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Terms and Conditions
1.0 INTRODUCTION Welcome to the Final Battleground.com Website ("The Service") which is offered to you by Naberius Limited ("Demonic Gaming") conditioned on your acceptance, without modification of the terms, policies, conditions and notices contained herein. In this document, "you" and "your" refer to the user of The Service, and Demonic Gaming may also be referred to as "we", "us" or "our". Please note that Demonic Gaming does not provide warranties for The Service and The Agreement also limits our liability. These terms are further detailed in this document and we ask that you read them carefully before using The Service. Your use of The Service constitutes your acceptance and agreement with all of the statements, terms, policies, conditions and notices in this document ("Agreement"). The Agreement is applicable only to The Service and its sub-sites and not other sites owned or operated by Demonic Gaming, its subsidiaries, affiliates or related entities. Demonic Gaming reserves the right to change, add or remove any part of this Agreement, or any other terms associated with The Service, at its sole discretion, at any time and without notice to you. Any changes or amendments to this Agreement shall become part of this Agreement and shall apply as soon as it is posted on The Service. It is your responsibility to ensure that you have read and understood the most recently posted version of this Agreement. If you do not agree to any of the amendments then you must stop using The Service as your continued use thereafter constitutes full acceptance of the changes to this Agreement. You may not assign this Agreement, in whole or in part to any other person or third party and any attempt to do so is void. Further more, you may not transfer to anyone one else, either temporarily or permanently, any rights to use The Service or any part of The Service. You agree to use The Service as provided and you may not attempt to emulate, reverse engineer, decompile or disassemble any element of The Service including but not lot limited to any of the code or proprietary communication protocols used by The Service. The Service is offered for your personal and non-commercial use only, and you agree to use The Service in a manner consistent with all applicable laws and regulations which may apply to your use of The Service. Our intellectual property rights are fully reserved and you may not modify, copy, exchange, reproduce, license or sell any information or services obtained from The Service. You agree not to seek to obtain unauthorised access to computer systems or database records owned or operated by Demonic Gaming. You also agree not to make any attempt to modify, reroute, damage, disable, overburden, impair or interrupt The Service, the network(s) connected to The Service or interfere with anyone's else's use of The Service in any way. By complying with the terms of this Agreement, Demonic Gaming grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display The Service and everything on it. If you do not agree with or understand all of the terms contained in this Agreement, then you are not permitted to use The Service. 2.0 USE OF THE SERVICE To use, view or participate in certain parts of The Service, you are required to sign-up for an account for which you must provide us with accurate and valid email address and a password. You are responsible for the security and appropriate use of all of your user names and passwords in connection with The Service and you must take all reasonable and necessary steps to ensure that your details are kept confidential and secure and are not disclosed to any third parties or unauthorised people. Only you may use your account and you are solely responsible for all activities that occur under your password and account. You may not authorise any third party to access or use The Service on your behalf. If you have reason to believe that your account details have, or are likely to, become known to any third party or if you suspect that a third party is attempting to steal yours or anyone else's contact details then you must inform us immediately. Demonic Gaming will never initiate contact with you to ask you for your password by email, telephone or any other form of communication. If you lose or forget your password you must satisfy the security checks operated by Demonic Gaming to authenticate your identity. Your internet browser or other software in your possession may also offer features that allow you to "save" or "remember" your password for the future and Demonic Gaming recommends that you exercise common sense and do not use these features where third parties may use this access without your consent. Should we suspect or have reason to believe that the security of your account details have been or may soon be compromised, we reserve the right, at our discretion, to require you to change any or all of the account details used in connection with The Service and where necessary, suspend access to your account until the required changes have taken place. The Service does not include the provision of computers, equipment or software. To use The Service you will require internet connectivity and a compatible internet browser, such as Firefox or Internet Explorer 7. We are not responsible or liable for any telephone charges or other costs that you incur to maintain internet connectivity. Demonic Gaming reserves the right, at any time, to modify or discontinue, temporarily or permanently, either part or all of The Service with or without notice to you and Demonic Gaming accepts no liability to you or any third party as a result. You accept that Demonic Gaming carries no warranty for the availability of The Service and is an "as is" and "as available" service, carrying no guarantee of availability or capacity concerning The Service or recognised Game Servers. Demonic Gaming also make no guarantee of consistent connectivity as our dependence on internet service providers to supply connectivity to The Service does not allow us to fix certain types of errors and affects that are outside of our control. You accept that Demonic Gaming hold no responsibility for your actions or the actions of others while connecting to affiliated third party services, such as game servers. You accept that Demonic Gaming does not in any way endorse and holds no liability for the content, communications or actions carried out on any game server recognised by The Service. 