About Alliance Warfare
1. The Contents
The information and materials provided on or through the Websites and/or Services, including without limitation, Virtual Currency (defined below), Site Items (defined below), and any other data, icons, software, text, graphics, pictures, video, games, audio, and upgrades for use in games or on or through the Websites and/or the Services (including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Websites and/or the Services (collectively, the “Contents”), excluding Submissions (defined below), are intended to inform and educate you about DistrictWare and its business and provide you with access to the Services. THE CONTENTS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
2. Limited License and Right to Use the Contents.
The Websites and Services are provided for your entertainment, and unless otherwise mentioned on or in the Websites or Services, exclusively for your own personal use. DistrictWare grants you a personal, non-transferable, non-sublicensable, non-exclusive, limited license to use and access the Websites and Services for your own non-commercial entertainment purposes, subject to your complete respect and compliance with the Terms and any and all other terms, obligations and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms, DistrictWare reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 10 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your own personal entertainment purposes, and that no monetary value can be imputed to such time and that, but for the license granted herein, you are not permitted under the law to use or have access to the Websites or Services and/or the Contents. Except as expressly described herein, DistrictWare does not grant you any other express or implied rights or license in or to the Contents, Services and/or the Websites, and all interest, title and right that DistrictWare has in the Contents and/or the Websites rights not explicitly given to you by DistrictWare or its licensors are retained by DistrictWare or its licensors, respectively.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), reverse engineer, copy, de-compile, adapt, or otherwise reduce to human perceivable format, republish, distribute, transmit, frame, scrape, reproduce, download, display, post, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Contents without DistrictWare or its licensors’ express prior written consent. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and transferring that data anywhere.
3. Intellectual Property.
You acknowledge and agree that the Contents, Services and Websites are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (hereafter “Intellectual Property”) owned by DistrictWare , and/or its licensors, including without limitation the selection, arrangement, assembly, coordination, compilation, and any enhancements thereto. The Contents, Websites and Services (and any other rights and Intellectual Property appurtenant thereto) are and will stay the property of DistrictWare. The logos, trademarks, trade dress, trade names, and service marks exhibited on the Websites or any Third Party Platform, including but not limited to the DistrictWare and ALLIANCE WARFARE logos, marks, and trade dress are the registered and/or unregistered trademarks of DistrictWare, DistrictWare’ licensors and vendors and/or other third parties. You acknowledge and agree that under Canada, United States and foreign laws, the Intellectual Property is valid, in good standing and protected in all media existing now or later developed or acquired. You acknowledge and agree that you do not acquire any ownership or proprietary rights in or to the Intellectual Property. The Intellectually Property may not be used by you for any purpose without DistrictWare’ prior express written consent, unless permissible by law. Regardless of the aforementioned, the Intellectual Property may not be used in connection with any product or service that is not DistrictWare’, in any manner or ways that is likely to cause confusion among consumers, or in any ways or manner that discloses confidential information or denigrate DistrictWare. Nothing contained on the Websites or available on any Third Party Platform should be construed as giving, by estoppels, implication or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, DistrictWare and its licensors of the Contents do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
4. Right to Modify.
DistrictWare reserves the right, at any time, to suspend, modify, or discontinue the Websites, the Services, the Contents or any part or parts thereof with or without notice. You acknowledge and agree that DistrictWare will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
5. Your Account.
In order to access and/or use certain aspects of the Websites and/or Services, DistrictWare may demand you to create a user Account (“User Account”). You acknowledge and agree that you have no ownership or other proprietary interest in such User Account. To create a User Account, DistrictWare may demand, require or request that you to provide certain personal information (e.g., your name and/or e-mail address). It is your choice to provide DistrictWare some of you personal information. Each time you agree to supply DistrictWare with your personal information, you agree to: 1) provide accurate information about yourself as demanded by DistrictWare’ registration form (including your current e-mail address); and 2) maintain and update your information (including your e-mail address) to keep it accurate and current. You acknowledge and agree that, if any information provided by you is false, inaccurate, incomplete or not current DistrictWare has the right to put an end to your access to and use of the Websites and/or Services (or any part or portion thereof) and your participation in any Services contained on or available through the Websites or any Third Party Platform. To create an Account, DistrictWare may require you to choose a username and password. Your username is subject to certain terms and Standards, as set forth in Sections 5 and 8 below. You acknowledge and agree that DistrictWare has the right, in its sole discretion to suspend or put an end to your user Account and deny any and all current or future use of the Websites and/or Services (or any portion thereof).
