Terms of Service
Last updated: September 9, 2016
Effective date: October 9, 2016
Acceptance of Terms
Disruptor Beam, Inc., (“Disruptor Beam,” “Us” or “We”) is a corporation established in Delaware in the United States. Our US company tax ID is 26-4083537 and our address is 161 Worcester Rd, Suite 210, Framingham, MA, 01701, USA. You can contact us by writing to us at firstname.lastname@example.org or by mailing us at the company address above.
We may provide games, applications, products and services (individually, a “Service”, and collectively, the "Services") via websites owned by Disruptor Beam (without limitation, http://disruptorbeam.com) or through third-party services or networks (including, without limitation, Facebook and Kongregate, collectively, “Website Distributors”) or distributed through third-party application stores (such as the Apple App Store or Google Play, collectively with Website Distributors, “Third Party Distributors”), or other web sites and applications owned, operated, licensed or controlled by Disruptor Beam (the "Disruptor Beam Sites" or the “Sites”). These Terms of Service ("Terms of Service" or "Agreement") govern the relationship between you and Disruptor Beam, Inc., and your use of the Disruptor Beam Sites and Services is subject to these Terms of Service, whether or not you are a registered member of the Services, unless a particular Service contains or links to a separate Terms of Service.
By accessing or using the Services, including browsing any Site or accessing a Service, you accept and agree to these Terms of Service. You may also be required to register an account on the Disruptor Beam Services (an "Account"), have a valid account on the social networking service through which you connect to the Services, if any, or have an account with the Third Party Distributor for your mobile device. If you are younger than 18, you must ensure that your legal guardian has reviewed and agreed to these Terms of Service before you use the Service.
Updates to the Terms of Service
Disruptor Beam may reasonably revise these Terms of Service from time to time where necessary to comply with applicable law or regulation, to comply with contractual obligations to payment processors, content licensors, Third Party Distributors, or licensors of middleware used in Disruptor Beam’s software and comparable contractual partners of Disruptor Beam, to keep these Terms of Service up-to-date with respect to new features, services or content in Disruptor Beam’s products or business, or to clarify any clauses in these Terms of Service.
If Disruptor Beam amends these Terms of Service, Disruptor Beam will notify you of changes at least thirty (30) days before they take effect by posting the amended Terms of Service to your Account. If you refuse to accept these new Terms of Service which you can do by sending an e-mail to email@example.com within 30 days from the receipt of the information regarding the new Terms of Service. Disruptor Beam may terminate any services under the Terms of Services within 10 days from the receipt of your refusal. In such case you may claim a refund for any unused Virtual Currency or any Virtual Items purchased in the last month. You may not refuse those changes which are made based on mandatory changes of laws or regulations.
If Disruptor Beam needs or is required to make changes to these Terms of Service for the above reasons without providing this length of notice for mandatory regulatory reasons, it will post the updated Terms of Service on Disruptor Beam Sites and via your Account, and they will be effective immediately upon posting or on the date otherwise indicated in the revised Terms of Service.
You may be required to read and accept any changes to this Terms of Service to continue using the Services but, if you are not required to do so, your continued use of the Services after the end of your refusal period detailed above constitutes your acceptance of the changes.
In its option, Disruptor Beam may also notify you of the amended Terms of Service by sending a notice to the last email address you have provided to Disruptor Beam. If you do not accept any changes we make to the Terms of Service, you may terminate your Account with Disruptor Beam as detailed above.
Violations of Terms of Service
If you violate these Terms of Service We may issue you a warning about the violation, or We may choose to immediately terminate or suspend any or all of your Accounts and/or use of the Services. You acknowledge that Disruptor Beam is not required to provide you notice before terminating or suspending your use of the Services, but it may choose to do so.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
IF YOU ARE A RESIDENT OF THE UNITED STATES OR CANADA YOU ARE SUBJECT TO A DISPUTE RESOLUTION CLAUSE WHICH GOVERNS HOW DISPUTES WILL BE RESOLVED.
Description of Disruptor Beam's Services
Through the Disruptor Beam Sites, Disruptor Beam may provide you with access to a variety of games, products and services, and related resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Disruptor Beam Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials which we make available to you at the time you download or access the Service (as applicable, the "License Agreement").
We may change the Services from time to time to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements (for example to address a security threat). These changes will not adversely affect your use of Services or any digital content that you have purchased from us.
In addition, We may change or update parts or the whole of the Service (which may include Virtual Items as defined in "Virtual Items and Currency" below), including bug fixes and updates, game balancing, changes in the user interface or how you access content, and other reasonable changes that may add, alter or remove functionalities and features.
