Last revised: January 23, 2018
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE NETHERHAVYN GAME WORKS, LLC WEBSITE.
1. Use of Materials on this Website
Netherhavyn Game Works LLC (“Netherhavyn”) maintains this website for your personal entertainment, information, education, and communication. Without Netherhavyn's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
In the event you download software, manuals, or media ( collectively, the “materials”) from the site, the materials, including any files, images incorporated in or generated by the materials, and data accompanying the materials are licensed to you by Netherhavyn. Netherhavyn does not transfer title to the software to you. You own the medium on which the materials are recorded, but Netherhavyn retains full and complete title to the materials, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the materials to any other form.
2. Online Content Created by Members
The website allows you to post and publish "Content" on Netherhavyn’s Forum "the Forum". You shall not upload to, distribute through, or otherwise publish through the Forum any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Content published on the forum shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services using the Forum. You specifically acknowledge that soliciting other Members to join or become members of any commercial online service or other organization is expressly prohibited.
3. Ownership of Published Content
4. Game Design Submissions
Netherhavyn does not accept unsolicited game submissions, ideas or proposals. Any unsolicited submissions, ideas, concepts, know-how or techniques posted or sent to us will be treated as non-confidential and non-proprietary.
5. No Cheating
Netherhavyn does not tolerate the use of cheat programs, the reverse-engineering of protocols or code, the use of multiple accounts for the purpose of cheating, players' collusion or any other form of cheating in its online community. Any player found cheating will be subject to a one-time warning, and the subsequent freeze of its account, and/or permanent removal of forum privileges, at Netherhavyn’s sole option.
6. Accessing the Website and Account Security
Netherhavyn reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, followers, and customers.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. Monitoring and Enforcement; Termination
Netherhavyn reserves the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Other Channels.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Netherhavyn has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by Netherhavyn. Your linking to any other off-site pages or other sites is at your own risk.
9. General Provisions
Netherhavyn may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. Netherhavyn controls and operates this website from its headquarters in Fort Collins, Colorado, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws. This website may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Colorado, United States of America without regard to its conflicts of law provisions.
10. Dispute Resolution and Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights. This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute, claim, or controversy, whether based in contract, statute, regulation, ordinance, tort—including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence—or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Netherhavyn (collectively, a “Dispute”). The term “Dispute” shall be given the broadest meaning enforceable by law and include any claims against other parties relating to Services or Products provided or billed to You (such as Company licensors, suppliers, dealers, or third-party vendors) whenever You also assert claims against Company in the same proceeding. This Provision provides that all Disputes between You and Company that cannot be resolved by agreement using good faith efforts within 60 days shall be resolved by binding arbitration because acceptance of these terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). BOTH YOU AND COMPANY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Except as otherwise provided in this Provision, the arbitrator may not consolidate or coordinate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both You and Netherhavyn specifically agree in writing to do so following initiation of the arbitration.
The material in this website could include technical inaccuracies or other errors. Your use and browsing of the website is at your risk. Netherhavyn does not assume responsibility for continuously updating any page of this Web site. Unless there is a specific statement on a page of the Web site that the page has been updated on a certain date, you should not assume that the page has been updated or that the content of the page remains current. Neither Netherhavyn, nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Netherhavyn does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Netherhavyn reserves the right to make changes to this website at any time without notice.
12. Limitation of Availability of Online Services
Although Netherhavyn makes its best efforts to ensure the availability of Netherhavyn’s servers and services, access can be temporarily suspended for technical or maintenance reasons, without prior notice. Netherhavyn does not warranty any Content that you publish on Netherhavyn’s website, which can be lost for any cause. Therefore, you are responsible for making your own backups of the Content that you decide to publish on Netherhavyn’s website. Accessing to Netherhavyn requires an Internet connection for which you fully support charges and responsibilities.
13. Limitation of Liability.
IN NO EVENT WILL NETHERHAVYN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Possible Changes of Conditions for Online Services
Netherhavyn retains all rights to change the conditions for accessing the Netherhavyn servers and services, including charging for access or discontinuing these services permanently.
15. Corporate Identification, Site Content & Trademarks
All trademarks, service marks and trade names of Netherhavyn Game Works, LLC. used herein including their logos are trademarks or registered trademarks of Netherhavyn. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Netherhavyn trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Netherhavyn Game Works, LLC prior consent. The use of Netherhavyn Game Works LLC’s trademarks on any other website or network computer environment is not allowed. You may not use the Netherhavyn Game Works LLC’s trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
16. Trademarks Notice
Netherhavyn Game Works and Of War and Men WWII are tradenames, trademarks, or registered trademarks of Netherhavyn Game Works, LLC. Other product and brand names on this site may be trademarks or registered trademarks of their respective owners.
Netherhavyn Game Works respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Netherhavyn Game Works
Attention: Price Johnston (DMCA)
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
18. Your Comments and Concerns
This website is operated by Netherhavyn Game Works in Fort Collins, CO.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set forth therein.All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Thank you for visiting Netherhavyn’s Website.