6. User Name & Password.
You agree and acknowledge that you shall be responsible for ensuring that any user name you choose is lawful and does not infringe any third party rights. DistrictWare may refuse to grant you a username in its sole discretion for any reason, including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, may cause confusion, is vulgar or otherwise offensive, or for any other reason as determined by DistrictWare in its sole discretion. Your selection and use of a particular username does not convey any ownership or rights in that username and DistrictWare reserves the right to revoke and/or reassign that username in its sole discretion. You understand, acknowledge and agree that DistrictWare reserves the right to modify, remove, alter, change or delete any username, with or without prior notice to you, at any time and for any reason in DistrictWare’ sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly modify your password and (ii) immediately notify DistrictWare of the problem by e-mailing at firstname.lastname@example.org (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account at any time and you may not permit anyone else to use your Account at any time. You acknowledge and agree that DistrictWare will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree and acknowledge that you will be liable for losses incurred by DistrictWare or another party due to someone else using your Account. Because of this, DistrictWare strongly recommends that you exit from your Account at the end of each session.
You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. DistrictWare may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in its sole discretion. You represent to DistrictWare that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
7. Virtual Currency/Site Items.
You acknowledge that the Websites and/or Services may include a component of fictional credits or currency called “Coins” (collectively, “Virtual Currency”) The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”).Notwithstanding the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from DistrictWare or any other person or entity at any time. Virtual Currency provided by DistrictWare includes only a limited license right to use Virtual Currency. Other than a limited, revocable, personal, non-sublicenseable, non-transferable, license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree and acknowledge that you have no right, title or proprietary rights in or to any such Virtual Currency.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER DistrictWare NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
DistrictWare reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, DistrictWare may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that DistrictWare may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable.
DistrictWare has the absolute right to manage, modify, control, regulate and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and DistrictWare shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is put to an end, terminated, suspended or closed for any reason or when DistrictWare discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
DistrictWare reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. DistrictWare further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While DistrictWare strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that DistrictWare’ determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to DistrictWare that such calculation was or is intentionally incorrect.
8. Virtual Currency Transfers/Transactions.
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Site Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Websites or Services is not sanctioned by DistrictWare and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify DistrictWare against any and all consequences resulting from such actions. You acknowledge that DistrictWare may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that DistrictWare may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. DistrictWare may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to DistrictWare ’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Site Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in DistrictWare’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that DistrictWare shall have no liability for the use or loss of such information, Virtual Currency and/or Site Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. DistrictWare may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.
You may be required to provide DistrictWare or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. DistrictWare is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. DistrictWare expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store.
9. Online Services/Your Responsibilities.
While using any of the Websites and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards and guidelines set forth in “Announcements” or “Stickies” found in the Websites forums (any all such standards are hereby incorporated by reference into these Terms) (collectively, “Standards”). You agree not to:
While using the Websites or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, DistrictWare has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the STANDARDS.
10. Forums & Submissions.
The Services may include features such as ratings, message boards, e-mail services, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Websites or Services, including through Third Party Platforms (collectively, the “Forums”), and may redistribute content you send/upload/post to the Websites or through Third Party Platforms. By sending, posting or transmitting to DistrictWare photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information, ratings or other materials (collectively, “Submissions”) or by posting such Submissions to any area of the Websites (including without limitation, the Forums) or on Third Party Platforms, you grant DistrictWare and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Websites, Services or Third Party Platforms, or to DistrictWare that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions. You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications. DistrictWare strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. DistrictWare is not responsible for information that you choose to communicate via the Forums or Submission.
You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Services, through Third Party Platforms, or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of DistrictWare. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will DistrictWare or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Websites, Services, or any Third Party Platform. DistrictWare has no obligation to monitor the Websites, Services, any Third Party Platform, or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any Third Party Platform, or in the Forums. You acknowledge and agree that DistrictWare has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Websites or any Services available thereon or through any Third Party Platform to (a) protect DistrictWare and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and DistrictWare ’s users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
Notwithstanding anything stated herein, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify DistrictWare and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to DistrictWare or the Websites or any Third Party Platform. DistrictWare has the right, but not the obligation, to monitor and edit or remove any activity or content. DistrictWare takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. DistrictWare RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING OR APPEARING ON THE WEBSITES, IN THE SERVICES, OR IN ANY THIRD PARTY PLATFORM.
