1.1 These Terms of Service govern your use of and access to any page, site, or content available on “fracturedmmo.com” (herein referred to as “Website”), which is owned by Dynamight Studios (herein referred to as “Company”); by using this Website, you accept these Terms of Service in full and without reservation. If you disagree with these Terms of Service or any part of these Terms of Service, you must immediately stop using this Website.
2.1 To utilize part of the functionalities of this Website, you may be required to create an Account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. Dynamight Studios may at any time suspend or terminate your Account in accordance with Section 5 of these Terms of Service.
2.2 You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Dynamight Studios of any unauthorized use, or suspected unauthorized use of your Account. Dynamight Studios cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. License to use Website
3.1 Subject to these Terms of Service, Dynamight Studios grants you a non-transferable, non-exclusive, revocable, limited license to access this Website solely for your own personal, noncommercial use.
3.2 Unless otherwise stated, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in this Website and its content are owned by Dynamight Studios and/or its licensors, licensees, any other person so designated by Dynamight Studios. Note that these Terms of Service and access to this Website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 3.1. Dynamight Studios and its suppliers reserve all rights not granted in these Terms of Service.
4. User Content
4.1 In these Terms of Service, “your User Content” means any material that you submit to this Website, for whatever purpose. Your User Content includes your account personas; usernames; public and private forum posts, chat messages, customer support messages and any other form of communication; images, sounds, videos and any other type of digital content; feedback, suggestions, ideas, notes, lore, or concepts related to the game “Fractured”.
4.2 You grant to Dynamight Studios, and its licensors, licensees, any other person so designated by Dynamight Studios a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Dynamight Studios the right to sub-license these rights, and the right to bring an action for infringement of these rights.
5. Acceptable Use Policy
5.1 You agree not to use this Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.2 In addition, you agree not to: (i) upload, transmit, or distribute to or through this Website any software intended to damage or alter a computer system or data; (ii) send through this Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use this Website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to this Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to this Website, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of this Website; or (vi) use software or automated agents or scripts to produce multiple accounts on this Website, or to generate automated searches, requests, or queries to this Website.
5.3 Dynamight Studios reserves the right to review any User Content, and to investigate and/or take appropriate action against you in its sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Dynamight Studios or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 5 of these Terms of Service, and/or reporting you to law enforcement authorities.
5.4 You agree to indemnify and hold Dynamight Studios and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (i) your use of this Website, (ii) your violation of these Terms of Service, (iii) your violation of applicable laws or regulations or (iv) your User Content. Dynamight Studios reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Dynamight Studios, and you agree to cooperate with Dynamight Studios’ defense of these claims. You agree not to settle any matter without the prior written consent of Dynamight Studios. Dynamight Studios will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third-Party Links
6.1 This Website may contain links to third-party websites and services. Such Third-Party Links are not under the control of Dynamight Studios, and Dynamight Studios is not responsible for any Third-Party Links. Dynamight Studios provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.
6.2 You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
7. Other Users
7.1 Each user of this Website is solely responsible for any and all of its own User Content. Because Dynamight Studios does not control User Content, you acknowledge and agree that Dynamight Studios is not responsible for any User Content, whether provided by you or by others. You agree that Dynamight Studios will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of this Website, Dynamight Studios is under no obligation to become involved.
7.2 You hereby release and forever discharge the Dynamight Studios and its officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, this Website.
8. Pledge Packs
8.1 This Section of these Terms of Service applies insofar as this Website allows you to purchase virtual items (herein referred to as “Pledge Packs”) to support the development of an online game presently named Fractured (herein referred to as “Game”).
8.2 The purchase of a Pledge Pack takes place through a third-party payment gateway (herein referred to as “Gateway”). In order to acquire the Pledge Pack, you need to choose a method of payment within the Gateway and complete the payment process detailed by the Gateway. The correct functioning and conclusion of the payment process is sole responsibility of the Gateway and in no way Dynamight Studios shall be held responsible if you are unable to complete your payment.
8.3 Your order for any Pledge Pack represents an offer to Dynamight Studios to purchase that Pledge Pack. The acceptance of such offer and its subsequent completion shall only occur once Dynamight Studios makes the Pledge Pack available to you or takes your payment, prior to which Dynamight Studios may decline your order for any reason.
8.4 You are entitled to cancel the purchase of a Pledge Pack within 14 days since it's been completed,
and to receive a full refund. To exercise this right, you must inform
Dynamight Studios S.r.l.
Via Monviso 11
20010 Bareggio, MI
of your decision to cancel your purchase by an unequivocal statement through a letter sent by post or e-mail. You may use the following model form, but it is not mandatory.
I hereby give notice that I withdraw from my contract for the following purchase: [ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
8.5 You understand and agree that you do not own the Pledge Packs you purchased, and that the number and types of virtual items they include may be changed at any given time by the sole discretion of Dynamight Studios. You only have a license to use the Pledge Packs, subject to your compliance with these Terms of Service.
8.6 You understand and agree that Pledge Packs have no cash or redemption value and your license to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, suspended or terminated for any reason laid out in these Terms of Service. Dynamight Studios shall have no obligation to make any refund or otherwise compensate you in any amount under such circumstances unless expressly indicated otherwise.
8.7 You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Pledge Packs or your account without the prior written permission of Dynamight Studios. You shall not access or use any account or Pledge Packs which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
9. Disclaimer of Warranties and Limitation of Liability
9.1 The site is provided on an “as-is” and “as available” basis, and Dynamight Studios and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Dynamight Studios makes not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
9.2 To the maximum extent permitted by law, in no event shall Dynamight Studios or its suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms of Service or your use of, or incapability to use the site even if Dynamight Studios has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
10. Term and Termination
10.1 Subject to this Section, these Terms of Service will remain in full force and effect while you use this Website. Dynamight Studios may suspend or terminate your rights to use this Website and/or your Account at any time for any reason at its sole discretion, including for any use of this Website in violation of these Terms of Service. Upon termination of your rights under these Terms of Service, your Account and right to access and use this Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from Dynamight Studios’ servers and databases. Dynamight Studios will not have any liability whatsoever to you for any termination of your rights under these Terms of Service.
11. Final Clauses
11.2 The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms of Service is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.3 These Terms of Service, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dynamight Studios’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.4 These Terms of Service may be altered or amended over time. If substantial changes are made, you will be notified in an appropriate manner, either through an e-mail sent to the last e-mail address you provided to Dynamight Studios and/or by posting notice of the changes on this Website. You are responsible for providing Dynamight Studios with your most current e-mail address. In the event that the last e-mail address that you have provided to Dynamight Studios is not valid, the dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of this Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12. Law and Jurisdiction
12.1 These Terms of Service will be governed by and construed in accordance with the laws of the Italian Republic, without regard to principles of conflict of laws. Any disputes relating to these Terms of Service or your use of this Website will be subject to the exclusive jurisdiction of the courts of the Italian Republic.
12.2 In the event that the User takes legal action, suit must be filed before an Italian court. If the user has his place of residence or habitual place of abode outside the Italian Republic, the registered office of Dynamight Studios shall be the place of jurisdiction. This also applies if the user's place of residence or habitual place of abode is unknown at the time such legal action is instigated.