If you are receiving a Service which is subject to a subscription fee paid by you (including a “monthly card”), we will only make such changes provided that no increase in price or alteration of the quality or the essential features of the Services results from any such changes. Updates to a Service which is subject to a subscription fee paid by you shall always match the description of it that we provided to you before you bought them and shall continue to be of a satisfactory quality.
User Account, Password and Security
If any part of the Services requires you to register and open an Account with Disruptor Beam on the Services, you must complete the registration process by providing Us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you elect to purchase paid Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by Disruptor Beam), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service.
You are entirely responsible for maintaining the confidentiality of your Account information (including user/account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account by any other person who (i) you have authorised to access your Account; or (ii) you have not authorised to access your Account but has gained access to your Account because of your negligence (or if you are a resident of Germany, gross negligence) (a “Non-Authorized User”). You agree to notify Disruptor Beam immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Disruptor Beam). Disruptor Beam will not be liable for any loss that you may incur as a result of a Non-Authorized User using your Account, with or without your knowledge. However, you will be liable for losses incurred by Disruptor Beam or another party due to a Non-Authorized User using your Account. Any distribution by you of your Account or related information may result in cancellation of your Account without refund.
Although the Services may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Any use of this password bypass feature through a third party service is at your own risk.
Charges, Billing and Free Trials
You may have an Account without paying to participate in certain Services. However, Disruptor Beam may charge fees (such as subscription fees, or payments for access to certain content or features) to access certain Services (including certain games or in-game items) and participate in related activities on the Disruptor Beam Sites. You must have an Account and pay fees to participate in these Services.UNLESS YOU ARE A RESIDENT OF GERMANY, SUBJECT TO THE PROVISIONS OF THESE TERMS OF SERVICE, FEES ARE NOT REFUNDABLE IN WHOLE OR IN PART.
We may change our subscription billing plans and the price of our products and services from time to time. This does not apply to any prepaid subscription periods which may not be increased after the payment was made. Any price changes to our subscription billing plans will apply to you for future subscription periods no earlier than 30 days following publication and email notice of these changes to you. Any such increase shall be based on an increase of costs on our side and we will provide reasonable information in regard to such cost development in case of an increase. If any change is unacceptable to you, you may cancel your subscription at any time and reclaim any unspent Virtual Currency If your use of our Services is subject to use or sales tax, then Disruptor Beam may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges. Some subscriptions may renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date.
In some cases, it may be possible for you to use a credit, charge or debit card or prepaid subscription game card (each referred to herein a "Credit/Debit Card") to pay for your subscription(s). When you provide Credit/Debit Card information to Disruptor Beam (or its designated licensees or subcontractors), you represent and warrant to Disruptor Beam that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees. Each month that you have an Account and an active subscription, you agree and reaffirm that Disruptor Beam is authorized to charge your Credit/Debit Card for the subscription fee. You agree to promptly notify Disruptor Beam of any changes to your Credit/Debit Card account number, its expiration date and/or your billing address, as applicable, and you agree to promptly notify Disruptor Beam if your Credit/Debit Card expires or is cancelled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or any Non-Authorized User of your Account.
For some Services, We may offer an option to access the Service without charge (or without charge for access to some partial set of the Service's content). In some cases, if you accept access to this Service, you may be required to provide Us with payment information, but only when payments become due. In such cases, such as a trial subscription, if so indicated in the relevant materials relating to your free trial subscription, We may begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telecommunications, and other connection fees that you may incur when accessing our Services, even when We offer access without charge. We offer additional products and content which may be purchased for a fee which may be otherwise inaccessible if you choose to play without incurring a charge.
Virtual Items and Currency
You acknowledge that the Services may include a component of in-game fictional items and/or fictional currency ("Virtual Items"), which constitutes a limited license right to use the Virtual Items feature of the Services when, as, and if allowed by Disruptor Beam. Disruptor Beam may charge fees for the right to use Virtual Items, or may distribute Virtual Items without charge, in its sole discretion.
This paragraph will not apply if you are a resident of Germany:
VIRTUAL ITEMS ARE A LIMITED LICENSE RIGHT GOVERNED SOLELY UNDER THE TERMS OF SERVICE, AND ARE NOT REDEEMABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM DISRUPTOR BEAM AT ANY TIME. YOU AGREE THAT DISRUPTOR BEAM HAS THE ABSOLUTE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND/OR ELIMINATE SUCH VIRTUAL ITEMS AS IT SEES FIT IN ITS SOLE DISCRETION, IN ANY GENERAL OR SPECIFIC CASE, AND THAT DISRUPTOR BEAM WILL HAVE NO LIABILITY TO YOU BASED ON ITS EXERCISE OF SUCH RIGHT.
