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Terms and Conditions
Acceptance
By using and/or visiting this website (collectively all
contents and features on http://www.AceWars.com, Ace Wars website and the website)
you agree to all the terms and conditions presented here, privacy policy located
at http://www.AceWars.com/privacy.aspx and the media guidelines located at http://www.AceWars.com/guidelines.aspx.
If you do not agree with any of these terms, policies and guidelines please refrain
from using Ace Wars website on http://www.AceWars.com.
In using this website you are deemed to have read and agreed to the following terms
and conditions:
The following terminology applies to these Terms and
Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client",
“You” and “Your” refers to you, the person accessing this website and accepting
the Company’s terms and conditions. "The Company", “Ourselves”, “We” and
"Us", refers to our Ace Wars. “Party”, “Parties”, or “Us”, refers to
both the Client and ourselves, or either the Client or ourselves. All terms refer
to the offer, acceptance and consideration of payment necessary to undertake the
process of our assistance to the Client in the most appropriate manner, whether
by formal meetings of a fixed duration, or any other means, for the express purpose
of meeting the Client’s needs in respect of provision of the Company’s stated services/products,
in accordance with and subject to, prevailing English Law. Any use of the above
terminology or other words in the singular, plural, capitalization and/or he/she
or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized
employees within the company on a need to know basis only use any information collected
from individual customers. We constantly review our systems and data to ensure the
best possible service to our customers. Parliament has created specific offences
for unauthorized actions against computer systems and data. We will investigate
any such actions with a view to prosecuting and/or taking civil proceedings to recover
damages against those responsible. For more information regarding our privacy policy
please refer to http://www.AceWars.com/privacy.aspx
Ace Wars Account
Some of Ace Wars functionality requires the user to register
and maintain an account. When creating an account, Ace Wars requires the user to
provide complete and accurate information. The user is solely responsible for the
integrity of their account and as such, needs to keep your account credentials (especially
password) secured and confidential. Please notify Ace Wars immediately upon notice
of suspicious activity and notice of account breach.
Any use of another user’s account without permission is strictly prohibited.
Ace Wars will not be responsible and/or liable for any data loss on the website.
However the user may be liable for such loss caused by an unauthorized use of your
account.
Media Guidelines
Please don't abuse AceWars.com, This site is a free
community website that is designed to entertain and inform the web community. Below
you will find some of the No No's of AceWars.com:
- AceWars.com is not meant to be an adult explicit website. As such no pornographic
or sexually explicit content is allowed on this site. We work hard to remove any
such content from this site so please if you find one that we have not caught yet
PLEASE flag it and we will review the contents. You may flag a video from the media
page directly under the media to the left corner. We will also report and remove
any child exploitation video submitted by a user.
- No one likes to be grossed out. Please refrain from uploading videos that others
may find offensive. This one is a common sense and again we reserve the right to
remove any and all uploaded media without explanation or reason.
- Please refrain from uploading any copyrighted videos at anytime.
- Please refrain from spamming. You don't like to see and receive spam so please don't
spam others. Please do not use fake titles as these will get flaged and removed.
Also please do not upload the same media over and over again.
- Videos Uploaded for AceWars competition must be a video of the user performing
a task (i.e. Dancing, Singing, Talking, Painting... etc.) All other videos submitted
will be removed from the competition.
Please take these guidelines seriously as they will be enforced. We are working
really hard to provide a fun and meaningful entertainment for the community so please
help us out.
Confidentiality
We are registered under the Data Protection Act 1998 and
as such, any information concerning the Client and their respective Client Records
may be passed to third parties. However, Client records are regarded as confidential
and therefore will not be divulged to any third party, other than if legally required
to do so to the appropriate authorities. Clients have the right to request sight
of, and copies of any and all Client Records we keep, on the proviso that we are
given reasonable notice of such a request. Clients are requested to retain copies
of any literature issued in relation to the provision of our services. Where appropriate,
we shall issue Client’s with appropriate written information, handouts or copies
of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or
use your e-mail address for unsolicited mail. Any emails sent by this Company will
only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as
is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents
or which is or may be provided by any affiliates or any other third party, including
in relation to any inaccuracies or omissions in this website and/or the Company’s
literature; and
- Excludes all liability for damages arising out of or in connection with your use
of this website. This includes, without limitation, direct loss, loss of business
or profits (whether or not the loss of such profits was foreseeable, arose in the
normal course of things or you have advised this Company of the possibility of such
potential loss), damage caused to your computer, computer software, systems and
programs and the data thereon or any other direct or indirect, consequential and
incidental damages.
