We reserve the right to make changes to this POLICY. If we make a material change to this POLICY, we will notify you by posting the change on the Website or in this POLICY and, if necessary, give you additional choices regarding such change. Please check back from time to time to ensure that you are aware of these changes. Your continued use of the Website and/or any Services will signify your acceptance of these changes.
Some Services may be offered by Id Software for free while others require payment of a fee. You must pay the applicable subscription or other fees to participate in paid Services. For information about subscription and other fees for particular Services, visit www.quakelive.com.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
When you provide credit card information to Id Software or its payment processing agent, you represent to Id Software that you are the authorized user of the credit card that is used to pay for subscription or other fees and authorize Id Software to charge your credit card for any subscription or other fees incurred by you. For annual subscriptions or other fees, you agree and reaffirm that, until such authorization is timely cancelled or revoked, Id Software is authorized to charge your credit card for the subscription, subscription renewal or other fee.
Id Software reserves the right to change fees or billing methods at any time, including charging a fee for Services previously offered free of charge. For an annual subscription for a Service, Id Software will provide you with notice of any changes to the fees or billing methods at least twenty (20) days in advance by posting such changes on the Website. You are responsible for reviewing the Website to obtain timely notice of such changes. Your continued use of the Website and/or any Service twenty (20) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Id Software will not refund you any fees that may have accrued to Your Account before cancellation of your subscription, and Id Software will not prorate fees for any subscription. In addition, you may lose some or all access to certain features, data, or information associated with the paid Services. If your use of Services is subject to use, sales or other taxes, then Id Software may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit www.quakelive.com.
A. Payment Options. You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide credit card or other payment information to Id Software or its payment processing agent, you represent to Id Software that you are the authorized user of the credit card or other payment method. By agreeing to this POLICY, you have agreed to permit Id Software to automatically renew your subscription to the applicable Service by charging a valid credit card number, which you have provided to Id Software or its payment processing agent. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter at then then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. At the time of payment, you must provide current, complete, and accurate information (such as a change in billing address, credit card number, or credit card expiration date). In the absence of a cancellation, you authorize Id Software, or any other company that acts as a billing agent for Id Software, to automatically continue charging that card unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription and/or to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. Id Software and its payment processing agent reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Id Software or its payment processing agent. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.
B. Trial Subscriptions. Id Software, in its sole discretion, may choose to offer a free trial subscription to Services that are normally offered for a fee. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the Services, even if we offer a free trial subscription.
C. Fees Charged by Third-Party Sites and Vendors. Id Software may provide links to other web sites in advertising panels. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Id Software. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Id Software’s games, the Services, Your Account, and this Website may not be used in connection with criminal or civil violations of local, state, federal, or international laws, treaties, regulations, or other governmental requirements. Such violations include, but are not limited to, theft or infringement of copyrights, trademarks or trade secrets, fraud, forgery, theft or misappropriation of funds, libel and defamation. Id Software may involve, and will cooperate with, law enforcement if criminal activity is suspected.
By downloading Software (defined below), you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Website or Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
Id Software may terminate any Service at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Service.
Id Software also reserves the right to terminate without notice Your Account for any reason, such as your violation of this POLICY or for no reason in Id Software’s sole discretion. Id Software's failure to enforce this POLICY, for whatever reason, shall not be construed as waiver of our right to do so at any time in the future.
You have the right to cancel Your Account or a particular subscription to a Service at any time. If you do not agree to the terms in this POLICY, your sole remedy is to not use the Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of Your Account or a particular subscription is your sole right and remedy with respect to any dispute with Id Software, including but not limited to, any dispute related to or arising out of (1) any term of this POLICY or Id Software’s enforcement or application of this POLICY; (2) the content available through the Services or any change in content provided through the Services, (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Services.
If Your Account, or a particular subscription for a Service associated with Your Account, is terminated, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to Your Account or entitlements associated with Your Account or the particular Service.
You understand that except for advertising programs offered by us on the Website or within the Services, the Services and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through Your Account or otherwise posted, transmitted, or shared by you on or through the Website or the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
o register for more than two (2) user accounts, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
o harvest or collect email addresses, passwords, or other contact information of other users from the Services or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
o use the Services or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
o use automated scripts to collect information from or otherwise interact with the Services or the Website;
o upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
o impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
o upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
o upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
o transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
o solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
o disrupt the flow of chat in chat rooms or in game with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (i.e., all caps) in an attempt to disturb other users, “spamming” or flooding (i.e., posting repetitive text).
o impersonate another person, indicate falsely that you are an Id Software employee or a representative of Id Software, or attempt to mislead users by indicating that you represent Id Software or any of Id Software's partners or affiliates;
o attempt to get a password, account information, or other private information from anyone else on the Services or Website;
o upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o harass, threaten, or do anything else to another player that is unwanted, such as repeatedly sending unwanted chat messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc;
o upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
o promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software;
o use or attempt to use another's account, service or system without authorization from Id Software, or create a false identity on the Services or the Website;
o upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Id Software, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or Website, or which may expose Id Software or its users to any harm or liability of any type;
o attempt to use Id Software software games on or through any service that is not controlled or authorized by Id Software; and.
o interfere with the ability of others to enjoy playing an Id Software software game or take actions that interfere with or materially increase the cost to provide any Service for the enjoyment of all its users.
The transmission, distribution, or storage of any data or material and any use of the Website or Services in violation of any applicable law, rule or regulation is prohibited. This includes, but is not limited to, material or data or Website or Service usage which:
o infringes or otherwise violates any copyright, trademark, trade secret, or other intellectual property right;
o violates any third party's confidentiality, privacy, publicity, or other rights;
The following general actions are considered "abuse" and are strictly prohibited:
You are responsible for making reasonable attempts to immediately report to Id Software or SoftLayer any known or suspected issue which could compromise the stability, service or security of any user or system connected to the Networks.