3.0 GENERAL CONDUCT Your conduct should be guided by common sense and your actions should always be in the spirit of fair play and reasonable courtesy towards others. The Service generates data when you connect and play on game servers that are recognised by The Service and you agree to abide by the Rules of Conduct during that time. It is also your responsibility to check if a server you connect to is officially recognised by The Service. The Service also contains various communication features including chat services and forums to which you may submit messages and data for publication and you understand and agree that Demonic Gaming does not control or endorse the communications made by users of The Service and thereby fully disclaim any liability with regard to the chat room and forum features and any actions resulting from your participation in the use of those features. You agree that your use of communications with other users via any method available through The Service are not private and that you have no expectation of privacy, including but not limited to private/personal messages with other users. You agree that Demonic Gaming has the right, at its discretion, to monitor, modify or delete any communication or content submitted by you through any means available through The Service, for any reason it sees fit and without notice. You take sole responsibility for any communications or actions carried out by you while interacting and participating in The Service. You agree not to transmit, post, submit or communicate any message, data, text, information, software, graphic files, or other materials ("Content") in or outside the use of The Service that is unlawful, harmful, contains any form of corrupt data, virus, worm, trojan horse, timebomb, or any other form of malicious software or scripts that may damage the operation of another person's computer. You agree that you are personally responsible and liable for your use and communications through The Service operated by Demonic Gaming, including all content you contribute. You will not engage in any threatening, abusive, vulgar, obscene, sexually explicit, defamatory, libelous, harmful, obscene, hateful, racially or ethnically offensive communication or objectionable behavior. You agree not to transmit, post, submit or communicate any Content that is or contains a link to any materials that is protected by copyright, patent, trademark, trade secret, intellectual property or any other proprietary rights of any party unless you own or control the legal rights thereto or have received all necessary consents to do the same. You will not falsify, forge, delete or other manipulate author attributions, legal notices, identifiers or labels in order to disguise the original of any Content you transmit through The Service. You agree not to engage in unsolicited communications with other users to advertise goods or services of any form. Spam email, chain letters and pyramid schemes are not permitted. You may not use The Service to gather or harvest information for the purpose any transmitting any form of mass solicitation, commercial or otherwise. You may not use communication features in The Service in a manner that restricts, inhibits or adversely affects the availability of resources to other users such as the excessive use of caps, continuous or repeat text flooding or the use of excessively large embedded images or files. You will not carry out, attempt or facilitate others with the use of any form of cheat, exploit or bug, including but not limited to: aim-bots, wall-hacks, speed hacks, customised graphics and sounds or any other form of hack, modification, software or enhancement that would grant a player directly or indirectly with an unnatural or unintended benefit (realised or not) of any kind or attempt to alter The Service in any way from its original design. Upon witnessing the use of or discovering the existence of any exploit or bug in The Service you will report it immediately to abuse@finalbattleground.com. You will not engage in or assist others in the exploitation of any the mechanics used by The Service to artificially increase statistics or data related to your account including but not limited to stats-harvesting or stats-padding. You will not directly or indirectly participate in the intentional or unintentional violation of any applicable local, state, national or international law, rule or regulation. You will not threaten, stalk or harass other players in any form while online or offline, inside or outside of The Service or otherwise violate the legal rights such as the rights of privacy and publicity of others. You agree not use The Service to advertise any products, services or companies or offer to buy or sell any good for the purposes of commercial business. You will not impersonate any person or entity including but not limited to Demonic Gaming employee's and administrators, officials of The Service, forum leaders, guides or hosts, past or present or