Terms and Conditions of Use
By signing up or otherwise using the Missile Wars service ("App") you are entering into a binding contract with Across the Pond ("Publisher").
Your agreement with Publisher includes these Terms and Conditions of Use ("Terms"). If you wish to review the Terms, the effective version can be found on Publisher's website.
You acknowledge that you have read and understood the Terms, accept these Terms, and agree to be bound by them. If you do not agree with (or cannot comply with) the Terms, then you may not use the App.
The App is only available to individuals aged 12 years or older. If you are 12 or older but under the age of 18, you should review this agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.
DURING GAMEPLAY, PLEASE BE AWARE OF YOUR SURROUNDINGS AND PLAY SAFELY.
You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the App.
You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation.
Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
To the extent permitted by applicable law, Publisher disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our App, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability.
Further, in the event that you have a dispute with one or more other users of the App, you release Publisher (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Although we're not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the App, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any conduct to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, and suggestions for improvements to the App. You can submit feedback through the App or by reaching out to us on Facebook, or Twitter. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
DISCLAIMER OF WARRANTIES
Your use of the App is at your own risk. To the extent permitted by applicable law, the App is provided "as is," without warranty of any kind. Without limiting the foregoing, publisher explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Publisher makes no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You will indemnify and hold harmless Publisher and its respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the App, (b) or your violation of these Terms.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, neither Publisher nor any other party involved in creating, producing, or delivering the App will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data, or goodwill, service interruption, computer damage, or system failure or the cost of substitute services, arising out of or in connection with these Terms, or from the use of or inability to use the App, or from any communications, interactions, or meetings with other users of the App or persons with whom you communicate or interact as a result of your use of the App, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Publisher has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to its conflict of laws provisions.
CHANGES TO TERMS
We may modify these Terms at any time. If we do so, we'll let you know either by posting the modified Terms on the App or through other communications. It's important that you review the Terms whenever we modify them, because if you continue to use the App after we have posted modified Terms on the App or Publisher's website, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the App anymore. Because our App evolves over time, we may change or discontinue all or any part of the App at any time and without notice.
Publisher's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Publisher. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Last Updated: March 9, 2018