- This website is currently under “beta” stage and as such this company cannot and
will not be liable for any unauthorized access to information collected on this
website.
- This company cannot and will not be responsible for any other damages not otherwise
specified caused by the information presented by and provided to this website.
- This company will do the best in monitoring inappropriate contents provided by the
user; however we cannot guarantee that we will find and eliminate such content in
a timely manner. We will investigate any reported content and if need be eliminate
them.
Account Termination Policy
Ace Wars reserve the right to terminate any user account
without notice at its sole discretion. In such event all user’s submitted content
could be removed without any backup or restoration procedures. Ace Wars will also
reserve the right to deem and decide any content to be inappropriate and disallowed.
These contents may include but not limited to Copyright infringement, Pornography,
Obscene and unlawful material. Please refer to Ace Wars website for content and
media guidelines.
Copyright Notice
Copyright and other relevant intellectual property rights
exist on all text relating to the Company’s services and the full content of this
website.
This Company’s logo is a registered trademark of this Company in the United States
of America and other countries. The brand names and specific services of this Company
featured on this web site are trademarked.
Copyright Policy
If you are a copyright holder or a representing agent and
feel that a media submitted by a user is in violation of or infringes your copyright
please send an email with the appropriate data listed on U.S. Copyright Office -
Copyright Law: Chapter 5 at http://www.copyright.gov/title17/92chap5.html#512 to
copyright@AceWars.com
(A) To be effective under this subsection, a notification of claimed infringement
must be a written communication provided to the designated agent of a service provider
that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the service provider
to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law.
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
(B)(i) Subject to clause (ii), a notification from a copyright owner or from a person
authorized to act on behalf of the copyright owner that fails to comply substantially
with the provisions of subparagraph (A) shall not be considered under paragraph
(1)(A) in determining whether a service provider has actual knowledge or is aware
of facts or circumstances from which infringing activity is apparent.
(ii) In a case in which the notification that is provided to the service provider's
designated agent fails to comply substantially with all the provisions of subparagraph
(A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph
(A), clause (i) of this subparagraph applies only if the service provider promptly
attempts to contact the person making the notification or takes other reasonable
steps to assist in the receipt of notification that substantially complies with
all the provisions of subparagraph (A).
If you submitted the content that was removed by Ace Wars due to copyright infringement
please send an email to copyright@AceWars.com with the following information:
-Your Name, Address, Phone Number, Email Address
-Proof of identification (photo copy of drivers license or as such)
-Your electronic signature
-An statement depicting your reasoning and belief
Cancellation Policy
This company does not currently charge monetary fees for
any of the provided services. If user would like to cancel and delete a registered
account please kindly email us at accounts@AceWars.com
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate
any Services Agreement for any reason, including the ending of services that are
already underway. No refunds shall be offered, where a Service is deemed to have
begun and is, for all intents and purposes, underway. Any monies that have been
paid to us which constitute payment in respect of the provision of unused Services
shall be refunded.
Availability
Unless otherwise stated, the services featured on this website
are only available within the United States of America, or in relation to postings
from the United States of America. All advertising is intended solely for the United
States of America market. You are solely responsible for evaluating the fitness
for a particular purpose of any downloads, programs and text available through this
site. Redistribution or republication of any part of this site or its content is
prohibited, including such by framing or other similar or any other means, without
the express written consent of the Company. The Company does not warrant that the
service from this site will be uninterrupted, timely or error free, although it
is provided to the best ability. By using this service you thereby indemnify this
Company, its employees, agents and affiliates against any loss or damage, in whatever
manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site,
track user’s movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information. Additionally,
for systems administration, detecting usage patterns and troubleshooting purposes,
our web servers automatically log standard access information including browser
type, access times/open mail, URL requested, and referral URL. This information
is not shared with third parties and is used only within this Company on a need-to-know
basis. Any individually identifiable information related to this data will never
be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or
ISP] uses cookies to enable us to retrieve user details for each visit. Cookies
are used in some areas of our site to enable the functionality of this area and
ease of use for those people visiting. Some of our affiliate partners may also use
cookies. Cookies will also be used to track ratings and reviews to keep the integrity
of this site and its quality.