falsely state or otherwise misrepresent your affiliation with another person or entity. You agree that Demonic Gaming and its employees, affiliates and officials take no responsibility for the actions of recognised game server owners, administrators or other users connecting to a game server you play on. You agree that Demonic Gaming are under no obligation or responsibility to monitor or resolve any dispute that may arise between you and any particular recognised game server owners or administrators. However, in the event that you may witness any form of abuse or exploitation of privileges by the owner or an administrator of a game server recognised by The Service you should contact abuse@finalbattleground.com immediately along with any supporting evidence. Demonic Gaming takes all formally raised allegations seriously and investigates them thoroughly but makes no guarantee that it will take action against a server owner or administrator. The Service utilises a virtual currency called Plinks which remains under the ownership and copyright of Demonic Gaming at all times. You will not buy, sell or trade Plinks or host or facilitate others to perform these actions in exchange for real world products or services that existing outside of the realm and control of The Service (such as for US Dollars or Euros). You will not attempt to directly or indirectly buy, sell, trade or auction any other copyrighted material in The Service including but not limited to any data or information used by yourself or others. In additional to all of the other terms of this Agreement, Demonic Gaming reserves the right to enforce disciplinary action on you at any time, at our discretion, without liability and without reason or notice if we suspect that you may have breached these terms in anyway including but not limited to the suspension or termination of your account(s), the exclusion or modification of any statistics, bonuses, Plinks, rewards awarded or any other forms of data or information related to The Service. You accept that any form of disciplinary action taken against you by Demonic Gaming will take place without compensation which may include any outstanding credits for Accounts used by you remaining temporarily or permanently inaccessible and non-refundable. In the event that you wish to raise or continue a dispute of any kind with Demonic Gaming and its affiliates or officials, your sole course of resolution is to stop using The Service. 4.0 USER SUBMITTED CONTENT There are features within The Service that allow you to submit Content for use in connection with The Service. By posting or uploading Content to The Service, you automatically grant Demonic Gaming and the public to the royalty-free, irrevocable, perpetual, non-exclusive, and fully sub licensable right and license to use, copy, modify, adapt, distribute, publish, translate, perform, create derivative works from, and display such Content either its original form or incorporated into other forms media or technology. If you submit Content to The Service that is or includes any photographic material, you grant Demonic Gaming the non-exclusive, worldwide right to use, post, publish and display the photograph material on The Service, without royalty or compensation of any kind, expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity. You also agree that you are the copyright owner of the photograph material or have all the necessary rights necessary to distribute it freely and it will not violate the rights of any other person or entity. Further more, you expressly waive any and all claims that you may have against Demonic Gaming and release Demonic Gaming from any and all liability arising from or related to Demonic Gaming's or any third party's use of the photograph material. You may not submit Content that includes any form of photographic material unless you are eighteen years of age or older. Demonic Gaming retains the right, at its sole discretion, to modify, reject or remove any Content submitted by users to The Service at any time, without reason or notice. 5.0 YOUR PRIVACY Demonic Gaming takes the protection of your privacy seriously and these terms should be read in accordance with the Privacy Policy. Your use of The Service is considered to be private. You fully consent to Demonic Gaming accessing or disclosing information that you have provided in order to: (i) comply with the law or any legal process served on us, (ii) Enforce and investigate potential violations of this Agreement, including the use of The Service to participate in or facilitate any form of activity that violates the law, (iii) protect the rights, property or safety of Demonic Gaming, its employees, affiliates, customers, associated third parties and the public. Demonic Gaming may at any time use technology including but limited to filtering, increased security or other means to protect The Service and its users or to stop you from breaching the terms of this Agreement which may hinder or disable your use of The Service entirely. 