1. Description of Service
DarkAgeWars.com is providing Member with online game access. On the occasion that Member wishes to buy any in-game virtual goods or account upgrades, they may do so through the DarkAgeWars.com upgrade page. Anyone over the age of 13 is allowed to play the DarkAgeWars.com online game while following the in-game rules.
2. Disclaimer of Warranties.
The site is provided by FinalMotive, subsidiary of Pixabit, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Pixabit, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Pixabit, Inc. shall have no liability for any interruptions in the use of this Website. Pixabit, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
PIXABIT, INC., SUBSIDIARY FINALMOTIVE, OR ANY OF THEIR SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DarkAgeWars.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DarkAgeWars.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Pixabit, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify DarkAgeWars.com or FinalMotive Staff of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of DarkAgeWars.com.
6. Modifications and Interruption to Service
Pixabit, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Pixabit, Inc. shall not be liable to Member or any third party should Pixabit, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Pixabit, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Governing Jurisdiction of the Courts California
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 DarkAgeWars.com, will all rights reserved, or is the property of Pixabit, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Pixabit, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Pixabit, Inc.
DarkAgeWars.com™ is a proprietary mark of Pixabit, Inc. Pixabit, Inc.'s trademarks may not be used in connection with any product or service that is not provided by Pixabit, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pixabit, Inc.
All other trademarks displayed on the DarkAgeWars.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Pixabit, Inc.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Pixabit, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Robert B. Moran, Jr.
31878 Del Obispo Ste. 118
San Juan Capistrano, CA 92675
By Telephone: 1-949-929-9678
By Email: email@example.com
12. Other Terms
DarkAgeWars.com Website Privacy Statement
This document was last updated on July 13, 2009.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS Pixabit, Inc. is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing DarkAgeWars.com you acknowledge and fully understand Pixabit, Inc.'s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. PARTICIPATING MERCHANT POLICIES
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Pixabit, Inc. services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. INFORMATION WE COLLECT AND HOW WE USE IT
DarkAgeWars.com collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.
a. Web Server Logs.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
- Your Internet protocol address.
- The kind of browser or computer you use.
- Number of links you click within the site.
- State or country from which you accessed the site.
- Date and time of your visit.
- Name of your Internet service provider.
- Web page you linked to our site from.
- Pages you viewed on the site.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
Pixabit, Inc. reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into DarkAgeWars.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
c. Personal Information Users
Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
- To fulfill your service requests for services.
- To protect ourselves from liability,
- To respond to legal process or comply with law, or
- In connection with a merger, acquisition, or liquidation of the company.
4. USE OF WEB BEACONS OR GIF FILES Pixabit, Inc. web pages may contain electronic images known as Web beacons - sometimes also called single-pixel gifs - that allow Pixabit, Inc. to count users who have visited those pages and to deliver co-branded services. DarkAgeWars.com may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Pixabit, Inc. prohibits Web beacons from being used to collect or access your personal information.
5. ACCESSING WEB ACCOUNT INFORMATION We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant - firstname.lastname@example.org.
6. CHANGES TO THIS STATEMENT DarkAgeWars.com has the discretion to occasionally update this privacy statement. When we do, we will also revise the "updated" date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
7. CONTACTING US If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us. email@example.com or send your comments to :
Attention: Privacy Statement Personal
31878 Del Obispo Ste. 118
San Juan Capistrano, CA 92675
Pixabit, Inc. will use commercially reasonable efforts to promptly respond and resolve any problem or question.