This paragraph will not apply if you are a resident of Germany:
Notwithstanding any other language or context to the contrary, as used in these Terms of Service and throughout the Games in the context of Disruptor Beam transfer: (a) the term "sell" means "to transfer for consideration the licensed right to use Virtual Items in accordance with the Terms," (b) the term "buy" means "to receive for consideration the licensed right to use Virtual Items in accordance with the Terms," (c) the terms "buyer," "seller", "sale" and "purchase" and similar terms have corresponding meanings to the root terms "buy" and "sell. "Disruptor Beam may limit buyers of Virtual Items to any group of users at any time.
If your are a resident of the European Union you are entitled to withdraw from these Terms or any purchases of goods or services made under this agreement subject to the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of this contract.
To exercise the right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the linked withdrawal form but it is not obligatory.
Disruptor Beam, Inc.,
161 Worcester Rd, Suite 210,
Framingham, MA, 01701, USA.
I/we (*) would like to hereby cancel the contract that I/we (*) concluded for the provision of the following service:
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event you will not incur any fees as a result of such reimbursement.
Please note that by purchasing Virtual Items or purchasing a subscription to one of our Services you will no longer have the right to withdraw from your purchase under the EU's Consumer Rights Directive (as implemented within the national law of the country in which you are resident) once we start to supply you with the Virtual Item or your paid subscription to your chosen Service. If we delivered the Virtual Items or access to a paid-for Service to you immediately, and you agreed to this when ordering, you will not have this right to change your mind under this Directive.
Fees Charged by Third-Party Sites
We may provide links to other web sites not owned or operated by Us. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to Disruptor Beam. Disruptor Beam may also provide access to third-party vendors who provide content, goods and/or services on the Disruptor Beam Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Disruptor Beam makes no representation or warranty regarding any content, goods and/or services provided by any third-party even if linked from a Disruptor Beam Site or Service.
In some cases, you may be able to redeem access to certain content (for which a fee is normally charged) in exchange for a trial, or for accepting an offer from, a third-party site. Disruptor Beam is only obligated to give you access to such content once the third-party site reports to Disruptor Beam that such a transaction has occurred. Disruptor Beam is not liable for crediting your account due to the failure of a third-party site to report this information to Disruptor Beam.
This Section only applies if you are not a resident of the European Union:
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Disruptor Beam and/or its licensors.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, DISRUPTOR BEAM DOES NOT MAKE OR GIVE ANY WARRANTIES OR CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXCLUDES ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS DOES NOT AFFECT ANY STATUTORY CONSUMER RIGHTS TO WHICH YOU ARE ENTITLED BY APPLICABLE LAW.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U. S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252. 227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52. 227-19, as applicable. Manufacturer is Disruptor Beam, Inc.
By "Content," we mean the software, communications, images, sounds, and all the material and information perceived or made available from the Disruptor Beam Sites or Services, whether provided by Disruptor Beam or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Disruptor Beam Sites. Content standards may vary depending on where you are on the Disruptor Beam Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
Disruptor Beam representatives cannot monitor or pre-screen all of the Content on the Disruptor Beam Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Disruptor Beam does not endorse, approve, or pre-screen any Content that you or other third parties communicate on the Disruptor Beam Sites or Services. Disruptor Beam does not assume any responsibility or liability for Content that is generated by users of the Disruptor Beam Sites or Services, if Disruptor Beam removes content that infringes on any third party’s rights upon gaining knowledge of its infringing nature. You bear the entire risk of the completeness, accuracy or usefulness of Content provided by other users found on the Disruptor Beam Sites.
Disruptor Beam and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Disruptor Beam Site or Service. Without limiting the foregoing, Disruptor Beam and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Disruptor Beam's games and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Disruptor Beam may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that all Content, including, without limitation, all characters created and Virtual Items, acquired and developed as a result of game play, are the sole and exclusive property of Disruptor Beam and may be used by Disruptor Beam (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Disruptor Beam or third-party licensors (collectively, "Rights"), and/or (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. You represent and warrant that any Content you upload or otherwise transmit on or through the Services (“Your Content”) is not subject to any third-party Rights, or that you have received express authorization from the third-party Rights holder to distribute the Content on the Services.