6.0 EXCLUSIONS OF WARRANTIES AND LIMITATION OF LIABILITY You expressly agree that your use of The Service, including without limitation, all communication related features of The Service, is at your sole risk. You accept that The Service is provided to you on an "as is" and "as available" basis and Demonic Gaming, its directors, officers, employees or agents make no warranties of any kind, either expressed or implied, including without limitation, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, unless such warranties are legally incapable of exclusion, restriction or modification under the laws applicable to this Agreement. All of the disclaimers of liability in this Agreement apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorised access to, alteration of, or use of The Service, whether for breach of contract, breach of warranty, guarantee or condition, negligence, tortuous behaviour or any other cause of action. Demonic Gaming does not guarantee that The Service will be free from infection by viruses or anything else that has or contaminating or destructive properties, delays or failures you may have accessing or using The Service at times or locations of your choosing, including but not limited to conducting or completing any transmissions or transactions in connection with The Service in a timely or accurate manner. You agree that your sole and exclusive remedy for any dispute with Demonic Gaming is to stop using its websites and services. You acknowledge and agree that Demonic Gaming are lot liable for any act or failure to act by them or any other person in regard to the conduct of users or the content of communication from users on The Service. You expressly agree that in no case shall Demonic Gaming's liability to you exceed the amount paid by you over a period of one month even if the remedy does not fully compensate you for any loses and that Demonic Gaming have the right to deduct from such a payment any and all expenses arising from the payment itself and any other payment unpaid by the user, whether under these conditions or otherwise. You cannot recover any other damages, including consequential losses, lost profits of any form, special, indirect or incidental or punitive damages including where Demonic Gaming knew or should have known about the possibility of the damages. You accept that in no case shall Demonic Gaming be liable for incidental or consequential damages arising from your use of The Service, third party game servers, internet or for any other claim related in any way to your use of The Services provided by Demonic Gaming. In jurisdictions not permitting the limitation of liability for consequential or incidental damages, liability shall be limited to the full extent permitted by law. You accept that Demonic Gaming does not endorse warrant or guarantee any third party software or product offered through in partnership with The Service and will not in any way be responsible for monitoring any transaction between you and any third party providers of products or services. You accept Demonic Gaming has a right to alter or modify The Service at any time without prior notice. You understand and accept that the experience of using The Service may alter over time as changes are made and those alterations may take affect at anytime, without notice or explanation. You accept that all virtual goods, currencies, data and information created on The Service remain the property of Demonic Gaming and you accept that you have no legal right of ownership of any such virtual goods, currency, data or information. Demonic Gaming is not responsible for and does not endorse the reliability or accuracy of any opinion, advice or statement, any offensive, defamatory, libellous, obscene or illegal conduct expressed by anyone other than authorised Demonic Gaming employees while acting in their official capacities and under no circumstances will Demonic Gaming director, officer, employee, agent or any person or entity involved in the production and distribution of materials, products or services contained in The Service, be liable for any form of loss or damage caused by your reliance on information obtained on or through The Service. It is entirely your responsibility to judge the accuracy, usefulness or completeness of any opinion, information, advice or any of form of content available through The Service, including but not limited to any communication features offered through The Service such as chat features or forums and Demonic Gaming strongly recommends that you seek the advise of professionals, as appropriate, regarding the evaluation of any such content. 7.0 INDEMNIFICATION You agree to indemnify and hold harmless Demonic Gaming, its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, licensors, licensees and content providers from and against all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these terms and conditions for which you are responsible or in connection with you're your use of and transmission of any content through The Service. Demonic Gaming reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Demonic Gaming in that matter. This indemnity may be enforced by an Indemnified Party in their own right and where applicable, the Contracts (Right of Third Parties) 1999 apply. You agree to indemnify us against all damages awarded against us any judgement by a court of jurisdiction, liabilities, costs and expenses incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us or in connection with (i) any claim from a third party that your use of The Service infringes their third party's intellectual property rights or copyrights, (ii) any claim from a third party that your use of The Service is offensive, abusive, vulgar, obscene, sexually explicit, defamatory, libelous, harmful, obscene, hateful, racially or ethnically offensive, or is illegal and in breach of any applicable laws or regulations, (iii) any charges, fines or penalties imposed by any legal authority in connection with your use of The Service. 