Miner Wars - Terms Of Use

Please read these Terms Of Use carefully before using this site.
Date of Last Revision: December 13th, 2011

About the terms

Access to and use of this site ('MinerWars.com') is provided by the Keen Software House a. s. on the following terms:

By using MinerWars.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of MinerWars.com. If you do not agree to be legally bound by all the following terms please do not access and/or use MinerWars.com.
The Keen Software House a. s. may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the Keen Software House a. s. Your continued use of MinerWars.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of MinerWars.com

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use MinerWars.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any MinerWars.com content except for your own personal, non-commercial use. Any other use of MinerWars.com content requires the prior written permission of the Keen Software House a. s. If you would like to request permission to use any of the content on your sites, please review our copyright notice. Only exception to these rules is when you use images, pictures, videos or texts for advertisements/reviewing of Miner Wars game or MinerWars.com site. In this case you may use such content for commercial or non-commercial use, but you agree not to sell, rent or resell any portion of the content, and do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein. This exception doesn't apply to Miner Wars game executable or installation files.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews and services offered by parties other than MinerWars.com. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in forum.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms Of Use or that is otherwise objectionable.

You agree to use MinerWars.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of MinerWars.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within MinerWars.com.

Intellectual Property

The names, images and logos identifying the MinerWars.com, Keen Software House a. s. or third parties and their products and services are subject to copyright, design rights and trade marks of the Keen Software House a. s. and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of the Keen Software House a. s. or any other third party.

Contributions to MinerWars.com

By sharing any contribution (including any text, photographs, graphics, video or audio) with the Keen Software House a. s. you agree, by submitting your contribution, to grant the Keen Software House a. s. a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the MinerWars.com Privacy Policy. If you do not want to grant to the Keen Software House a. s. the rights set out above, please do not submit your contribution to MinerWars.com.

Further, by submitting your contribution to MinerWars.com, you:

warrant that your contribution:
- is your own original work and that you have the right to make it available to the Keen Software House a. s. for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
indemnify the Keen Software House a. s. against all legal fees, damages and other expenses that may be incurred by the Keen Software House a. s. as a result of your breach of the above warranty; and
waive any moral rights in your contribution for the purposes of its submission to and publication on MinerWars.com and the purposes specified above.

MinerWars.com forum

In order to participate in and contribute to selected MinerWars.com forum you may be required to register with MinerWars.com. Any personal information supplied to MinerWars.com as part of this registration process and/or any other interaction with MinerWars.com will be collected, stored and used in accordance with the MinerWars.com Privacy Policy.

You agree to use MinerWars.com forum in accordance with the following Forum Rules. These apply across all MinerWars.com community sites and services.

About your posts:

Contributions must be civil and tasteful.
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
Be patient: users of all ages and abilities may be taking part in the relevant MinerWars.com community.
No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
No advertising or promoting.
No impersonation.
No inappropriate (e.g. vulgar, offensive etc) user names.
URLs (web site addresses) can only be posted if in accordance with this Terms Of Use.
Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.

Your MinerWars.com Account:

If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

Accounts may be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

The Keen Software House a. s. reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple MinerWars.com accounts, or disrupts any of our services in any way.

Account is used for access to certain parts of this site and Miner Wars game too.

Safety:

We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any Keen Software House a. s. community.

Legal requirements:

You may not submit or share any defamatory or illegal material of any nature in MinerWars.com forum. This includes text, graphics, video, programs or audio.
Contributing material to a MinerWars.com forum with the intention of committing or promoting an illegal act is strictly prohibited.
You agree to submit to or share with MinerWars.com communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of the Keen Software House a. s. or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

If you're under age 16:

Please get a parent's or guardian's permission before taking part in any MinerWars.com community.
Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).

If you breach these Forum Rules:

If you fail to abide by these Forum Rules when taking part in a MinerWars.com forum, you will be sent an email which informs you why your contribution has been refused or edited (only if your email address is known to Keen Software House a. s.). This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of MinerWars.com community areas.

If you submit or share offensive or inappropriate content to or with any MinerWars.com communities or anywhere else on MinerWars.com or otherwise engage in any disruptive behaviour on MinerWars.com, and the Keen Software House a. s. considers such behaviour to be serious and/or repeated, the Keen Software House a. s. may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).