Links to this website
If you create a link to a page of this website you do so
at your own risk and the exclusions and limitations set out above will apply to
your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s
websites which are linked to from this website. Opinions expressed or materials
appearing on such websites are not necessarily shared or endorsed by us and should
not be regarded as the publisher of such opinions or material. Please be aware that
we are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the privacy
statements of these sites. You should evaluate the security and trustworthiness
of any other site connected to this site or accessed through this site yourself,
before disclosing any personal information to them. This Company will not accept
any responsibility for any loss or damage in whatever manner, howsoever caused,
resulting from your disclosure to third parties of personal information.
We encourage the user’s attention when leaving Ace Wars website. Please check and
read all terms and conditions and privacy policy on the resulting third party website.
Copyright Notice
Copyright and other relevant intellectual property rights
exist on all text relating to the Company’s services and the full content of this
website.
This Company’s logo is a registered trademark of this Company in the United States
of America and other countries. The brand names and specific services of this Company
featured on this web site are trademarked.
Communication
We have several different e-mail addresses for different
queries. These, & other contact information, can be found on our Contact Us
link on our website or via Company literature or via the Company’s stated telephone,
facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure
to perform any obligation under any Agreement which is due to an event beyond the
control of such party including but not limited to any Act of God, terrorism, war,
Political insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man made eventuality
outside of our control, which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen. Any Party affected
by such event shall forthwith inform the other Party of the same and shall use all
reasonable endeavors to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict performance
of any provision of this or any Agreement or the failure of either Party to exercise
any right or remedy to which it, he or they are entitled hereunder shall not constitute
a waiver thereof and shall not cause a diminution of the obligations under this
or any Agreement. No waiver of any of the provisions of this or any Agreement shall
be effective unless it is expressly stated to be such and signed by both Parties.
Ability to accept terms and condition
You agree to be at least 13 years of age. You also agree
that you are fully able and competent to enter into these terms and conditions,
Privacy Policy and Content Guidelines. This website (Ace Wars) is not intended
for children under the age of 13. Please refrain from using AceWars.com if you
are under the age of 13. This Company will not knowingly allow anyone under the
age of 13 to register and/or submit media. However, we cannot monitor the age of
ever user that view the content of the site. If you are under the age of 18 you
agree that you are an emancipated minor, or possess legal parental or guardian consent.
General
The laws of United States of America govern these terms
and conditions. By accessing this website you consent to these terms and conditions
and to the exclusive jurisdiction of the English courts in all disputes arising
out of such access. If any of these terms are deemed invalid or unenforceable for
any reason (including, but not limited to the exclusions and limitations set out
above), then the invalid or unenforceable provision will be severed from these terms
and the remaining terms will continue to apply. Failure of the Company to enforce
any of the provisions set out in these Terms and Conditions and any Agreement, or
failure to exercise any option to terminate, shall not be construed as waiver of
such provisions and shall not affect the validity of these Terms and Conditions
or of any Agreement or any part thereof, or the right thereafter to enforce each
and every provision. These Terms and Conditions shall not be amended, modified,
varied or supplemented except in writing and signed by duly authorized representatives
of the Company.
Notification of Changes
The Company reserves the right to change these conditions
from time to time as it sees fit and your continued use of the site will signify
your acceptance of any adjustment to these terms. If there are any changes to our
privacy policy, we will try to notify the user, however it is the user’s responsibility
to check and read these terms and conditions regularly. These terms and conditions
can be found at http://www.AceWars.com/terms.aspx. If there are any changes in
how we use our site customers’ Personally Identifiable Information, notification
by e-mail will be made to those affected by this change. Any changes to our privacy
policy will be posted on our web site 30 days prior to these changes taking place.
You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves.
You're access to this website and/or undertaking of a booking or Agreement indicates
your understanding, agreement to and acceptance, of the Disclaimer Notice and the
full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Ace Wars 2009 All Rights Reserved
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