8.0 THIRD PARTIES Demonic Gaming recognise that certain links on The Services may lead to websites located on servers maintained by third parties and in some cases, the links may also send "cookies" or solicit personal information of which Demonic Gaming have no control over and take no responsibility for. Demonic Gaming does not endorse, warrant or guarantee any products, advertisements or services offered by third parties either directly through or connected to The Service, nor will Demonic Gaming monitor or be party to in any way transactions between you and third party providers of products, advertisements or services. As with the exploration of any website or purchase of any products or services online, Demonic Gaming recommends that you should exercise caution, good judgement and common sense where appropriate. By using The Service, you authorise Demonic Gaming and any of its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Demonic Gaming and its agents or your agent for this limited purpose. Each time you enter your sign-in information, you are permitting Demonic Gaming and its agents to process your request and use information that has previously been submitted by you to accomplish your request. 9.0 INTELLECTUAL PROPERTY Everything found in The Service including but not limited to the data, information, text, code, software, images, photographs, video, sound, graphics and contents are copyrighted as a collective work under English copyright laws. Demonic Gaming owns a copyright in the selection, coordination, arrangement and enhancement of such material. You may not without the express written permission of Demonic Gaming and the copyright owner, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content or materials contained in The Service including, without limitation, any material that The Service enables you to download. You are only allowed to use any material downloaded from The Service for your own use. You acknowledge that Demonic Gaming are the exclusive owners of all materials posted on and used within The Service at all times, including but not limited to virtual currency used by The Service, statistics, account information, data and images. Further more, you understand that you do not acquire any of ownership rights by using The Service or by downloading copyrighted materials from The Service. Demonic Gaming does not accept or consider creative suggestions, ideas or materials other than those it has specifically requested. Demonic Gaming is always pleased to hear comments and feedback from its users concerning The Service but the intent of this policy is to avoid the possibility of any misunderstanding where features, products or developments by Demonic Gaming might seem to others to be similar to their own creative work. Any or all creative suggestions, drawings, images, notes, ideas, concepts, or other information ("submissions") that you do send to us, either by request or despite our request that you do not do so, including all licensed content shall be deemed, and shall remain, from the moment of its creation, the sole property of Demonic Gaming. Demonic Gaming also own the exclusive rights, known or hereafter to any existing intellectual property rights or copyrights to all submissions and licensed content you send to us. Further more, where these terms may be void or unenforceable, you agree that any licensed content or submissions are irrevocably assigned to Demonic Gaming, together with all intellectual property rights and Demonic Gaming are irrevocably entitled to use, edit, modify, reproduce, publish, distribute, post, perform, display, sell or create in whole or in partiality derivative works from the licensed content or submissions for any purpose it sees fit, in commercial form or otherwise, without compensation, royalty or credit to the provider of the licensed content or submission. In addition, you also surrender any claim or rights to claim that any use of submissions or licensed content you have sent to us violates your rights in anyway, including but not limited to any moral rights, rights of publicity, rights of privacy, proprietary rights, rights to credit or any other form of ownership related rights. 10.0 COPYRIGHT AND TRADEMARK NOTICES All content and material posted to The Service such as images, music, and video may be protected by copyright including but not limited to photographic images of other people who may have a right to control the use of their image. You are not permitted to distribute or share material that is copyrighted or created by others unless you own the rights to the material or have the permission of the rightful owner. All notifications of claimed infringement of copyright should be sent to the designated agent of the Service provider. Temporary infringement notifications to Demonic Gaming should be sent to: legal@demonicgaming.com or Copyright Agent, Naberius Limited, 1 Whitestreet, Quorn, Leicestershire, United Kingdom LE12 8EB. Telephone number of designated agent: +44 (0)1509 562 397. These details are not intended for general enquiries and permission requests concerning the use of The Services. Enquiries that are not relevant to copyright infringement notices will not receive a response. All of the contents and materials are: Copyright (c) 2007 Demonic Gaming, a trading name of Naberius Limited, 1 Whitestreet, Quorn, Leicestershire, United Kingdom LE12 8EB. All rights reserved. The titles Naberius, Demonic Gaming, Final Battleground and the logos for Naberius, Demonic Gaming, Final Battleground are trademarks or servicemarks of Naberius Limited. All other product and company names that appear in The Service are the tradenames, trademarks or registered trademarks of their respective owners. In some cases, example names, clans, organisations, products, domain names, email addresses, logos, people, places and events may be depicted on a fictitious basis and no association with any real names, clans, organisations, products, domain names, email addresses, logos, people, places and events is intended or should be inferred. 