303 Terms of Service Policy
§01 - Overview of this Agreement & Policy
This document encompasses OrwellRP Services and how one is permitted to use them and such terms governing the use of such services provided by OrwellRP. This Agreement is binding as soon as you download, install or use any of the OrwellRP Services, including Garry’s Mod Server managed by OrwellRP, OrwellRP Discord, OrwellRP website, or any such service branded OrwellRP . The OrwellRP Web Site (the "Site") and (the “Server”) are online services provided by OrwellRP, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site or services. The OrwellRP may modify this agreement at any time, and such modifications shall be effective immediately upon the posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Nature of this Agreement: This Agreement is a legally binding contract between you, the user, and OrwellRP. For purposes of this agreement the terms: “you”, “user”, “one”, “player” shall refer to the individual whom is agreeing to this document and is utilizing the services provided.
Applicability of Services: This agreement is applicable to all of our video game servers, our websites, user accounts, customer and technical support, bug tracker, official forums, articles, archives, wikis, blogs, E-Learning and other products and services - we will refer to “OrwellRP Services” to cover all of these things.
Applicability to the User: This agreement is applicable to anyone upon the download, subscription, installation, access or use any of the OrwellRP Services. If you do not agree to this document, you are forbidden from use any of the OrwellRP Services.
Right to Amend Clause: The OrwellRP may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications
§02 - USING ORWELL RP SERVICES
You understand that, except for information, products or services clearly identified as being supplied by OrwellRP, OrwellRP does not operate, control or endorse any information, products or services on the Internet in any way. Except for OrwellRP-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with OrwellRP.
You assume total responsibility and risk for your use of the site and the internet. OrwellRP provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and OrwellRP shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. OrwellRP does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. In no event will OrwellRP be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if OrwellRP or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, OrwellRP liability is limited to the greatest extent permitted by law.
OrwellRP makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-OrwellRP web site (a web site Uniform Resource Locator other than www.orwellrp.com ), please understand that it is independent from OrwellRP, and that OrwellRP has no expressed control over the content on that web site. In addition, a link to a OrwellRP web site does not mean that OrwellRP endorses or accepts any responsibility for the content, or the use, of such web site.
Use of OrwellRP Services: Your use of the OrwellRP Services is for you alone, so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else. Legally speaking, we give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable status to enjoy on our services.
Age Restrictions: Legally, you must be at least 13 years old to use OrwellRP Services. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of OrwellRP services.
Technical requirements: Some OrwellRP Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before downloading or using them. In order to protect OrwellRP, OrwellRP users and to enforce this Agreement, OrwellRP may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use the OrwellRP Services. We may patch, update or change the OrwellRP Services over time at our discretion (e.g. to add or remove game features). This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result.
Beta/Early Access release: We may release some OrwellRP Services before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta or Early Access or other pre-full release mode. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Goods). We might set other requirements too. Legally, we provide you with these versions ‘as is’ without any promises from or liability on us of any kind.
Third Party Access and Content: We are not responsible for any third party content on the OrwellRP Services (e.g. links to third party sites on our forums) or third party services which you access the OrwellRP Services from (e.g. Steam).
§03 - RULES FOR USING THE ORWELL RP SERVICES
This section sets out the rules for you to follow when using the OrwellRP Services – e.g. no hacking, cheating, harmful conduct etc. Breaking these rules could result in suspension or cancellation (temporary or permanent) of your access to the OrwellRP Services.