DistrictWare may store Submissions indefinitely. However, DistrictWare has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to DistrictWare for doing so.
Your right to access and use the Websites, Services and Materials will remain effective until terminated in accordance with the Terms. DistrictWare reserves the right to revoke the license granted to you herein, and if we do, DistrictWare may terminate your access to and use of the Websites, Services and Materials and may, in its sole discretion, maintain or delete your Account and any items associated therewith, including without limitation any Virtual Currency, Site Items, and Submissions. If DistrictWare revokes your license, DistrictWare will not have any liability to you for any time spent by you, any Virtual Currency, Site Items and/or Submissions associated with your Account, or for any other reason whatsoever.
In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Currency, accumulating or creating Site Items, creating Submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Currency, Site Items, or Submissions, regardless of whether you are barred from access to them.
DistrictWare may suspend, terminate, modify, or delete your Account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that DistrictWare in its sole discretion determines is appropriate. For example, your Account may be deleted and terminated without warning if DistrictWare believes, in its sole discretion, that you are under 13 years of age; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or DistrictWare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Websites, Services and Materials, including without limitation the Site Items and Virtual Currency, will immediately cease. DistrictWare also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion.
You may close your Account by submitting an email request with the subject “Please Close My Account” to email@example.com. DistrictWare may terminate your Account, in its discretion, if it has been inactive for a period of at least 6 months. Your Account will be considered inactive if you do not log on to any Websites or Services using your username and password.
Except as set forth herein, you must be at least 13 years of age to use the Websites or Services, or anything accessible or available on the Websites or through Third Party Platforms, register for an Account, or transmit or post any Submission or any Personal Information to any Forum or Blog or anywhere else on the Websites. By accessing, using and/or submitting content or messages to or through the Websites or Services, including Services available through Third Party Platforms, you represent that you are at least 13 years old or older for Canadian or United States users, or that you are an adult in any other jurisdictions.
Users Aged 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE WEBSITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITES AND/OR SERVICES AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON THE WEBSITES OR THROUGH THIRD PARTY PLATFORMS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors.
13. User Ideas.
DistrictWare does not accept or consider from users unsolicited ideas, including ideas for new promotions, products, games, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Websites, Services or Third Party Platforms, or to DistrictWare through e-mail that you consider to be confidential or proprietary. You agree that DistrictWare shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to DistrictWare , including any concepts, know-how or ideas, you hereby grant DistrictWare a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Websites or Services, and for DistrictWare’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. DistrictWare is under no obligation to evaluate, review, or use any User Idea.
You hereby agree and acknowledge that: i) DistrictWare has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification and other lawful purposes; ii) DistrictWare has the right to obtain without notification to you non-personal information from your connection to the Websites or Services or via any Third Party Platform for demographic or other legal purposes; and iii) DistrictWare has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.” The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by DistrictWare to not be in compliance with the Terms and any and all other DistrictWare Standards, rules, policies, notices and/or agreements. You acknowledge and agree that you (and not DistrictWare ) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by DistrictWare, including without limitation, the Websites, Services, or Third Party Platforms, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any websites through which you access DistrictWare’ products or Services, including the Websites and any Third Party Platforms.
17. Accessing Materials.
Access to the Websites or Materials from territories where their contents are illegal is prohibited. Those who choose to access or use the Websites or Materials from locations outside of Canada do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Users visiting the Websites or Third Party Platforms from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
18. Copyright Infringement.
If you believe in good faith that materials hosted by DistrictWare infringe your copyright (for example, materials posted by a user on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to DistrictWare. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact DistrictWare with the following information:
a) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
b) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
c) Your contact information so that we can contact you (for example, your address, telephone number, email address);
d) A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
e) A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
f) Your physical or electronic signature.
Please send this written notice to DistrictWare as follow:
If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:
a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
c) Your name, address and telephone number;
d) Your physical or electronic signature.
Please send this written notice to DistrictWare as follow:
Please be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this Notice and Takedown Procedure.
