Godwars Scape Disclaimer

Terms of Service

Please read this Agreement carefully before donating and/or using our services. This is a binding agreement (the "Agreement") between you ("Customer") and the entity that will be receiving donations and providing services, Godwars Scape®, ("Company"). By using and/or donating to the Godwars Scape® service, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement and understand that all money sent to Company is considered a donation to the well being of Company, its community, and its members and will be distributed at the sole discretion of the founders. Services provided are based on a PayPal® forum based login ("Account") that is registered by Customer.

I. Affiliation

By acquiring this service you agree that you are not a member of, or affiliated with Jagex® or any of their employees. This includes, but is not limited to, members of the FunOrb®.

II. Service Termination

1. In the case of a recurring donation (e.g., a monthly subscription), in the event that Godwars Scape® terminates or cancels your Account or a particular items donated for convenience, Godwars Scape® is not required to provide a prorated refund of any prepaid donations given to Godwars Scape®.

2. In the case of a one-time donation to Godwars Scape®, Godwars Scape® may choose to terminate or cancel your donation in its entirety or may terminate or cancel only a portion of the donated items/powers (e.g., access to the software via our Login program).

III. Warranty

OUR SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IV. Indemnification

Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

V. Limitation on Company Liability

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, (iv) other force or occurrence beyond its control or (v) any other occurrence found by its owners to be harmful to the well being of Company. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be termination of Customer Account. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

VI. Miscellaneous

Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

VII. Confidentiality

Customer agrees that all information acquired by use of the Godwars Scape® web site and/or any or all Godwars Scape® services(any services or products provided by Godwars Scape® directly or indirectly) is confidential and may not be shared and/or copied/replicated in any way, shape, or form for ANY purpose including, but not limited to: sending, transmitting, or transferring any part of our software or services in any way, shape, or form to any person or organization including Jagex® and their affiliates.

VIII. Legal Action

Customer agrees that violation of any of the terms included in this agreement is punishable to the fullest extent allowed by the law as this document constitutes a legal agreement.

IX. Revisions

Customer agrees that this agreement may change over time and agrees to any future updates and/or revisions of this document.

X. Governing Law

This Agreement shall be construed in accordance with and governed by the applicable laws of the UNITED STATES and applicable EUROPEAN law. Exclusive venue for all litigation regarding this Agreement shall be in Tampa, Florida. Customer agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

XI. Acceptable Use
Customer agrees that he/she will only use Company's products and/or services for non-commercial educational and/or entertainment purposes that do not cause damage to any person(s) or entities. Furthermore, Customer agrees that said products and/or services may not be shared with any other person and/or entity in any way, shape, or form including but not limited to: giving others your account name and password, sharing information that is contained within the Godwars Scape® private forums with any person(s), or any other act which the owners of Company deem harmful or negative in nature to Company. Customer understands and agrees that sharing the services of Company with any person(s) will be considered as a breach of a confidentiality agreement and may be prosecuted to the fullest extent allowed by the law.