Tour of Generals Terms & Conditions of Service (TOS)

1. Your continued use of this web site constitutes your agreement to all such terms, conditions and notices, as they appear in this document. By accessing this website, you agree to be bound by the terms and conditions appearing in this document. If you are found in breech of the terms of this website or the Tour of Generals community forums you will be subject to permanent removal from the game. 2. By using this service you agree not to use rude, inappropriate, threatening, harassing, malicious, defamatory, or obscene comments, messages, player names, or any other such offensive, devious, or deceptive content. Impersonating any of the Tour of Generals staff may result in the player's immediate ban. Moderator harassment will not be tolerated in this game. 3. You understand that you may have multiple player accounts on the same network in Tour of Generals but you agree to play competitively against all players in Tour of Generals and you agree to not take any actions to artificially improve your player records through unfair means. If you are found to be playing dishonest in any way you will be removed from Tour of Generals. 4. While reasonable efforts will be exerted to ensure the site remains free from offensive and illegal content, the site administrator(s) and/or moderator(s) are not responsible for what other people upload to this system. You understand that in this case that Tour of Generals is a not a publisher and is not responsible for such content and information posted by its players. 5. If you come across an exploit in the game please report it to the appropriate administrator(s) and/or moderator(s). If you use the exploit you will be removed from this website. 6. Account deletions and/or modifications can occur at any time by the Tour of Generals administrator(s) and/or moderator(s) at their discretion. Tour of Generals reserves the right to refuse or revoke membership to anyone at any time for any reason. If a creator of a game is deleted from Tour of Generals for any reason their game will be deleted from the system as well. 7. By using this service you agree not to access Tour of Generals with any other programs than web browsers. Such other programs are in particular so called "Bots" as well as other tools that simulate, replace or supplement the web interface. The same applies to scripts and completely or partially automated programs that provide advantages towards other users and auto-refresh-functions and other browser integrated mechanisms. Do not, under any circumstance run scripts of any kind against this website. 8. By using this service you agree not to attempt to access our servers, protected or coded data. Any decompilation or reverse engineering attempt of Tour of Generals is forbidden. You agree to do nothing that interferes with the ability of other Tour of Generals members to enjoy playing the game in accordance with its rules, or that increases our expense or difficulty in maintaining the service. 9. Tour of Generals is still in beta development and as a result game features and everything else may be subject to change at any time. We reserve the right to modify or withdraw, temporarily or permanently, this website (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 Tour of Generals. You will not be eligible for any compensation because you cannot use any part of this website or because of code issues, code changes, website failure, suspension or withdrawal of all or part of this website. 10. All payments made to Tour of Generals are non-refundable, no matter the reason. Once the transfer of ownership of the money has taken place, you are no longer entitled to the money. Sending a payment towards the game does not create an ownership interest in the game or its contents. 11. If a player should voluntarily leave the game, if a user account is deleted or reset by the player him/her self or deleted/banned by administration for ANY REASON (cheating, violating the Tour of Generals terms and conditions, violating official forum guidelines, reaching 100% warning level on the official forums, unstated reasons) or if the game is ever shut down or reset NO REFUNDS for previous payments and NO compensation will be provided to the player or to any re-created user accounts. You understand that you will not be refunded if your account is removed from Tour of Generals even if it has subscription time remaining. Charge-backs on payments are grounds for removal from the game. 12. All intellectual property in the game, all rights and title in and to this website and service (including without limitation any user accounts, in-game purchases and transactions, computer code, themes, stories, dialogue, catch phrases, concepts, logos, images, methods of operation, moral rights, and any related documentation) are privately owned in whole by Kevin Marks, the creator, developer, and administrator of Tour of Generals. 13. Tour of Generals has the right, but not the obligation, to monitor any activity and content associated with this website. 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 this website). 14. Tour of Generals is not liable in any way for server breakdown, faulty programming, code or script errors, etc. The occurrence of any disadvantages for a user resulting from server breakdowns, faulty programming etc. does not entitle the user to claim the recovery of his account's status before the occurrence took place. 15. You are responsible for maintaining a secure password to the site. You are responsible for the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to make efforts to use a complex password with unique characters and numbers and understand the importance of keeping your Tour of Generals password different from all other websites that you visit. You agree to exit from your account at the end of each session using the logout link provided. You alone are fully liable for any loss or damage arising from your failure to comply with these security measures. 16. When you submit information to Tour of Generals, you grant the site and its administrator(s) a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, distribute, transmit, and publicly display such content. You may not attempt to sell or profit from any such content or information via private exchanges without administrative consent. Players are not allowed to sell or give away user accounts. If you are found to be involved in any way in real life private exchanges from Tour of Generals you will be removed from this website. 17. Tour of Generals shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tour of Generals including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 18. By using this site you certify that you are at least thirteen years of age or have your legal guardian’s permission to use this website and/or its forums. Where your country of access imposes laws regulating this web site, you agree to use your best efforts to comply with them. If you participate in Tour of Generals it is up to you to check the laws applicable in your area. We are not liable for any damages caused by the use of Tour of Generals or the official Tour of Generals forums. 19. USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. If you do not agree to these terms and conditions DO NOT use this site. 20. If there is a dispute between participants on this site, Tour of Generals is under no obligation to become involved. In the event that You have a dispute with one or more users, You hereby release, Tour of Generals, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 21. 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 THIS WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THIS WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT. 22. If you and Tour of Generals are unable to resolve a dispute through informal negotiations, either you or Tour of Generals may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. 23. YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THIS WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THIS WEBSITE BY YOU. We will not voluntarily share your personal data with anyone and we will do our best to protect it at all times. You understand that we may occasionally send announcements and other correspondence to the email address that you register in the game. 24. If any part of these 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 effect the validity and enforceability of any of the remaining provisions of the Conditions. 25. We reserve the right to alter, update, and change these terms and conditions from time to time, and your use of this website (or any part of) following such change shall be deemed to be your acceptance of such change. Users will be notified of an update to these terms and conditions when they login to the game. If you do not agree to any change made to these conditions then you must immediately stop using this website.