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Terms and Conditions
All users agree to the following terms and conditions when visiting the website.
General
This agreement governs your use of the zombiescourge.com website and Facebook Application 'zombiescourge', hereafter collectively known as 'the site'.
Black Halo Games reserve the right, at the company's discretion, to change or modify all or any part of this agreement at any time, effective immediately upon notice published on the site. Your continued use of the site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Black Halo Games as permitted above. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of the site.
Use of Content
You acknowledge that the site contains information, software and images that are protected by copyright, trademark or other proprietary rights of Black Halo Games. All content on the site is copyrighted as a collective work of Black Halo Games pursuant to applicable copyright law. Users of the site may use the content only for their personal, non-commercial use.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this agreement. Subject to the provisions of this agreement, you may post on the site any content owned by you (such as your original statements), subject to approval from the owner. You assume all right and responsibility for determining whether any content you post is in the public domain. You grant to Black Halo Games the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the site, without compensation to you. You represent and warrant that you are authorised to grant all rights set forth in this paragraph.
You may download or copy the content only for your own personal use, provided that you maintain and include all copyright and other notices contained in such content. You shall not store electronically any significant portion of any content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Black Halo Games or the owners of the content if other than Black Halo Games. You may download from the site any content in the public domain for your own, personal use or for non-commercial distribution.
Users
As a user of the site, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account whether authorised or not authorised. You agree to notify staff of Black Halo Games of any unauthorised use of your account or any other breach of security known or should be known to you. Your right to use the site is personal to you. You agree not to resell or make any commercial use of the site without the express written consent of Black Halo Games. You represent that you are 13 years old or older, and, if you are between the ages of 13 and 18, you represent that your legal guardian has read and agreed to the terms of this agreement.
You only have a right to use the site if you are at least 18 years of age at the time you register. By registering to use the site, you guarantee that you have reached the age of 18.
Rules of Conduct
You shall not post on the site any content which is libellous, defamatory, obscene, pornographic, abusive, harrassing or threatening, or which contains viruses, worms, trojan horses or other contaminating or destructive features, or which violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret, or which violates any right of privacy or publicity, or which otherwise violates any applicable law or reputation. You may not post to the site any links to any external internet sites that are obscene or pornographic. You shall not use the site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services, except through the use of the paid advertising service offered.
Managing Content
The site may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Black Halo Games and/or to or via the site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any material you transmit to Black Halo Games will be treated as non-confidential and non-proprietary.
You agree that your content is wholly original to you and you exclusively own the rights to your content, including the right to grant all of the rights and licenses in this agreement without Black Halo Games incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to Black Halo Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
Black Halo Games has no obligation to monitor or enforce any intellectual property rights that may be associated with your content, but Black Halo Games does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Black Halo Games has no obligation to accept, display, review, monitor, or maintain any content. We have the right to delete content from the site without notice for any reason at any time. Black Halo Games may move, re-format, edit, alter, distort, remove or refuse to exploit content without notice to you and without liability; provided, however, that Black Halo Games reserves the right to treat content as content stored at the direction of users for which Black Halo Games will not exercise editorial control except to enforce the rights of third parties when violations are brought to Black Halo Games's attention.
You acknowledge that you do not rely on Black Halo Games to monitor or edit the site and that the site may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Black Halo Games does not represent or endorse the accuracy or reliability of any content posted by users, and you acknowledge that any reliance upon such content shall be at your sole risk.
The site may contain links to sites on the internet that are owned and operated by third parties. You acknowledge that Black Halo Games is not responsible for the availability of, or the content located on or through any third-party site.
Indemnity
You agree to indemnify, defend and hold Black Halo Games and their affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any such party in connection with any use or alleged use of the service under your user name by any person, whether or not authorised by you. Black Halo Games reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the company's defense of such claim.
Termination of Service
Black Halo Games reserves the right, at the company's sole discretion, to restrict, suspend or terminate your access to all or any part of the site, at any time for any reason without prior notice or liability. Black Halo Games may change, suspend or discontinue all or any aspect of the site at any time, including the availability of any feature, database or content, without prior notice or liability.
Disclaimers of Warranties; Limitation of Liability
Neither Black Halo Games, nor any provider or third-party content or their respective agents warrants that the service will be uninterrupted or error free, nor does any party make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an 'as is, as available' basis. Neither Black Halo Games, third-party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose with respect to the service, nor any content or any products sold through the service. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy and completeness of the content is assumed solely by you.