Notices and counter-notices must meet the then-current statutory requirements imposed by the appropriate Intellectual Property authority. Notices and counter-notices with respect to the Websites should be sent to DistrictWare’ for Notice of claims of copyright infringement at:
20. Third-Party Offerings.
21. Disclaimer of Warranties.
THE WEBSITES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DistrictWare AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DistrictWare AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF DistrictWare OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
22. Limitation of Liability.
A possibility exists that the Websites, Materials, including any Services provided on any Third Party Platform, or Submissions could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites or Materials, including any Services available on any Third Party Platform. Although DistrictWare attempts to ensure the integrity of the Websites and Materials, including the Services on Third Party Platforms, we make no guarantees as to the Websites’s or Materials’s completeness or correctness. In the event that a situation arises in which the Websites’s or Materials’s completeness or correctness is in question, please submit a request via Email: firstname.lastname@example.org (with the subject line “Inaccuracies in Websites or on Third Party Platform Name”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Websites or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” above.
24. System Outages.
DistrictWare periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that DistrictWare has no responsibility and is not liable for: 1) the unavailability of the Websites or Services including those available on Third Party Platforms; 2) any loss of materials, data, transactions or any other information or materials caused by such system outages; 3) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or 4) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
You agree to indemnify, defend, and hold harmless DistrictWare , its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from 1) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; 2) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; 3) your access to and use of the Websites, the Materials, including any Services available on Third Party Platforms, or Submissions; 4) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
26. Statute of Limitations.
Any claim or cause of action arising out of or related to use of the Websites, the Materials, including any Services or information available through Third Party Platforms, or the Terms must be filed within 3 years after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 3 years period, such claim or cause of action are forever barred.
28. Mobile Terms.
The Websites and Materials, including without limitation any Services available through Third Party Platforms, may include versions designed for mobile content that may be viewed on mobile devices (the “Mobile Site”). In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile Site. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. DistrictWare is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.
Except as explicitly stated otherwise, legal notices will be served to DistrictWare’ email address set forth in section 35 or to the e-mail address you provide to DistrictWare during the registration process. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for any of the Services or the Websites. In such case, notice will be deemed given three days after the date of mailing.
The failure of DistrictWare to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by DistrictWare.
31. Governing Law/Jurisdiction.
The Terms are governed by and construed in accordance with the laws of the Province of Québec, Canada, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the Province of Québec. Any disputes between you and DistrictWare relating to the Website or the Services that involve a claim of less than US$5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and DistrictWare agree that the following rules shall apply to the arbitration proceedings: 1) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; 2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and DistrictWare relating to the Website or the Services that involve a claim of more than US$5,000 are subject to the exclusive jurisdiction of the courts located in the judicial district of Montréal, Province of Québec. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without DistrictWare ’s prior written consent, but may be assigned by DistrictWare freely without restriction.
34. Entire Agreement.
This is the entire agreement between you and DistrictWare relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DistrictWare, AND BY USING THE WEBSITE AND SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. You should review this Policy in conjunction with our Terms of Service available here: Terms of Service, and any other agreement provided by us that governs your use of the Websites and Services. You should not use the Websites and/or Services if you do not agree with this Policy, our Terms of Service and any other agreement that governs your use of the Websites and/or Services. Terms not otherwise defined herein shall the same meaning as any definition set forth in the Terms of Service.
Scope of This Policy and the Covered Sites
This Policy is applicable worldwide and applies to all of our Websites and Services where we provide a link to this Policy, including Services available on Third Party Platforms, unless otherwise stated or unless we provide a link to a different policy. All Websites and Services that are governed by this Policy will contain a prominent link to this Policy on or near the homepage of the Website (or through a pop-up window on any mobile and/or other Internet connected devices (“Wireless Devices”) where possible.
This Policy applies only to information that we collect online through use of the Websites or Services. It does not apply to information that we may collect through other means.
The Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving a DistrictWare Website, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a Third Party Platform, including via any Wireless Devices, your privacy will also be subject to the privacy policies and terms of service of the Third Party Platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any Third Party Platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully.
The Type of Information We May Collect
DistrictWare may collect different information from or about you depending upon the manner in which you use the Websites or Services. The following examples are provided to help you better understand the information we may collect through your use of and/or interaction with the Websites and/or Services:
We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation.
How We Use The Information We Collect
DistrictWare may use the information we collect through your use of the Websites and Services for a variety of purposes, primarily related to providing and improving the quality of our Websites and Services. For example, we may use the information we collect in the following ways:
When And How We May Share/Disclose Your Information With Third Parties
We will only share your information (including personal information) with the following third parties or under the following circumstances or as otherwise described in this policy:
How Do We Keep Your Information Secure?