If, and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, other than Your Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Disruptor Beam all of your right, title and interest in and to such Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. In the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Disruptor Beam the sole and exclusive, perpetual, irrevocable, sublicensable (directly and indirectly through multiple tiers), transferable, worldwide, paid-up and royalty free license to reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the Content, other than Your Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works, products and services in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content, other than Your Content.
You hereby grant to Disruptor Beam a non-exclusive, perpetual, irrevocable, sublicensable (directly and indirectly through multiple tiers), transferable, worldwide, paid-up and royalty free license to reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice Your Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works, products and services in any form, media, or technology now known or later developed.
If you are a resident of Germany:
Nothing in Section "User Content" shall be deemed to be a transfer of copyright, but only of rights of use under copyright. If you are a resident of Germany, the following shall be solely applicable in regard of any Content provided by You to Disruptor Beam: You grant to Disruptor Beam a non-exclusive, worldwide, and perpetual right to (i) use any content You post on a Disruptor Beam Message Board limited to such Message Board; and (ii) use any information, feedback or communication You provide to Disruptor Beam to be published within the scope of the Message Board or any other Service for which You intended to provide the content. You shall be entitled to remove any such content at any time on Your own and where this is not possible You may request from Disruptor Beam the removal of any such content within a reasonable period of time. The rights granted under this Section may be sublicensed to third parties that assist Disruptor Beam in providing the Service, in the operation of the Message Board or with any other issues connected with the Service. You shall not publish or provide any content that is encumbered with any third party rights. Disruptor Beam shall be free to use any ideas or requests not protected under copyright provided by You to enhance or modify the Service.
Copyright of Other Intellectual Property Complaints
Disruptor Beam respects the intellectual property of others, and we ask our users to do the same. Disruptor Beam complies with the Digital Millennium Copyright Act (17 U. S. C. § 512), also known as the DMCA and may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. The DMCA provides a simple procedure for copyright owners to report content that infringes their copyrights. Please note that the DMCA makes copyright owners liable if they materially misrepresent that a user's content is infringing. If you believe that your work has been copied in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Disruptor Beam's Copyright and Intellectual Property Agent the following information:
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the site;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
· your address, telephone number, and email address; and
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Disruptor Beam's Copyright and Intellectual Property Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Disruptor Beam, Inc.
ATTN: Matt Fuller
161 Worcester Rd. Suite 210
Framingham, MA 01701
You agree to notify us by e-mail (to copyright@DisruptorBeam.com) as well as in writing if you believe any content has been placed on a Disruptor Beam Site that infringes your copyright.
If you believe that content that you posted on the Site was removed by mistake, you may file a DMCA counter-notice by providing Disruptor Beam's Copyright Agent the following information:
· identification of the content and its location before removal;
· a statement under penalty of perjury that the content was removed by mistake or misidentification;
· a statement that (1) you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Disruptor Beam, Inc. may be found; (2) agree to accept service of process from the party who reported your content, or that party's agent and (3) under penalty of perjury, you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification;
o your address, telephone number, and email address; and
o your electronic or physical signature.
If everything is in order with your counter-notice, we will forward it to the complaining rights owner.
The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
Please note that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. If you are not confident of your claims, we recommend that you obtain legal advice before filing a DMCA counter-notice with us.
Other Illegal or Infringing Content
If you believe in good faith that any content on the Service is illegal or infringes your or a third party's right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Service (for example, illegal or infringing behaviour of any other user) then you may also contact us. This could include, for example, if you become aware of:
· trade mark infringement;
· defamatory comments or remarks; or
· a breach of your rights in relation to privacy or personal data.
Any notice must be provided by e-mail to DMCA@disruptorbeam.com and must contain:
· a detailed description of the infringing or illegal material or activity including why it is infringing or illegal;
· a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and
· your name, address, telephone number and e-mail address.
Disruptor Beam takes any complaints or allegations seriously and has a policy that once it does become aware of any illicit content, it acts expeditiously to remove or disable access to it if necessary
Notwithstanding any provision or statement in these Terms, the Disruptor Beam Sites or Services to the contrary, in the absence of a written agreement, Disruptor Beam and/or its licensors retain all right, title and interest in and to the Downloaded Content.
If you do not live in the European Union:
Disruptor Beam hereby grants you a revocable, personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for non-commercial and personal use only, one copy of any material that you are expressly authorized to download from this Disruptor Beam Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the "Downloaded Content"); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. Disruptor Beam reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by Disruptor Beam in any manner. You may not use Downloaded Content on sites that feature defamatory, pornographic, or inflammatory content.