Neither Black Halo Games nor any third-party content provider nor their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
In countries and sovereign states which do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, the above limitations or exclusions may not apply to you. In such cases, the liability of the Digital Stroud partnership , third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
Miscellaneous
This agreement shall be construed in accordance with the laws of the England and Wales, and the parties irrevocably consent to bring any action to enforce this agreement in the English courts. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
Gameplay
You agree that the game can and will change in any way, at any time, regardless of how this impacts on your gaming experience, paid or otherwise.
Black Halo Games Ltd Standard Competition Rules
Standard Competition Rules
1/ Black Halo Games Ltd is the promoter of, and the only organisation responsible for, this competition in every way.
2/ The competition is open to entrants aged 12 or over. Black Halo Games Ltd reserves the right to request written proof of age of any winner.
3/ The competition will run for a fixed time period on the Zombie Scourge website, either at www.zombiescourge.com or on the facebook application apps.facebook.com/zombiescourge/ (hereafter, collectively referred to as 'the Websites'). The winner of this competition will be decided, based on the information gathered by the Websites by the Director of Black Halo Games Ltd, solely and only, and at some time after the competition's closing date and time has passed. All data for the competition will be gathered by the Websites between the competition's start and end dates and times, and no other method of entry is allowed. As the competition takes place online, it is a requirement of entering the competition to have internet access.
4/ Anyone attempting to subvert the website in any way will be barred from the site, and disqualified from the competition. Black Halo Games Ltd reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules, or has attempted to compete unfairly. No prizes will be awarded as a result of improper actions by or on behalf of any entrant.
5/ There is no cash equivalent available or offered or implied as being offered or available in place of the offered prize.
6/ There are no other prizes but the one offered.
7/ English Law, in force at the time that this competition is/was available to the public for entry will be paramount and decisive in any dispute concerning any aspect of this competition whatsoever and no other legal jurisdiction, or jurisdictions, whatsoever will or can be recognised in any matter whatsoever connected with, pertaining to, or otherwise having to do with, this competition. If the entrant lives in a country which does not allow English law to be applied, then invitation to enter the competition is withdrawn. Black Halo Games Ltd makes no representation that materials on the Websites relating to this Competition are appropriate or available for use at locations other than the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access the Websites outside of the United Kingdom, you are responsible for compliance with all local laws.
8/ If no winner can be determined then the Director of Black Halo Games Ltd reserves the right, solely at his or her discretion, to either withdraw the prize offered and declare this competition null and void, or to offer the prize again in some future competition.
9/ The winner, as determined by the Websites and the Director of Black Halo Games Ltd, is not in any event whatsoever or in any way whatsoever open to any challenge legal or otherwise by any person, persons, Corporation, Company, or any entity or entities legally recognised or otherwise in any legal jurisdiction whatsoever where so ever situated, recognised, incorporated, registered or otherwise at any time or in any legal jurisdiction.
10/ Using the Websites to play the Zombie Scourge game during the competition period is deemed an entry into the competition, and an implicit and explicit willing acceptance of all the rules herein contained and published and is an implicit and explicit willing acceptance that the only legal jurisdiction operative on or pertaining to this competition is that defined above. If you do not wish to be included in the competition, then you may opt out by sending an email to contactus@blackhalogames.com, or by writing to Black Halo Games Ltd, 29 Lee Road, Calverton, Nottingham, NG14 6NB.
11/ No purchase is necessary in order to enter this competition.
12/ The decision, or decisions, of the Director of Black Halo Games Ltd in all and every matter, or matters, pertaining to this competition, is, and are, final.
13/ Prize winners will be notified either by email, or by a facebook message some time after the end of the competition. The winner will be required to provide their name and country of residence, within 28 days of being notified to claim their prize. The name of the winner will be published on the Websites, and in other places on the internet at the discretion of Black Halo Games Ltd. The name of the winner may also be obtained by writing to Black Halo Games Ltd, 29 Lee Road, Calverton, Nottingham, NG14 6NB.
14/ Black Halo Games Ltd cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Black Halo Games Ltd is not responsible for any problems or technical malfunction of any websites (including, but not limited to, the Websites), computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Black Halo Games Ltd's liability for death or personal injury as a result of its negligence. Black Halo Games Ltd reserves the right to alter, amend or close the competition if necessary.
15/ You can contact us in relation to any competition by emailing contactus@blackhalogames.com, or by writing to Black Halo Games Ltd, 29 Lee Road, Calverton, Nottingham, NG14 6NB.
Monthly competition
1/ The competition will run from one minute past midnight Greenwich Mean Time on first of each month until the same time, the following month. The character with the most 'Experience Points' earned whilst using the Websites will be used to determine the winner, subject to the Black Halo Games Ltd Standard Competition Rules.
2/ First prize will be a free Platinum pack, second prize will be a free Gold pack, third prize will be a free Silver pack and fourth prize will be a free Bronze pack.
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