1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The 3dayz Service (Service) is provided to you under the terms and conditions of this 3dayz Terms of Service (3dTS) and any operating rules or policies that may be published by 3dayz. The 3dTS comprises the entire agreement between You and 3dayz and supersedes all prior agreements between the parties regarding the subject matter contained herein. The 3dTS may be updated by us from time to time without notice to you. You can review the most current version of the 3dTS at any time at: http://www.3dayz.com/terms-of-service. By using our services or interacting with our Service, you are indicating your agreement to be bound by all of the terms and conditions of the 3dTS.
2. DESCRIPTION OF SERVICE
You understand and agree that the Service may include advertisements and that these advertisements are necessary for 3dayz to provide the Service. You also understand and agree that the service may include certain communications from 3dayz, such as service announcements and administrative messages, and that these communications are considered part of the Service of 3dayz and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 3dayz properties, shall be subject to the 3dTS. You understand and agree that the Service is provided "AS-IS" and that 3dayz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR SUBMITTING OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 3dayz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3dayz has the right to refuse any and all current or future use of the Service (or any portion thereof).
Furthermore, you understand and agree that:
3dayz is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside.
7. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
3dayz does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant 3dayz the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting 3dayz Services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time 3dayz removes such Content from the Service.
You agree to indemnify and hold 3dayz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit or make available through the Service, your use of the Service, your connection to the Service, your violation of the 3dTS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You understand it is a breach of the 3dTS to send commercial bulk email, also known as spam, containing a 3dayz e-mail address as the "From" or "Reply-To" address. As compensation for such a breach of contract, user agrees to pay 3dayz US $10,000 each day user sends commercial bulk e-mail, containing a 3dayz E-MAIL address as the "From" or "Reply-To" address. 3dayz email addresses include any email address ending in @3dayz.com, @3dayz.org, @3dayz.info, @3dayz.net, @3dayz.eu, @3dayz.mobi, @threedayz.com, @threedayz.org, @threedayz.info, @threedayz.net, @threedayz.eu, @threedayz.mobi. Commercial use of the Service that is compliant with this 3dTS is permitted.
10. MODIFICATIONS TO SERVICE
3dayz may change the terms and conditions of the 3dTS and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof). You can review the most current version of the 3dTS at any time at: http://www.3dayz.com/terms-of-service. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by You of the 3dTS and its modifications; and (2) agreement by You to abide and be bound by the 3dTS and its modifications; and (3) You agree that 3dayz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that 3dayz may, under certain circumstances and without prior notice, immediately terminate access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the 3dTS or other incorporated agreements or guidelines, (b) discontinuance or material modification to the Service (or any part thereof) and c) unexpected technical or security issues or problems. Should You object to any terms and conditions of the 3dTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 3dayz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 3dayz has no control over such sites and resources, you acknowledge and agree that 3dayz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 3dayz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. 3DAYZ'S PROPRIETARY RIGHTS
You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 3dayz or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by 3dayz for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. 3DAYZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ii. 3DAYZ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3DAYZ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE 3DTS.
v. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3DAYZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3DAYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. However, 3dayz reserves the right to modify or discontinue the Service with or without notice to You. The Service may also provide notices of changes to the 3dTS or other matters by displaying notices or links to notices to you generally on the Service.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this 3dTS, there shall be no third party beneficiaries to this Agreement.
19. COPYRIGHT COMPLAINTS
If you believe that any content or material on the site infringes any copyright owned or controlled by you, please send written notice to 3dayz using the contact form. Your notice must be in writing and include the following information:
This information is neither intended nor should not be construed as legal advice.
20. GENERAL INFORMATION
Entire Agreement. The 3dTS constitute the entire agreement between you and 3dayz and govern your use of the Service, superceding any prior agreements between you and 3dayz. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 3dayz services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of3dayz to exercise or enforce any right or provision of the 3dTS shall not constitute a waiver of such right or provision. If any provision of the 3dTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the 3dTS remain in full force and effect.
The section titles in the 3dTS are for convenience only and have no legal or contractual effect.