The Keen Software House a. s. reserves the right to delete any contribution, or take action against any MinerWars.com account, at any time, for any reason.

Disclaimers and Limitation of Liability

While Keen Software House a. s. tries hard to ensure that MinerWars.com is functioning correctly and is as accurate as possible, this will not always be achievable and therefore the following disclaimer applies.

MinerWars.com content, including the information, names, images, pictures, logos and icons regarding or relating to the Keen Software House a. s., its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made.

Keen Software House a. s. does not guarantee or represent that the content and/or facilities available or accessible via these websites will always be accurate, complete or current or that access to the websites will be uninterrupted.

Keen Software House a. s. expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use these websites, whether directly or indirectly resulting from inaccuracies, defects, viruses, errors - whether typographical or otherwise, omissions, out of date information or otherwise.

Accessing these websites and the downloading of material from them is done entirely at the user's own risk. The user, and not Keen Software House a. s., will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if Keen Software House a. s. has been advised of the possibility of such damage.

Keen Software House a. s. makes no representations whatsoever about any third party websites which you may access. When you access a third party website via this website, please understand that it is independent from Keen Software House a. s., and that Keen Software House a. s. has no control over the content on that website. In addition, a link from this website to a third party website does not mean that we endorse or accept responsibility for the content, the privacy practices, or the use of such website. It is up to you to take precautions to ensure that whatever you access is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our sites for any reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of our sites.

General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of the Keen Software House a. s. to exercise or enforce any right in these terms does not waive the Keen Software House a. s.'s right to enforce that right.

These terms shall be governed by and interpreted in accordance with the laws of the European Union.

Refund Policy

All sales are final, purchases are non-refundable.

We encourage our customers to try the free demo prior to purchase (to see if the game runs at optimal performance and if there are no technical difficulties)

Privacy Policy

All of the information that we collect from you is subject to our privacy policy. Please click here to see our full privacy policy.

Miner Wars Frontline Developer

Keen Software House reserves the right to terminate or amend Miner Wars Frontline Developer program at any moment for any reason, for specific affiliate partner or whole affiliate program.
By submitting any content (ie. 3D models, textures, concept art / artworks, music, sound, stories, levels, sectors, prefab containers, and other), the Author agrees to the following terms:

Keen Software House a.s. is copyright owner of the Miner Wars™ video games.
The Author warrants that his/her contribution is an original work and that he/she has the full power to make this grant, and that the Work contains no matter libelous or otherwise unlawful or which invades the right to privacy or infringes any proprietary right.
In consideration of the submitted content, the Author(s) grants to Keen Software House a.s. or its successors all rights (including the right to display, perform, compile, build, print, publish, distribute and use the submitted content) and make derivate works of the submitted content in any current or future product (e.g. video games, web sites, movies, books, TV series, ...) in the European Union and all foreign countries.
Content submission is done out of Author's free will and decision and without any financial (or other) claims. The Author is not eligible for any payment or profit share from Keen Software House a.s.