11.0 PAYMENTS AND CHARGES When you register an Account with one or more Profiles in The Service you are required to assign a name to your Profile(s) that will be visible to the public and others users of The Service and as such, your login name(s) cannot be vulgar or otherwise offensive. You accept that Demonic Gaming may modify or delete any Profile that uses a vulgar or offensive name. Demonic Gaming offers additional enhancements, features and functions to specific Profiles in The Service which are only accessible by purchasing a block of time ("Credits") for use with specified Profiles. Any payments you make for Credits or any other aspect of The Service is subject to your acceptance of all of the terms and conditions in this Agreement. If you elect to purchase Credits and transmit a purchase request to Demonic Gaming, you warrant that your use of the payment method you have selected is authorised and that all information that you submit is true and accurate including but not limited credit card numbers and expiration dates. The method of payment required to purchase Credits is at the sole discretion of Demonic Gaming. Currency exchange settlements are based on you're the terms you agree with your payment method provider. You also accept that you are solely responsible for all charges incurred by purchasing Credits including any applicable taxes that we are required to collect as a result of your purchase. Payments for Credits are always made in advance and you fully accept that Demonic Gaming has a right to cancel or refuse payment for Credits or any other products that may be within The Service at any time for any reason it sees fit to do so. Once you have purchased Credits for The Service they are not refundable in whole or in part for any reason and you have no right to cancel payment. Demonic Gaming reserves the right to change the cost of purchasing additional Credits at anytime and you agree that if such change is unacceptable to you, your sole remedy is to stop using The Service. Demonic Gaming reserves the right to remove and delete, on a regular basis and without notification, Accounts or Profiles that have never been assigned Credits or that have no remaining Credits which remain passive or unused for a prolonged period of time. There may be links in The Service to other websites owned and controlled by third parties that have no relation to The Service or Demonic Gaming and you understand and accept that any payments you make or fees you incur while using those websites are not included in any payments for Credits in The Service. 12.0 PRIZES AND AWARDS Demonic Gaming and its associated sponsors may on occasion run or sponsor competitions, events, promotions, prizes or awards in relation to the performance of clans in The Service. In addition to the term in this document, specific terms and conditions will also be made available to which these competitions, events, promotions, prizes or awards will be also subject to. In the event that you are eligible to receive a prize or award, you will be required to provide valid information including but not limited to personal identification, tax identification and other information reasonable required by Demonic Gaming and its associated sponsors. It is your responsibility to report all prizes and awards received by as you as taxable income where applicable and Demonic Gaming and its associated sponsors may report the value of the prizes and awards it provides to any applicable state taxing authorities. 13.0 DISCIPLINARY PROCEDURES Demonic Gaming understands that the security of an Account in The Service may be compromised under exceptional circumstances. Issues surrounding stolen or compromised Accounts, Profiles, items (such as Plinks), Clans or any other user driven parts of The Service are taken seriously but may take time to investigate and resolve before an appropriate course of action can be determined. The security of all user related information plays an integral role to the balance, fair play and overall integrity of The Service. You agree that you are solely responsible for the security, protection and appropriate use of your password in connection with The Service, and transferring your Account to another person or entity is in violation of this Agreement. Demonic Gaming will conduct a thorough review of any matters raised in connection with the theft or unauthorised use of The Service prior take taking any form of action,. Users will only face disciplinary action based on reasonable supporting information or evidence. Allegations of theft or unauthorised use of The Services without reasonable supporting information or evidence will not qualify for disciplinary action. Demonic Gaming may, during or at the end of its investigation, at its sole discretion, but under no obligation, reinstate statistics, data, items or information to your Account, Profile or any Clan you have been associated with, if there is sufficient evidence to support that you have not colluded or participated either directly or indirectly in the theft or unauthorised use of them. Demonic Gaming does not guarantee that you will be reimbursed for any issue that you raise, regardless of the circumstances. Demonic Gaming may at its sole discretion, but under no obligation, without reason or notice, disable your access or delete any information used by or available to you in The Service if you are found to be directly or indirectly involved in or have benefited from any form of account theft or unauthorised use of an Account in The Service. You understand and agree that disciplinary actions and reimbursements can only be addressed and enforced by official employees and agents of Demonic Gaming. Specific features and functions within The Service offer you the ability to transfer Plinks to other players or the clan that you are a member of and Demonic Gaming does not police these forms of transaction