We reserve the right, at any time, to modify the Site or the Game, with or without notice; charge fees in connection with the use of the Site or the Game; modify or waive any fees charged in connection with the Site or the Game; and offer opportunities to some or all users of the Site or the Game. You agree that we will not be liable to you for any modification of the Site or the Game, in whole or in part, or of any product or service, content, feature, or product offered through the Site or the Game. Your continued use of the Site or the Game after such changes will indicate your acceptance of the changes.
The Site is operated and maintained by Carbon Games from the United States of America, and Carbon Games does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction. You choose to access, view, or use the Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
2. Our Service Generally
We endeavor to provide users of the Site with access to certain specialized content and information relating to our computer games and our products and services. We do not review, screen, edit, or monitor all of the information or content submitted to the Site or make judgments about such information or content. While we attempt to provide useful information and content on the Site, you acknowledge that the information and content we use is reliant upon third-party data and contributions (such as comments made by blog readers and forum users), that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies, and that information on the Site may be outdated or contain errors, omissions, or misinterpretations of information.
The Site and any information, product, or service made available through the Site are provided on an "AS IS, AS AVAILABLE" basis. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SITE BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. Your Registration Obligations
In order to use the Site or certain parts or enhancements to the Site, you may be required to have a user account, either with us or a third party. In this case, you agree to provide accurate information when establishing and updating your user account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your user account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name, or password. In addition, you agree that you will never use another user's account.
We reserve the right, in our sole discretion, to terminate or suspend your account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site or to any product or service available through the Site for any reason or no reason, with or without notice. In the event of termination, your account will be disabled, and you will not have access to your account. You should be aware that, in event that your account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.
4. Your Conduct
By using the Site or any product or service available through the Site, you agree that:
- You will not provide any content or conduct yourself in any way that may be construed, in the sole discretion of Carbon Games, as unlawful, harmful, offensive, threatening, obscene, objectionable, or otherwise intended to interfere with the use or enjoyment of the Site by others, and you will not provide any content or other information through the Site that is false, inaccurate, misleading, or incomplete.
- You will not post any personally identifiable information about any user of the Game, impersonate or misrepresent your association with any person or entity, or forge or otherwise conceal or misrepresent the origin of any content that you provide.
- You will not attempt to aggregate or otherwise collect or harvest any information about any user of the Site, and you will not transmit any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot, or other computer programming routines that are intended to damage, interfere with, intercept, mine, scrape, or expropriate any system, data, or personal information relating to the Site.
- You will not attempt to disable or circumvent any features of the Site that are designed to limit your access to certain information about users of the Site, and you otherwise will not access or attempt to access areas of the Site or Site servers that have not been made available to the public.
- You will not provide, and you will not use the Site to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce, and you will not use the Site to promote or operate any service or commercial enterprise.
- You will not provide any content that may give rise to Carbon Games being held civilly or criminally liable or that may be considered a violation of any law, including without limitation laws relating to copyrights, trademarks, patents, trade secrets, or other proprietary rights.
5. License to Use Your Content and Feedback
In addition, if you provide any request, suggestion, or feedback to us regarding the functionality and performance of the Site, the Game, or any other product or service made available through the Site (including identifying potential errors and improvements), you hereby assign to Carbon Games all right, title, and interest in and to such request, suggestion, or feedback, and Carbon Games will have the right to use, implement, and modify such request, suggestion, or feedback without any payment or restriction. To the extent any of the foregoing rights cannot be assigned to us, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your request, suggestion, and feedback, in whole or in part, in any media now known or developed in the future. This assignment and license will allow us to use your feedback to improve the Site and the Game and maintain our ownership and control of the Site and the Game. IF YOU DO NOT WANT TO ASSIGN OR LICENSE YOUR REQUESTS, SUGGESTIONS, AND FEEDBACK TO US AS DESCRIBED IN THIS PARAGRAPH, DO NOT PROVIDE US WITH ANY REQUEST, SUGGESTION, OR FEEDBACK.
You represent and warrant that you have all legal, moral and other rights that may be necessary to grant us the license described in the preceding paragraph. You agree that you will not make any claims against us based on any allegations that any activities or alleged omissions within the Site, whether or not by or condoned by us, infringe any intellectual property rights associated with your content. You acknowledge and agree that we have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Site at any time and for any reason, with or without notice.
6. Payment for the Game
The Game generally is free to play. However, we reserve the right to charge fees to use the Game. We offer add-ons, enhancements, premium services, and other merchandise in connection with the Game, and we charge fees for these items. Your purchase of merchandise may be subject to other terms of sale, which will be described to you before you make your purchase.
If you register for a product or service that requires the payment of fees by you, the fees will be paid by you by credit card through a third-party service provider (such as Google, Amazon, or PayPal) upon your registration for such product or service. When you provide credit card information to a third-party service provider, you represent that you are the authorized user of the credit card and that you authorize the charges to your credit card for any purchased items. ALL FEES FOR OUR PRODUCTS AND SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone else that uses your account, including your family or friends. If your account or a particular subscription is terminated or canceled, no refund will be granted.
7. Links to Other Sites and Third-party Services
The Site contains links to third-party sites. These links are provided as a convenience to you and not as an endorsement by us of the contents of the third-party sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, YOU DO SO AT YOUR OWN RISK.
In addition, the products and services of third parties may be made available through the Site or the Game. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
8. Intellectual Property Rights
You acknowledge that we either own or have a license to use the Site and all related intellectual property rights. CARBON GAMES, AIRMECH, and other trademarks and service marks and the graphics, logos, designs, page headers, button icons, scripts, trade names, service names, and domain names that appear on the Site or in the Game are trademarks, service marks, or trade dress of Carbon Games or are by licensed by Carbon Games. In order to protect our brand, our trademarks, service marks, and trade dress may not be used or linked to without our explicit written permission.
9. Notice to Copyright Holders
We are committed to upholding the rights of copyright holders. If you are a copyright holder, or an agent of a copyright holder, and you believe that any posting, submission or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act by providing the following information to our copyright agent:
- A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.
- Specific identification of the material claimed to have been infringed.
- Specific identification of the material that is claimed to be infringing.
- A statement that you believe the use of material, in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.
- A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.
- Contact information, such as a street address, telephone number and an email address, so that we can contact you.
Such information must be sent to our copyright agent by email at firstname.lastname@example.org.
12. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARBON GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) CARBON GAMES DOES NOT WARRANT THAT (i) THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA, OR OTHER INFORMATION PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERROR IN THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL BE CORRECTED.
(c) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE.
13. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CARBON GAMES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CARBON GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise and OnGuard Online. We do not endorse any of the products or services listed at these websites.
15. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You also may contact us by writing to Carbon Games Inc., PO BOX 272, Bellevue, WA 98009. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. Choice of Law; Jurisdiction; Forum
17. Miscellaneous Provisions
18. Entire Agreement