This Agreement was last modified on December 17, 2014.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://warmerise.com/ ("the Site") operated by Warmerise ("us", "we", or "our").
This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://warmerise.com/.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by http://warmerise.com/ ("the Owners of Site") and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Service of http://warmerise.com/ ("the Site") permit users upload content in form of digital file
User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and http://warmerise.com/ ("the Owners of Site") shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e) Unsolicited promotions, political campaigning, advertising or solicitations;
f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g) Viruses, corrupted data or other harmful, disruptive or destructive files;
h) User Content that violates the Rules of Conduct or that, in the sole judgment of http://warmerise.com/ ("the Owners of Site"), is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose http://warmerise.com/ ("the Site") or its users to any harm or liability of any type.
http://warmerise.com/ ("the Owners of Site") takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is http://warmerise.com/ ("the Owners of Site") liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of Interactive Areas is at your own risk. As a provider of interactive services, http://warmerise.com/ ("the Owners of Site") is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although http://warmerise.com/ ("the Owners of Site") has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, http://warmerise.com/ ("the Owners of Site") reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and will not violate any rights of or cause injury to any person or entity.
You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.
The games are designed for play only as offered through our Services at the Website.
You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators.
You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by http://warmerise.com/ ("the Owners of Site"), including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input.
You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by these Terms and the applicable EULA.
You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
You do not have ownership of and may not sell, transfer, trade or auction any Accounts, characters, items, coin, cash, skill points, experience points or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by http://warmerise.com/ ("the Owners of Site"). http://warmerise.com/ ("the Owners of Site") does not recognize any transfers occurring outside of the Service of anything related to the Service.
You may be given the opportunity to Beta test new games ("Beta Games") and Website features.
Your participation as a Beta tester is subject to the terms and conditions below.
You acknowledge that the you are using a preliminary, preview edition of the Websites features and the Beta Games and that you are participating in a beta test thereof (the "Beta Test"), and that the Beta Games site Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems.
Closed Beta Tests are confidential, and you agree to that all information about the Beta Games, the Services and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you provide to http://warmerise.com/ ("the Owners of Site") regarding the Beta Games, the Services or the Beta Test, shall be treated as confidential (the "Confidential Information").
You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Games and Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person.
You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of http://warmerise.com/ ("the Owners of Site"), and http://warmerise.com/ ("the Owners of Site") may use such Confidential Information for any purpose without any obligation to you.
You will carry out the testing personally and not provide access to Beta Games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to http://warmerise.com/ ("the Site"), and http://warmerise.com/ ("the Owners of Site") is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Games confidential will continue until http://warmerise.com/ ("the Owners of Site") publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta Games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Games or content that you find here.
The Beta Games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.
You understand and agree that playing Beta Games is at your own risk, that you know that the Beta Games may include known or unknown bugs, and that http://warmerise.com/ ("the Owners of Site") has no obligations to you with respect to Beta Games, including without limitation any obligation to provide such games to you in the future at no charge.
When playing some Beta Games, you may accumulate treasure, experience points, skill points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
We may terminate your access to the Site, if any of the rules above are violated by user (you) or due to illegal activity in game (“hacking, taking advantage of glitches etc,”), which may result in the forfeiture and destruction of all information associated with you.
Users also have option to remove their accounts by going to this page: Account Removal Page
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Site may contain links to third-party sites that are not owned or controlled by Warmerise.
Warmerise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
Warmerise grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
In no event shall Warmerise, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arrising from your violation of any third-party's rights.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Warmerise, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United States, without giving effect to any principles of conflicts of law.
Sharing account credentials between multiple users and playing at the same time using same account is considered cheating and should be avoided. Such accounts pose great risk to be banned from site.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please Contact Us.