Welcome to our website Network (“MMOCLUSTER Websites” or “Websites”! MMOCLUSTER, GmbH. (“MMOCLUSTER” provides the services available on the Websites to you subject to the following terms and conditions (“Terms of Service”. BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the MMOCLUSTER.com domain name, the "MMOCLUSTER Websites", or "Websites", YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS. If you agree to these Terms of Services, then you may use the MMOCLUSTER Websites. If you do not agree to any of these terms, then please do not use the MMOCLUSTER Websites.
Access to Websites
MMOCLUSTER hereby grants you permission to use the Websites as set forth in this Terms of Service, provided that: (i) your use of the Websites as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites in any medium without MMOCLUSTER's prior written authorization; (iii) you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Websites, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MMOCLUSTER immediately of any breach of security or unauthorized use of your account. Although MMOCLUSTER will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MMOCLUSTER or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites in a manner that sends more request messages to the MMOCLUSTER servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, MMOCLUSTER grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MMOCLUSTER reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.
Intellectual Property Rights
The content on the MMOCLUSTER Websites, except all User Submissions (as defined below), including without limitation, the text, software, graphics, photos, sounds, music, videos, interactive features and the like ("Content" and the trademarks, service marks and logos contained therein ("Marks", are owned by or licensed to MMOCLUSTER, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions)). Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MMOCLUSTER reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes. We grant you a limited, revocable, and nonexclusive license to access and make personal use of the Websites. Please note that you may not frame or utilize framing techniques to enclose the Websites or any portion thereof without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MMOCLUSTER Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MMOCLUSTER Websites or the Content therein.
The MMOCLUSTER Websites may now or in the future permit the submission of content by you and other users ("User Submissions" and the hosting, sharing, and/or publishing of such User Submissions). You understand that whether or not such User Submissions are published, MMOCLUSTER does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MMOCLUSTER to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Submission submitted by you. You agree to indemnify MMOCLUSTER for all claims arising from your claims to any rights in any User Submission.
With respect to posted content, the submitting user retains ownership of such content.
By submitting, posting or displaying content on, to, or through MMOCLUSTER Websites (or its successors and affiliates), you grant MMOCLUSTER, Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display and perform such content on MMOCLUSTER Websites (or its successors and affiliates). MMOCLUSTER, Inc. reserves the right to syndicate User Submissions submitted, posted or displayed by you on or through MMOCLUSTER Websites (or its successors and affiliates) and use that content in connection with any service offered by MMOCLUSTER, Inc. The aforementioned license granted by you terminates once you remove or delete a User Submission from MMOCLUSTER Websites. You also acknowledge that MMOCLUSTER, Inc. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. In addition you acknowledge and grant users of the MMOCLUSTER Websites a non-exclusive license to access your User Submissions through the MMOCLUSTER Websites (or its successors and affiliates) and to use such User Submissions as applicable by their respective licenses.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MMOCLUSTER all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MMOCLUSTER or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MMOCLUSTER does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MMOCLUSTER expressly disclaims any and all liability in connection with User Submissions. MMOCLUSTER does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and MMOCLUSTER will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MMOCLUSTER reserves the right to remove Content and User Submissions without prior notice. MMOCLUSTER will also terminate a User's access to its Websites, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Websites more than twice. MMOCLUSTER also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MMOCLUSTER may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA" by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MMOCLUSTER's designated Copyright Agent to receive notifications of claimed infringement is: email:
. You may also contact this address for any other feedback, comments, requests for technical support, and other communications. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
You understand that when using the MMOCLUSTER Websites, you will be exposed to User Submissions from a variety of sources, and that MMOCLUSTER is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MMOCLUSTER with respect thereto, and agree to indemnify and hold MMOCLUSTER, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
MMOCLUSTER permits you to link to materials on the Websites for personal, non-commercial purposes only. In addition, MMOCLUSTER may now or in the future provide an "Embeddable Player feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Websites, provided that you include a prominent link back to the MMOCLUSTER websites on the pages containing the Embeddable Player. MMOCLUSTER reserves the right to discontinue any aspect of the MMOCLUSTER Websites at any time.
YOU AGREE THAT YOUR USE OF THE MMOCLUSTER WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MMOCLUSTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. MMOCLUSTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MMOCLUSTER WEBSITES. MMOCLUSTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MMOCLUSTER WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MMOCLUSTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MMOCLUSTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, (V) ANY INTERRUPTION OF BUSINESS; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MMOCLUSTER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (VII) EVENTS BEYOND MMOCLUSTER’S REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MMOCLUSTER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IN NO EVENT SHALL MMOCLUSTER’s MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). The Websites are controlled and offered by MMOCLUSTER from its facilities in Germany. MMOCLUSTER makes no representations that the MMOCLUSTER Websites are appropriate or available for use in other locations. Those who access or use the MMOCLUSTER Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MMOCLUSTER, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MMOCLUSTER Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MMOCLUSTER Websites.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MMOCLUSTER Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the MMOCLUSTER Websites—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MMOCLUSTER without restriction.
You agree that: (i) the MMOCLUSTER Websites shall be deemed solely based in California; and (ii) the MMOCLUSTER Websites shall be deemed a passive websites that does not give rise to personal jurisdiction over MMOCLUSTER, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, as if these Terms of Service were a contract wholly entered into and wholly performed without California. Any claim or dispute between you and MMOCLUSTER that arises in whole or in part from the MMOCLUSTER Websites shall be submitted to confidential arbitration under the rules then prevailing of the American Arbitration Association, in a proceeding located in San Francisco County, California. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceeding or otherwise. Notwithstanding the arbitration provision above, to the extent you have in any manner violated or threatened to violate our intellectual property rights, MMOCLUSTER may seek injunctive or other appropriate relief in California, and you consent to exclusive jurisdiction and venue in such courts. These Terms of Service and any other legal notices published by MMOCLUSTER on the Websites, shall constitute the entire agreement between you and MMOCLUSTER concerning the MMOCLUSTER Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MMOCLUSTER's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MMOCLUSTER reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes on mmocluster.com. Your use of the MMOCLUSTER Websites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MMOCLUSTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MMOCLUSTER WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.