Restrictions and Conditions of Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any individual game assets (including, without limitation, your Account, characters, housing, items, perks, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, or services obtained from the Services, without the express written consent of Disruptor Beam. You may not use the your Account(s) to "farm" in-game virtual items (i. e. playing the Disruptor Beam games or Services primarily for purposes of amassing an inventory of virtual items) for real-world commercial gain. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called "multiplexing" or "pooling" software or hardware). You further agree not to create or provide any means other than through the Disruptor Beam Sites by which Disruptor Beam's on-line computer game may be played by others - for example, through server emulators.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could intentionally damage, disable, overburden, or impair any Disruptor Beam server, or the network(s) connected to any Disruptor Beam server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Disruptor Beam server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Disruptor Beam has no obligation to monitor the Communication Services. However, Disruptor Beam reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. This does not include any direct, private communication between users, unless it was requested by at least one participant in advance or if there is reason to believe that a user is using such direct communication in order to breach these ToS or any applicable law. Disruptor Beam reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Disruptor Beam, and such communications shall not be considered reviewed, screened or approved by Disruptor Beam. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors.
You acknowledge and agree that your public communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these public Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the Communications Services. Disruptor Beam is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Disruptor Beam reserves the right at all times to disclose any Content found on the Communications Services as Disruptor Beam deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Disruptor Beam's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Disruptor Beam Sites or Services in order to:
· Conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
· Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
· Except as expressly authorized by Disruptor Beam, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
· Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
· Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
· Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
· Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
· Impersonate or create a false identity (such as a celebrity or Disruptor Beam representative) for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
· Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
· Improperly use in-game support or complaint buttons or make false reports to Disruptor Beam administrators.
· Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
· Use the Disruptor Beam Sites or Services (including bulletin boards or other Communications Services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
· Use the Disruptor Beam Sites, Services or Software to resell or make any commercial use of the Disruptor Beam Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Disruptor Beam.
· Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions (including cases of “friendly fraud” (unauthorized chargebacks) in which, without notifying Us so that We may revert your account to an appropriate state, you obtain a refund or chargeback for Virtual Currency or Virtual Goods which you have received and are using).
· Abuse bugs or exploit features in the Services to gain unintended advantages over other players; create multiple accounts to artificially increase the ratings or scores; or to engage in any form of "sock puppetry,” or engage in any act which Disruptor Beam deems to be in conflict with the spirit or intent of the Services.
When signing up for a Service, you may elect to receive periodic information regarding current and future Services offered on the Disruptor Beam Sites. In addition, you may enter into contests and sweepstakes as long as you meet the applicable eligibility requirements, which will be subject to separate rules and conditions for entry; any such rules and conditions will be made available to you at the time for you to read and accept. You may unsubscribe from such contact on any of these Services at any time by following the procedures made available with the applicable Services or as set out in the communications we send you.
The Disruptor Beam Sites and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Disruptor Beam Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws and the copyright laws of other jurisdictions. Disruptor Beam (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Disruptor Beam and/or third-party licensors shall remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Disruptor Beam Sites and Services, and derivative works thereof, and that you shall not acquire any of those ownership rights by downloading or otherwise accessing such Content. All characters appearing in the Disruptor Beam Sites and Services are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.
Jurisdictional Issues and Export Control Laws
The Service is controlled and operated by Disruptor Beam from its offices within The Commonwealth of Massachusetts in the United States. You agree to abide by U. S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Disruptor Beam Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. No Content or Software may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U. S. has embargoed goods, or to anyone on the U. S. Treasury Department's list of Specially Designated Nationals or the U. S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination of Account
You have the right to cancel your Account(s) at any time. You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Disruptor Beam Site.
Disruptor Beam may cancel or suspend your account if We become aware of or suspect that you have breached these Terms of Service (please see the Restrictions and Conditions of Use above for specific examples) and will provide notice to you via email (or within the applicable Services) that we have done so. In addition, we may also terminate any Service or your Account for any reasonable commercial reason, upon ninety (90) days notice. Disruptor Beam reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s) provided that these are genuinely due or owing to Us at the time you or We cancel your Account. In the event that your Account is terminated, suspended or cancelled due to a breach of these Terms, or if it is terminated by you, no refund will be granted unless we terminate your Account in error or it is expressly stated otherwise in these Terms; no online time or other credits or in-game items (e. g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items). If your Account is terminated or suspended by Disruptor Beam, Disruptor Beam shall have the right to terminate or suspend any of your other Account(s).