DistrictWare takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and DistrictWare, the Websites or Services, or any information provided to us in connection with the information we collect through the Websites or Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Your password is an important component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately and follow the notification procedures set forth in Section 5 of our Terms of Service. (Terms of Service)
Your Choices Regarding The Use of Your Information
As discussed, you can always choose not to provide certain information to us but you may not be able to use certain features of the Websites or Services. If you do not wish to receive Promotional Communications from us, you can opt-out by: (i) following the unsubscribe instructions provided in the Promotional Communication you receive; or (ii) managing your e-mail preferences by signing into your account on the DistrictWare.com site, clicking on the Settings link in the site header, navigating to the Preferences tab, and unchecking the email lists you no longer wish to subscribe to.
How To Access & Update Your Information
You may access and update your information that DistrictWare collects and maintains in the following ways:
How to Delete Your Account and What Happens if Your Account is Terminated or Delete
Our Policy Concerning Children
The Websites and Services are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use or attempt to use our Websites or Services, and if you are under 13, please do not attempt to use our Website or Services or send any information about yourself to DistrictWare.
Modifications To This Policy
From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features, and DistrictWare reserves the right to modify and/or make changes to this Policy at any time. If we make any material change we will notify you prominent means such as by email notice sent to the email address specified in your account) or by posting a notice on the site. Other modifications will become effective on the day they are posted unless stated otherwise.
If you continue to access and/or use the Websites or Materials, including any of the Services available through any Third Party Platform, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Policy as changed. The revised Policy supersedes all previous privacy policies. For this reason, we encourage you to review this Policy any time you access or use the Websites or Materials, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of this Policy and any other policies or agreements set forth or available on or through the Websites or any Third Party Platform.
DistrictWare stores information about site visitors and players on servers primarily located in Canada, and DistrictWare may also store such information on servers and equipment in other countries. If you are accessing the Websites or Services from outside Canada, please know the data and personal information you submit will be transferred to and stored in servers in Canada or other countries. The data protection and other laws of Canada and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Websites or Services, you consent to the transfer, storing, and processing of your data in and to the United States.
The below set of rules are in addition to the DistrictWare, Inc. Terms of Service.
The e-mail address used for the registration of an account must be under the exclusive control of the person who registered the account. The person owning the e-mail address used to register an account is considered the owner of the account. The owner of an account is fully responsible for all actions taken with the account.
The owner of an account may not transfer or give the password of an account to any person playing on Alliance Warfare. Furthermore, knowingly choosing the same password on the same game server as another person is prohibited. There is no compensation for damages done by someone knowing the password for an account.
3. Account Sitting
It is not allowed to log in and sit an account that does not belong to you. Watching someone's account while that person cannot log into it is prohibited and may result in disciplinary actions.
Insulting other players and the use of language in an insulting / abusive / offensive context is forbidden. Threats and blackmailing of other players are allowed only if the context is entirely ingame. Political extreme, racist, pornographic or otherwise illegal statements are forbidden in the game. Punishments for extreme offences may be implemented on all game aspects.
5. Selling and Buying of accounts
It is not allowed to play accounts for commercial purposes. It is not allowed to sell, buy or offer accounts or parts of accounts in exchange for any financial benefit.
6. Alternate Accounts/Multi-Accounting
The use of alternate accounts is PROHIBITED and will be NOT tolerated. We will investigate any reports of alternate accounts and will suspend or permanently ban violators.
Every player is obligated to report critical bugs immediately by submitting a Support ticket. Using bugs to gain any advantage will lead to account banning or other punishments.
8. Bots & Scripts
The game is to be played with a normal browser only. Bots, browser add-ons and other applications that automate game activities are forbidden. It is not allowed to alter the game interface in any way shape or form. After investigation, a suspicious player found guilty of the above rule will have his account terminated without warning.
9. Punishments & Account Deletion/Banning
DistrictWare, Inc. may suspend, terminate, modify, or delete your Account or rights thereto with or without prior notice to you, at any time, for any violation or suspected violation of the Terms or for any other reason that DistrictWare, Inc. in its sole discretion determines is appropriate.
10. Instigation & Collaboration
Inciting, manipulating, encouraging, assisting or conspiring with others or encourage others to violate any of the rules is not allowed.
11. Changing of Rules
DistrictWare, Inc. reserves the right to change the rules at any time.