Please follow these rules carefully since failure will be considered a material breach of this Agreement, which could lead to suspension or cancellation (temporary or permanent) of your access to the OrwellRP Services. Here are the main rules – you must NOT:
Personal Enjoyment only: The use of OrwellRP Services for any commercial or political purposes is expressly forbidden. It is also forbidden to use any services for acts considered illicit within the United States of America;
Restricted Access: You may NOT attempt to copy, rent, steal, sell, lend, lease, sublicense, distribute, publish or publicly display OrwellRP Services, content, intellectual property and or subscriptions;
Technical Misuse: It is forbidden to modify, merge, distribute, translate, reverse engineer, decompile or attempt to obtain or use source code, content or intellectual property of the OrwellRP Services unless you are specifically allowed by applicable law;
Interfering: It is forbidden to hack, harm, grief, harass, threaten, interrupt, interfere with or misuse the OrwellRP Services, accounts, network software and services or OrwellRP’s other users, community members or staff.
Cheating: Users may not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the OrwellRP Services.
No Advertising: Users may not post any commercial advertisement, promotion, spam or unsolicited messages through the OrwellRP Services.
Names/Trade Marks: The use of OrwellRP, the names of any OrwellRP Services or other OrwellRP names or logos or trademarks may not be used for any unauthorized purposes. Such authorization must be done so in writing from the owners of OrwellRP.
Infringing Content: It is forbidden to do anything in connection with OrwellRP Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of others.
Conduct: It is forbidden to do or say anything that is contrary to OrwellRP policies including but not limited to, DP302, DP203, DP304, DP308, and or DP309. This includes in any chat or other communications with users. OrwellRP reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason pursuant to TFP210. You may not use actions or words to promote violence against an individual or group. It is forbidden to use actions or words that have the potential to undermine the integrity of this organization. You may also not use action or words that seek to undermine or target the United States of America. Your conduct and use of our services may not be for illegal operations or acts.
Integrity: It is forbidden for a user to commit an act of any form that would undermine the secure and orderly running of the OrwellRP community.
§04 - INTELLECTUAL PROPERTY RIGHTS
The OrwellRP Services owned/licensed by the OrwellRP. OrwellRP owns or licenses the OrwellRP Services in their entirety (e.g. their visual components, forums, e-learnings, server content, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all intellectual property and other legal and exploitation rights regarding them). All rights in the OrwellRP Services are reserved except as explained in this Agreement.
§05 - USER SUBMITTED CONTENT
If you share content in-game via the OrwellRP Services (e.g. sending links), this is your responsibility. Any content you share via the OrwellRP Services (e.g. text, blog posts, photos etc – “User Submitted Content”) is your own responsibility and at your own risk. The staff and leadership of OrwellRP do not assume any responsibility or liability for User Submitted Content. OrwellRP has the right (but not the obligation) to check and remove User Submitted Content at our sole discretion. As far as OrwellRP is concerned you own your User Submitted Content, but by posting it on OrwellRP Services you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Submitted Content in connection with OrwellRP Services). If you do not agree to this, please do not post any User Submitted Content.
What if someone is infringing my Intellectual Property Rights? Please contact us at firstname.lastname@example.org if you think someone is infringing your intellectual property rights.
§06 - VIRTUAL GOODS and Donations
Players are able to buy and/or otherwise obtain features like cosmetics in-game enhancements or in-game ‘VIP’ status or other in-game entities through the OrwellRP donation page/online store. Such purchases and features are governed by additional legal regulations. Such purchases of credits, in game status, features or entities do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.
Overview of Virtual Goods: Certain OrwellRP Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements or in-game ‘VIP’ status and other downloadable content (“Virtual Goods”).
Payment for Virtual Goods: If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.
Legality of Virtual Goods: Virtual Goods are digital items only with no cash-value or real-world existence and cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way. In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable license to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant OrwellRP Service but OrwellRP remains the legal owner of Virtual Goods at all times.
Revocation and Expiration of Virtual Goods: Virtual Goods do not expire with the exception of subscription based status such as but not limited to ‘in-game VIP status’, but we reserve the right to change or amend that if necessary. Also, OrwellRP reserves the right to revoke from users (without notice or compensation) any Virtual Goods that have been obtained by way of (e.g.) bug, hack or exploitation of the OrwellRP Services. We reserve the right to manage, regulate, control, discontinue, vary, modify and/or remove Virtual Goods at our sole discretion without liability to you or anyone. These provisions being necessary for the ongoing operation and protection of the OrwellRP Services or for other legitimate reasons.