Affiliate Program Terms & Conditions

Affiliate Partner = you
By using Miner Wars Affiliate Program you agree to these Terms of Use
Keen Software House a. s. reserves the right to terminate or amend Affiliate Program at any moment for any reason, for specific affiliate partner or whole affiliate program. If the Affiliate does not accept the changes, Affiliate must immediately cease to use the service.
After termination, lifetime revenue sharing is ceased and all pending commission payments are canceled.
Lifetime commissions – you earn commissions for all current and future sales made by a customer who came to our web site through your affiliate link. Keen Software House a.s. reserves the right to cancel the lifetime commissions.
Minimum commission payment is 20 USD (This is done to ensure that the program registration is not simply an attempt to obtain a discount on a personal purchase and to decrease our administrative costs for payment processing).
Commissions will be paid only on valid sales. Commissions can be paid as early as 30 days after the purchase (to validate whether the sale is valid and was not cancelled); sales that are later refunded to the customer or charged back by the customer will not generate a commission payment for the Affiliate. Necessary adjustments will be made to following commission payments.
Affiliate Commissions are valid only in case of product purchase (paid via PayPal, MoneyBookers) through Keen Software House a.s. official website www.minerwars.com. We do not offer affiliate commissions if the customer buys the product through any of the distributor’s websites (ie. GamersGate, Impulse etc.).
Keen Software House a. s. reserves the right to regulate the marketing of its products, services and brand name. NO AFFILIATE WILL EVER USE SPAM, SPYWARE, SCUMWARE, COOKIE HIJACKING, OR ANY OTHER MARKETING PRACTICE Keen Software House a. s. CONSIDERS DUBIOUS TO MARKET STANDARD LEGAL OR ITS PRODUCTS. Keen Software House a. s. retains full rights to immediately require the discontinuation of said practices at its own discretion on a case-by-case basis, and to immediately cancel an Affiliate account should it see fit.
Affiliate may place affiliate link only on his web site or web sites where owners agrees with it.
Commission rate: 25% or agree rate on all valid sales
The Affiliate hereby undertakes to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive 2002/58/EC.
If the Affiliate is a natural person he must be at least 18 years of age. If the Affiliate has not reached the age of 18 a parent must give his consent to the registration to Keen Software House’s Affiliate Program and the registration of an Affiliate below the age of 18 without parental consent will be ineffective.
Payment to the Affiliate will be made direct to the Affiliate's PayPal account. The Affiliate must specify his PayPal account at each “affiliate commission request”.
Affiliate will receive payment by Keen Software House 1-3 days after the “commission request”.
The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him by Keen Software House a. s.
The Affiliate warrants either that the rights to all information and productions on the Affiliate’s website belong to the Affiliate or that the owner of the rights to the information and productions on the Affiliate’s website has given his explicit permission to their publication there. The Affiliate also warrants that the information and productions on the Affiliate’s website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are not offensive, prohibited or questionable in any way.
The Affiliate must not in any way generate or contribute to generating Artificial or Fraudulent Traffic to Keen Software House’s Websites.
The Affiliate must notify Keen Software House immediately of any known or suspected improper or wrongful use of the Affiliate’s links to Keen Software House’s website and/or an Affiliate Program or of Keen Software House’s service in any way whatsoever.
The Affiliate therefore agrees to "self-billing", which means that Keen Software House will create the (credit) invoice on behalf of the Affiliate.
Commissions are calculated from final sale price (payment amount received from the customer).
Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between Keen Software House and the Affiliate.
Keen Software House cannot guarantee or warrant the performance of Keen Software House 's services or the links to any linked websites.
Keen Software House shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement unless caused directly by the negligence of Keen Software House in providing its service. Keen Software House shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
Keen Software House will not be liable for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in Keen Software House's service or for any damage caused by viruses or components to the service, the Affiliate software and/or the Affiliate's website. Keen Software House shall not be liable for any error in the implementation of the links on the Affiliate's website or for the specified function of the links.
The Affiliate must cease to use the service immediately upon the termination of this Agreement by deleting all active campaigns of the Affiliates Program and inform Keen Software House by email.
Indemnity - The Affiliate shall keep Keen Software House indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to Keen Software House by the Affiliate.
Assignment of the Agreement - The Affiliate may not assign or pledge his rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of Keen Software House.
Consent - The Affiliate consents to the publication of the Affiliate's name and web address etc. at Keen Software House's websites and to Keen Software House sending newsletters etc. to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes.
Severability - If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
Intellectual Property Rights - Keen Software House owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service.
Applicable Law - Keen Software House shall not be liable for the legality of Keen Software House's service in countries other than Czech Republic. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to Keen Software House's service from a country other than Czech Republic or if the Affiliate's website is on a server in a country other than Czech Republic.
This Agreement shall be governed by, and construed in accordance with the laws of Czech Republic.
The affiliate agrees to restrain from disclosing information regarding the sales and affiliate profit shares to 3rd parties. All communication regarding Affiliate Program between Keen Software House a.s. and the affiliate is considered confidential.. Keen Software House a.s. may display statistics of an affiliate partner on a web site or at any other place, individual or aggregate.