General Terms of Service and Conditions; Acceptance
Originally Published by Inde
1. GENERAL TERMS OF SERVICE AND CONDITIONS; ACCEPTANCE
These Terms of Service (“TOS”) apply to websites and interactive services owned or operated by the MMOGuru.com Network and its subsidiaries which include, but are not limited to, COHGuru.com, DNDOGuru.com, EQ2Guru.com, GuildWarsGuru.com, L2Guru.com, VanguardGuru.com, WoWGuru.com, and MMOGuru.com. The TOS applies to each visitor to and user of the Services, including unregistered and registered users. By visiting or using the Services you are agreeing to abide by the TOS. In these terms and conditions "We/us/our/" means the parent company of MMOGuru.com Network and its subsidiaries, "Web Sites" means the associated Web Sites and micro sites located within the above mentioned MMOGuru.com Network and "You/your" means you as a user of these Web Sites.
This is an Agreement between you and the MMOGuru.com Network, and governs your use of the web sites and the content, information, and Services provided. Each time you use the Web Sites you signify that you have read the terms, conditions and notices in the Web Site Terms of Use ("Agreement") and you agree to accept them, without limitation or qualification, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
By accessing these Web Sites, you agree to be bound by the terms and conditions appearing in this document and you accept our Privacy Policy which is available here. If there is anything you do not understand please email any enquiry to webmaster@guildwarsguru.com.
We have the right, but not the obligation, to monitor any activity and content associated with the Web Sites. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Web Sites).
2. CHANGES TO THIS AGREEMENT
MMOGuru.com Network may change the TOS at any time and the changes will become effective 15 days after posting the revised TOS (the “Effective Date”).We reserve the right to modify or withdraw, temporarily or permanently, the Web Sites (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Sites.
We may alter these terms and conditions from time to time, and your use of the Web Sites (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Web Sites.
The Web Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Web Sites or because of a failure, suspension or withdrawal of all or part of the Web Sites. We make no representation that the text, photographs, graphics, software, video, and audio content (collectively the "Content") found in the Web Sites is appropriate or available for use in other locations. Access to the Web Sites from territories where the Content is illegal is prohibited.
You shall not use the Web Sites for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Web Sites in a way that may cause them to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Sites are in any way impaired;
3. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Not to attempt any unauthorized access to any part or component of the Web Sites; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Web Sites, then you will pursue such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEB SITES, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEB SITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party Web Sites, including (without limitation) any advertising, products or other materials or services on or available from such Web Sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Sites shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Web Sites is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Sites is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You acknowledge and agree not to post / link to pornography, warez, offensive content (i.e, discriminatory, racist, and sexist content ), sexually explicit material on this website or anything that is considered illegal by the laws of the United States and Territories.
You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).
You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.
Alternate account(s) is not in itself a bannable offense, but highly discouraged. Using an alternate account for an artificial purpose (i.e., shill bidding, bumping posts, artificial endorsement(s), circumventing temporary and permanent bans, etc.) will not be tolerated and users will be subject to a temporary or permanent ban from the website, which is the sole discretion of the site administration.
Without express written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
4. USER NAMES AND PASSWORDS
We may at our sole discretion refuse to grant you a user name or password or any particular user name or password you may request. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Web Site is Copyright, GuildWarsGuru.com. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEB SITES. THE WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEB SITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEB SITES OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITES WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEB SITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEB SITES AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEB SITES BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEB SITES OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Web Sites through a third party's hypertext link.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions. You agree to the terms of our privacy policy which is available here.
Updated August 1, 2006
These Terms of Service (“TOS”) apply to websites and interactive services owned or operated by the MMOGuru.com Network and its subsidiaries which include, but are not limited to, COHGuru.com, DNDOGuru.com, EQ2Guru.com, GuildWarsGuru.com, L2Guru.com, VanguardGuru.com, WoWGuru.com, and MMOGuru.com. The TOS applies to each visitor to and user of the Services, including unregistered and registered users. By visiting or using the Services you are agreeing to abide by the TOS. In these terms and conditions "We/us/our/" means the parent company of MMOGuru.com Network and its subsidiaries, "Web Sites" means the associated Web Sites and micro sites located within the above mentioned MMOGuru.com Network and "You/your" means you as a user of these Web Sites.
This is an Agreement between you and the MMOGuru.com Network, and governs your use of the web sites and the content, information, and Services provided. Each time you use the Web Sites you signify that you have read the terms, conditions and notices in the Web Site Terms of Use ("Agreement") and you agree to accept them, without limitation or qualification, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
By accessing these Web Sites, you agree to be bound by the terms and conditions appearing in this document and you accept our Privacy Policy which is available here. If there is anything you do not understand please email any enquiry to webmaster@guildwarsguru.com.
We have the right, but not the obligation, to monitor any activity and content associated with the Web Sites. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Web Sites).
2. CHANGES TO THIS AGREEMENT
MMOGuru.com Network may change the TOS at any time and the changes will become effective 15 days after posting the revised TOS (the “Effective Date”).We reserve the right to modify or withdraw, temporarily or permanently, the Web Sites (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Sites.
We may alter these terms and conditions from time to time, and your use of the Web Sites (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Web Sites.
The Web Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Web Sites or because of a failure, suspension or withdrawal of all or part of the Web Sites. We make no representation that the text, photographs, graphics, software, video, and audio content (collectively the "Content") found in the Web Sites is appropriate or available for use in other locations. Access to the Web Sites from territories where the Content is illegal is prohibited.
You shall not use the Web Sites for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Web Sites in a way that may cause them to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Sites are in any way impaired;
3. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Not to attempt any unauthorized access to any part or component of the Web Sites; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Web Sites, then you will pursue such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEB SITES, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEB SITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party Web Sites, including (without limitation) any advertising, products or other materials or services on or available from such Web Sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Sites shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Web Sites is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Sites is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You acknowledge and agree not to post / link to pornography, warez, offensive content (i.e, discriminatory, racist, and sexist content ), sexually explicit material on this website or anything that is considered illegal by the laws of the United States and Territories.
You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).
You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.
Alternate account(s) is not in itself a bannable offense, but highly discouraged. Using an alternate account for an artificial purpose (i.e., shill bidding, bumping posts, artificial endorsement(s), circumventing temporary and permanent bans, etc.) will not be tolerated and users will be subject to a temporary or permanent ban from the website, which is the sole discretion of the site administration.
Without express written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
4. USER NAMES AND PASSWORDS
We may at our sole discretion refuse to grant you a user name or password or any particular user name or password you may request. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Web Site is Copyright, GuildWarsGuru.com. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEB SITES. THE WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEB SITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEB SITES OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITES WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEB SITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEB SITES AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEB SITES BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEB SITES OR PRODUCTS OR SERVICES OFFERED ON THE WEB SITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Web Sites through a third party's hypertext link.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions. You agree to the terms of our privacy policy which is available here.
You may send us notices under or in connection with these Conditions by email to webmaster@guildwarsguru.com. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which should be retained by you.
Updated August 1, 2006
MMO Guru Network