Refund Policy: OrwellRP does not provide refunds, nor is it required to, but may choose to on an exception basis entirely at the discretion of OrwellRP. It is not the responsibility of OrwellRP to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.
Billing: All information provided by you when registering must be correct. You cancel services that you have with us via PayPal. It is not the responsibility of the OrwellRP to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded. OrwellRP considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50(USD) fee, per incident, and have their balance sent to a third-party collections agency if payment capture is not possible. Law enforcement may be contacted to help facilitate payment. For accounts more than 30 days past due, 5 percent interest per annum applies starting from the invoice due date.
Chargeback Policy: In the event that there is a chargeback from purchased goods, the user who generated such charge will be subject to a service fee in the amount of five dollars USD. This fee is to cover all cost and fees associated with PayPal. This fee does not re-instate any benefits that will be stripped from them as a result of the chargeback transaction. Those benefits may be re-instated if the user pays the full price for such virtual goods and the transaction is not disputed or revoked. If a user refuses to pay the chargeback accessed fee, then they are subject to being banned from ALL OrwellRP services. Buying virtual goods with the intent to dispute them / not pay for them is fraudulent behavior and will not be accepted.
It should be noted that a copy of this agreement will be provided to PayPal during ANY dispute raised, coupled with the fact that one cannot make purchases via the store without expressly accepting these terms set forth.
§07 - SERVICE DOWNTIME
OrwellRP reserves the right to have our physical servers down for scheduled maintenance 12 hours a month. OrwellRP reserves the right to have our physical servers down for unscheduled maintenance 96 hours a month. In the event of significant data loss or hardware failure, OrwellRP reserves the right to have our physical servers down for up to 192 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. OrwellRP is not responsible for loss of use or loss access during downtime.
§08 - FEEDBACK OR SUGGESTIONS
Feedback and suggestions are great but at our discretion without responsibility/liability. We always welcome and appreciate feedback and suggestions (you can send these to email@example.com) but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.
§09 - LIABILITY
Limitation of liability The following section does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA.
(I) OUR DISCLAIMERS. ORWELL RP SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE ORWELL RP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORWELL RP, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE ORWELL RP SERVICES.
(II) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE ORWELL RP SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(III) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND ORWELL RP, ITS AFFILIATES, LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH ANY ALLEGED OR ACTUAL BREACH BY YOU OF THIS AGREEMENT. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.
(IV) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
(V) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
§10 - TERMINATION OF AGREEMENT
You can terminate this Agreement by stopping use of all OrwellRP Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the OrwellRP Services if you breach this Agreement. Such action is done at the discretion pursuant to :
Termination of Agreement: You can terminate this Agreement at any time by permanently stopping use of all OrwellRP Services. Termination will not affect already existing rights or obligations of us or you.
Suspension & Denied Access to OrwellRP: We may cancel or suspend (temporarily or permanently) your access to any and/or all of OrwellRP Services (including access to Virtual Goods) if you materially breach this Agreement (DP303.03 above or a breach which is serious and/or which could cause real harm to OrwellRP, the OrwellRP Services or other OrwellRP Services users). If we cancel or suspend your account in this way we will not have any obligations or liabilities to you at all but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. OrwellRP may decide to cease providing services at any time but will try to give at least sixty days notice.
§11 - GOVERNING LAW
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between OrwellRP and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. OrwellRP failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The OrwellRP may assign its rights and duties under this Agreement to any party at any time without notice to you.
§12 - OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.
i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it; ii. This Agreement does not create any rights for anyone else; iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls; iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to OrwellRP Services or this Agreement; v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of OrwellRP Services, as part of any reorganization or merger or for other business reasons. We will notify you if this happens; vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.