the information you provide to Dead Frontier during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. Dead Frontier may, in its sole discretion, refuse to offer Dead Frontier Online to any person or entity. Dead Frontier may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Dead Frontier Online is revoked in such jurisdictions.
When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur within your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may be liable for the losses incurred by Dead Frontier or others due to any unauthorized use of your account.
7. Ownership; Proprietary Rights.
Dead Frontier is owned by Creaky Corpse Ltd. The visual GUI, images, design, compilation, information, code, products, software, services, and all other elements of Dead Frontier Online provided by Dead Frontier, including without limitation any artwork, Dead Frontier virtual items, Dead Frontier Credits, Dead Frontier Cash, Dead Frontier Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Dead Frontier Online are the property of Dead Frontier or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Dead Frontier or its affiliates and/or third-party licensors. Except as expressly authorized by Dead Frontier, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.
8. Messaging and Chat
You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Dead Frontier Online. Dead Frontier accepts no responsibility whatsoever in connection with or arising from such Messages. Dead Frontier does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Dead Frontier prior to posting and do not necessarily reflect the opinions or policies of Dead Frontier. Dead Frontier makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Dead Frontier reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
- Dead Frontier assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Dead Frontier chooses, in its sole discretion, to monitor the Forums, Dead Frontier nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Dead Frontier accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
9. Prohibited Uses.
- Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Dead Frontier Online from locations outside of the United Kingdom do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside. Members visiting Dead Frontier Online from countries outside of the United Kingdom must agree to abide by all local rules regarding online conduct and acceptable content.
- Any use of Dead Frontier Online other than for private, non-commercial use is strictly prohibited. As a condition of your use of Dead Frontier Online, you will not use Dead Frontier Online for any purpose that is unlawful or prohibited by these Terms. You may not use Dead Frontier Online in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of Dead Frontier Online. You may not attempt to gain unauthorized access to Dead Frontier Online, or any part of them, other accounts, computer systems or networks connected to Dead Frontier Online, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Dead Frontier Online or any activities conducted on Dead Frontier Online. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Dead Frontier Online. You agree neither to modify Dead Frontier Online in any manner or form, nor to use modified versions of Dead Frontier Online, including (without limitation) for the purpose of obtaining unauthorized access to Dead Frontier Online.
- Dead Frontier Online may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Dead Frontier Online for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Dead Frontier Online.
10. Credits & Cash: Virtual Currency.
Throughout your Dead Frontier Online experience, you may accumulate "Credits" or "Cash" which constitutes a limited license right to use a feature of Dead Frontier Online when, as, and if allowed by Dead Frontier. Credits and Cash are the fictional currencies used in the world of Dead Frontier Online and they may be used to purchase virtual goods or virtual services which are stored in the Member's inventory and can be used to enhance the look of the Member's on-line persona or player, also known as an "Avatar", or other on-site features. Dead Frontier may charge fees for the right to use Credits (or Cash), or may distribute Credits (or Cash) without charge, in its sole discretion. Regardless of terminology used, Credits and Cash represent a limited license right governed solely under these Terms, have no real value, and are not transferable or redeemable for any sum of money or monetary value from Dead Frontier at any time. You agree that Dead Frontier has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Credits or Cash as it sees fit in its sole discretion, and that Dead Frontier will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout Dead Frontier Online in the context of Credits or Cash transfer: (a) the term "sell" means "to transfer for consideration to another Member or Dead Frontier the licensed right to use Credits or Cash in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Dead Frontier the licensed right to use Credits or Cash in accordance with these Terms." Dead Frontier may halt, suspend, discontinue, or reverse any Credits or Cash transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with Dead Frontier Online.
11. Fees and Payment Terms.
Dead Frontier may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. Dead Frontier reserves the right to change its fees at any time, and will provide notice upon the site. Use of Dead Frontier Online by you following such notification constitutes your acceptance of any new or increased charges. If you purchase a Gold Member Subscription, buy "Dead Frontier Credits" to purchase virtual merchandise or services, or otherwise buy products or services from Dead Frontier Online, then you agree to pay for any such purchases, Dead Frontier Credits, products and services and we may charge your selected payment method to collect any such payments.
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Dead Frontier Online, including, but not limited to, sales, use or value-added taxes. To the extent Dead Frontier is obligated to collect such taxes, the applicable tax will be added to your billing account.