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Disruptor Beam shall 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 the Service.
Links to Third-Party Sites
THE LINKS APPEARING IN CERTAIN DISRUPTOR BEAM SITES WILL LET YOU LEAVE THE DISRUPTOR BEAM SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DISRUPTOR BEAM AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. DISRUPTOR BEAM IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. DISRUPTOR BEAM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DISRUPTOR BEAM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DISRUPTOR BEAM OF THE LINKED SITES. DISRUPTOR BEAM MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Limitation of Liability; Refunds
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE DISRUPTOR BEAM SITES, SERVICES, SOFTWARE OR CONTENT.
SUBJECT TO THE PROVISIONS OF THESE TERMS OF SERVICE, FEES ARE NOT REFUNDABLE IN WHOLE OR IN PART.
DISRUPTOR BEAM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISRUPTOR BEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISRUPTOR BEAM SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO DISRUPTOR BEAM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND DISRUPTOR BEAM’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH DISRUPTOR BEAM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Disruptor Beam may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Disruptor Beam’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DISRUPTOR BEAM.
You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom, and neither Disruptor Beam nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Disruptor Beam Parties") will be liable for any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Disruptor Beam Sites or Services. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
This Section “Limitation of Liability; Refunds” above shall not apply to residents of Germany; for residents of Germany the following shall be applicable:
Disruptor Beam shall only be fully liable for damages if such damages were caused by gross negligence or intentional acts of Disruptor Beam, its employees, agents and officers; in the case of simple negligence Disruptor Beam is only liable for personal injury and death arising out of its negligence and for breach of contractual obligations which You could trust not to be breached and which are essential to the performance under these Terms and in this case only, liability is limited to the typical foreseeable damages. Your rights under the German Product Liability Act remain unaffected. Where liability is excluded or limited, such exclusion or limitation shall also be extended to Disruptor Beam’s parent company, affiliates and subsidiaries and their respective employees, agents and officers.
You agree to indemnify and hold the Disruptor Beam Parties harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Services which is at least negligently not in compliance with these Terms of Service or any other terms or agreements governing your use of the Services.
If you live in the United States or Canada:
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Disruptor Beam will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything in these Terms of Service to the contrary, an amendment of this Arbitration section shall not apply to a dispute with respect to which Disruptor Beam had actual notice on the effective date of the applicable amendment.
If you live outside of the United States or Canada:
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how Disruptor Beam has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Commission Online Dispute Resolution website (“ODR”) via their website at https://webgate.ec.europa.eu/odr/main/index.cfm . ODR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Laws and Forum for Legal Disputes
If you live outside of the European Union:
These Terms of Service are governed by the laws of the United States of America and The Commonwealth of Massachusetts, U.S.A. For all disputes arising out of or relating to the use of the Services that are not contemplated under the heading “Arbitration” above, you hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Suffolk County, Massachusetts, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Suffolk County, Massachusetts, U.S.A.
If you live within the European Union:
You agree that these Terms of Service shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the remainder of these Terms of Service shall continue in effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Disruptor Beam with respect to the Services.
A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Disruptor Beam as a result of these Terms of Service or use of the Disruptor Beam Sites, Services, Software or Content.
Disruptor Beam's failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Disruptor Beam of any provision, condition or requirement of these Terms of Services or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Conditions or License Agreements, no default, delay or failure to perform on the part of Disruptor Beam shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Disruptor Beam.
All notices given by you or required under these Terms of Service shall be in writing and addressed to Disruptor at the corporate address currently listed on http://DisruptorBeam.com or via email to firstname.lastname@example.org. Disruptor Beam may give notice to you by means of a general notice on the Disruptor Beam Sites or Services, electronic mail to your e-mail address on record in Disruptor Beam's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Disruptor Beam's Account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in English or the German language.
Disruptor Beam's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Disruptor Beam's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Disruptor Beam with respect to such use.
Reservation of Rights
Disruptor Beam may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services and the Disruptor Beam Sites. Except as expressly provided in these Terms of Service or the applicable License Agreement, the availability of the Services and such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by Disruptor Beam (or its licensors).
Copyright and Trademark Notices
All content, design and layout of the Disruptor Beam Sites: Copyright © Disruptor Beam, Inc.
DISRUPTOR BEAM and other Disruptor Beam logos, product brand and service names are registered or unregistered trademarks or service marks of Disruptor Beam, Inc. in the United States and/or other jurisdictions. All other trademarks referenced on this website are the property of their respective owners.