The Services may require or allow you to download software, software updates or patches, or other utilities and tools from Id Software or its licensors onto your computer (the "Software"). Id Software grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by Id Software at the time the Software is made available to you. If an end user or similar license agreement is provided with the Software, your use of the Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by Id Software. You understand that Id Software’s introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Id Software services may vary depending on your computer and other equipment.
From time to time, Id Software may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue use the Software and/or the Service or other Id Software services.
You must configure your system in a secure manner. Should your system be exploited by unauthorized persons, you are responsible for both reporting the violation (where applicable), and fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, you are responsible for immediately re-configuring the system to prevent further unauthorized use. You are prohibited from interfering or attempting to interfere with services (also referred to as Denial of Service Attacks), whether intentionally or through neglect, of any other user, host, or network. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, is your responsibility. Anti-virus software should be installed on every system which connects to SoftLayer Networks. You are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into SoftLayer Networks, such as, but not limited to, in the form of incorrect routing or DNS information.
In addition to the User Conduct described above, you are strictly prohibited from engaging, whether intentionally or through neglect, in any of the following activities, for which may result in termination of Your Account:
o sending unsolicited mass or commercial messages (also referred to as "spamming") for any purpose whatsoever;
o you may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account, commonly known as "mail bombing;"
o you may not use email to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending unwelcome messages is considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages;
o you may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings;
o you may not use Provider's services to distribute "spyware," viruses, worms, "Trojan Horses," or similar programs;
o making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes),
o altering or faking e-mail header information to misdirect or otherwise "spoof" another party for the purpose of evading detection or any other purposes; and
o configuring or tampering with communication methods in such a way that it will accept third party correspondence.
In the absence of positive, verifiable proof to the contrary, and after you have 72 hours to provide such proof in writing, SoftLayer and Id Software consider complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the correspondence about which a complaint was generated.
You are solely responsible for your interactions with other Website and Service users. Id Software reserves the right, but has no obligation, to monitor disputes between you and other users.
The Website contains (or you may be sent through the Website or the Service) links to other web Websites, including advertiser websites, ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Id Software, and Id Software is not responsible for any Third Party Websites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Id Software. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that Id Software’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.
You agree that your violation of this POLICY may result in immediate and irreparable harm to Id Software for which it may not be compensated adequately by a monetary award. In the event of your actual or threatened violation of this POLICY, you agree that Id Software shall be entitled to an injunction or other equitable relief, in addition to such other relief to which such parties may be entitled, including monetary relief, appropriately enjoining or restraining conduct in violation of this POLICY, without having to prove damages or post bond or other security.
The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Id Software assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Id Software is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Software. Under no circumstances will Id Software be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Website or the Services, any user content or Third Party Applications, Software or Content posted on or through the Website or the Services or transmitted to users, or any interactions between users of the Website or Services, whether online or offline.
ID SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LAWSUITS ARISING FROM OR RELATING TO ANY EVENT OR OCCURRENCE BEYOND ID SOFTWARE COMMERCIALLY PRACTICABLE AND REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY ACT OF TERRORISM, WAR, ANY ACT OF GOD SUCH AS LIGHTNING, HURRICANE, TORNADO, EARTHQUAKE, AND FLOOD, THIRD-PARTY ACTS, OR ANY OTHER EVENT OR OCCURRENCE OUTSIDE THE COMMERCIALLY PRACTICABLE AND REASONABLE CONTROL OF ID SOFTWARE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ID SOFTWARE, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, LICENSEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL DAMAGES, LOSSES, LAWSUITS, AND CLAIMS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES, ARISING FROM OR RELATING TO ANY VIOLATION OF THIS POLICY BY YOU, AT YOUR DIRECTION, OR WITH YOUR ASSISTANCE OR COOPERATION, AND/OR YOUR NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS AND/OR YOUR ACTS AND OMISSIONS TO ACT IN USING THE WEBSITE, SERVICES, AND/OR SOFTWARE IN ACCORDANCE WITH THIS POLICY AND ANY APPLICABLE EULA. YOU AGREE THAT ID SOFTWARE HAS THE RIGHT TO CONTROL THE DEFENSE AND ANY SETTLEMENT OF ALL SUCH DAMAGES, LOSSES, LAWSUITS, AND CLAIMS AT YOUR SOLE COST AND EXPENSE.You further agree to indemnify and hold Id Software harmless for any improper or illegal use of Your Account, including the illegal or improper use of Your Account by someone to whom you have given permission to use Your Account. You agree that you will be personally responsible for your use of the Website and Services and for all of your communication and activity on the Website and Services, including any content you contribute, and that you will indemnify and hold harmless Id Software, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Website and Services, including any content that you contribute.
All links to or information on this Website provided about other websites are for the express purpose of providing easy access to content that may be deemed "desirable" by you. Id Software does not endorse or sponsor these websites. You will need to make your own determinations about these websites.
Exclusive venue for any litigation regarding this POLICY shall be in the federal and/or state courts located in Dallas County, Texas; provided, however, Id Software reserves the right to initiate legal action in any other jurisdiction Id Software deems appropriate in connection with enforcement of this POLICY. The laws of the State of Texas, excluding conflicts of laws principles, shall govern the interpretation and enforcement of this POLICY.
This POLICY sets forth the entire agreement between you and Id Software regarding the subject matter of this POLICY.
If you have further questions or concerns about this POLICY, please email Id Software at [email protected]
This POLICY was last updated September 8, 2011.