If you wish to dispute any fees you may do so via Dead Frontier Online's in-game support system. You may not under any circumstances initiate a chargeback or dispute via a 3rd party payment processor without our express written consent. Doing so is a violation of this agreement and may result account termination and/or legal action.
12. Third-Party Sites, Products and Services; Links
- Dead Frontier Online may include links to other web sites or services solely as a convenience to Members ("linked sites"). Dead Frontier does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Dead Frontier makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Dead Frontier shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Dead Frontier Online are solely between you and such advertiser. You agree that Dead Frontier will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Dead Frontier Online.
13. Violations; Termination.
You agree that Dead Frontier, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Dead Frontier or your use of Dead Frontier Online and remove and discard all or any part of your account including its inventory of any virtual items, Dead Frontier Credits, Dead Frontier Cash Member profile, or any Member Submission, at any time. As all items, Dead Frontier Credits, Dead Frontier Cash, and other aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. Dead Frontier may also in its sole discretion and at any time discontinue providing access to Dead Frontier Online, or any part thereof, with or without notice. You agree that any termination of your access to Dead Frontier Online or any account you may have or portion thereof may be effected without prior notice, and you agree that Dead Frontier shall not be liable to you or any third party for any such termination. As discussed herein, Dead Frontier does not permit copyright infringing activities on Dead Frontier Online, and reserves the right to terminate access to Dead Frontier Online, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Dead Frontier Online may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Dead Frontier may have at law or in equity.
14. Disclaimers; No Warranties.
You acknowledge that Dead Frontier has no control over, and no duty to take any action regarding: which users gain access to Dead Frontier Online; what Materials you access via Dead Frontier Online; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Dead Frontier Online may contain links to websites containing information that some people may find offensive or inappropriate. You release Dead Frontier from all liability for you having acquired or not acquired Materials through the Website.
Dead Frontier Online AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH DEAD FRONTIER ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DEAD FRONTIER, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DEAD FRONTIER, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN DEAD FRONTIER ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Dead Frontier Online OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEAD FRONTIER, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF DEAD FRONTIER IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DEAD FRONTIER NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF DEAD FRONTIER ONLINE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Indemnification; Hold Harmless.
You agree to indemnify, save, and hold Dead Frontier, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Dead Frontier Online, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Dead Frontier reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Dead Frontier, and you agree to cooperate with Dead Frontier's defense of these claims.
16. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DEAD FRONTIER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON DEAD FRONTIER ONLINE, OR ANY OTHER INTERACTIONS WITH DEAD FRONTIER, EVEN IF DEAD FRONTIER OR A DEAD FRONTIER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DEAD FRONTIER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL DEAD FRONTIER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF DEAD FRONTIER ONLINE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER DEAD FRONTIER ONLINE MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING DEAD FRONTIER ONLINE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN DEAD FRONTIER AND RECEIVED THROUGH OR ADVERTISED ON DEAD FRONTIER ONLINE OR RECEIVED THROUGH ANY LINKS PROVIDED ON DEAD FRONTIER ONLINE.
- Notice. Except as explicitly stated otherwise, legal notices will be served on Dead Frontier's national registered agent or to the email address you provide to Dead Frontier during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Dead Frontier Online. In such case, notice will be deemed given three days after the date of mailing.
- Waiver. The failure of Dead Frontier to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dead Frontier.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Dead Frontier will be filed only in the courts in and for the United Kingdom, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dead Frontier without restriction.
- Survival. Sections 7 and 12 through 17 will survive any termination of these Terms.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and Dead Frontier relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Dead Frontier as set forth in Section 3 above.
- Claims. YOU AND DEAD FRONTIER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEAD FRONTIER ONLINE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Disclosures. The services hereunder are offered by Creaky Corpse Ltd.
Disclaimer & Copyrights:
Creaky Corpse Ltd, Dead Frontier, Neil Yates and all other affiliated developers of Dead Frontier Online will not be held responsible for (1) any content generated by Dead Frontier Online users/members or (2) content that exists through any links posted on the Dead Frontier Online website.
Dead Frontier Online and all images associated with Dead Frontier Online are Copyrightę 2010 Creaky Corpse Ltd All Rights Reserved.