except where allegations of theft or unauthorised access have been made with sufficient evidence to support those claims. You agree that any Plinks that you transfer to another Profile or Clan, with or without the knowledge of the users that control that profile or clan, are transferred willingly and any Plinks that you transfer to another user or to your clan will not be reimbursed. Clans benefit from receipt of Plinks as they are required to fund Battles within The Service and users may also benefit from political or social arrangements made with other users by transferring Plinks to them (an example of this would be an informal treaty). It is not uncommon for users to scam other users by reneging or defaulting on certain types of in-game arrangements that were made in exchange for Plinks. Demonic Gaming do not condone or object to the breaking of political or social arrangements made in connection with the Transfer of Plinks as this is considered to be a valid tactic to achieve greater success in The Service. Demonic Gaming recommend that if you do not feel confident that another user or clan will honour political or social arrangements made in exchange for Plinks that you do not complete any such transaction with them. 14.0 TERMINATION You have the right terminate this Agreement and your use of The Service at any time by not using The Service. Any payments that you have made in advance in for, or in connection with The Service are not refundable either in whole or in part. Demonic Gaming may terminate this Agreement by asking you to stop using The Service and where necessary, preventing your access to The Services. If you are dissatisfied with any of the content in The Service, or disagree with any of the terms of this Agreement, Privacy Policies, fees, billing methods or any other changes made to The Service over time then your only right and remedy is to terminate this Agreement. Demonic Gaming may terminate this Agreement and where necessary either temporarily suspend your account or disable access to your account permanently, at its sole discretion, without notice or reason if you (i) breach any of the terms of this Agreement, (ii) behave or conduct yourself in a way that Demonic Gaming considers to be either unacceptable, harmful to others or in violation of this Agreement, (iii) infringe the intellectual property rights of any third party. Suspension of your access to The Services does do not extend the expiration date of any credits you may have purchased. 15.0 NOTICE The terms of this Agreement are provided to you in electronic form. Demonic Gaming may send you information in connection with The Service and reserve the right to send you additional information that we believe may be of possible interest or use to you, or other information in connection with The Service that the law requires us to send to you, by electronic form. Your use of The Service confirms your consent to these terms. All notices sent to you via email will be deemed given and received on the transmission date of the email. Your use of The Service at the time of any notice demonstrates that you have the necessary hardware and software to receive any electronic notices that we send to you. If you do not consent to receive notices electronically then you must stop using The Service. Demonic Gaming does not accept email notices. You may send notice to Demonic Gaming by writing to Naberius Limited, 1 Whitestreet, Quorn, Leicestershire, United Kingdom LE12 8EB. 16.0 SUPPORT Demonic Gaming works hard to ensure all users of The Service enjoy their experience and we will endeavour to reply to, and if possible, resolve any support queries raised with us as soon as possible. Please note that some issues are not support issues, and we ask that before contacting us for assistance you have make reasonable checks to ensure that the problem is not something outside of our control such as a hardware failure. The Service is provided to you through your browser and there can be numerous common browser related problems which are often easily resolved by actions such as refreshing your browser cache, deleting temporarily internet files and browser history and rebooting your pc. Demonic Gaming also recommend that you use the Support Forum offered within The Service as you may find that there is a solution available for your problem already posted in reply to other users that have experienced the same issues as you have. In addition to any Support services offered in The Service, you may also contact the Support team directly at support@finalbattleground.com and we will look to respond to you as quickly as we can. Please be aware that bugs and errors may take priority over user errors which can be resolved through information already available in The Service. 17.0 JURISDICTION You agree that these terms and conditions are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that Demonic Gaming terms and conditions, including Demonic Gaming's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of England govern your membership of The Service and all other websites and services provided by Demonic Gaming which you accept are subject to these terms and conditions. As noted above, member conduct may be subject to other local, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Demonic Gaming or relating in any way to your membership or your use of websites and services operated by Demonic Gaming resides in the courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Demonic Gaming, its affiliates, subsidiaries, employees, contractors, officials, directors, vendors and content providers. The assurances and commitments in this section shall survive termination of this Agreement. 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