TERMS AND CONDITIONS

Agreement between user and Rackword.

Welcome to www.rackword.com. The www.rackword.com website (the “Site”) is comprised of various web pages operates by Rackword is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of Rackword constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. Rackword is an online game.

1. PRIVACY

Your use of www.rackword.com is subject for the Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

2. ELECTRONIC COMMUNICATIONS

Visiting www.rackword.com or sending e-mails to www.rackword.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

By registering for an www.rackword.com account on the Site (an “Account”), or by clicking to accept the Terms and Conditions when prompted on the Site, you are deemed to have executed these Terms electronically, effective on the date you register your Account or click to accept the Terms. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, the other Terms of Service, and any amendments.

3. YOUR ACCOUNT

If you use this site, you are responsible for maintaing the confidentiality of your account and password and for restricting aceess to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Rackword is not responsible for third party access to your account that results from theft or misappropriation of your account. Rackword and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.

You are not entitled to create and/or use more than one Account at the same time. Rackword may immediately terminate or suspend any and all of your Accounts which were registered in such manner including your own Account.

You are not enttled to create an Account on behalf of other person(s). You warrant that you provide to Rackword your personal details to register an Account which are acurate, true and relevant to your identity. Should you fail to comply with the provisions stipulated in this Paragraph of the Terms and Conditions Rackword may immediately terminate or suspend your Account in its sole discretion and at any time.

To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual who can form legally binding contracts.

You represent that you are not a citizen or resident of a geographic area in which access to or use of the Site is prohibited by applicable law, decree, regulation, treaty, or administrative act. You agree that if your country of residence or other circumstances change such that the above representation is no longer accurate, that you will immediately cease using the Site and its services.

4. PURPOSE OF THE SITE AND SITE SERVICES

The Site provides you with a possibility to use an online game where you can play in real time with computer or/and other players and to communicate with other players. The Site may provide other services which may be amended from-time-to-time (the “Services”). The full description of the Services is available on the relevant Site’s pages which are subject for periodically updating and adjusting.

5. NO UNFAIR OR PROHIBITED USER’S ACTIVITY

You agree that you will not, under any circumstances:
  • (a) Engage in any act that Rackword deems to be in conflict with the spirit or intent of the Site and/or its Services, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
  • (b) Make improper use of Rackword’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
  • (c) Use the Site and/or its Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • (d) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Site and/or its Services or any Rackword game experience;
  • (e) Use the Site and/or its Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Site and/or its Services or any Rackword game experience;
  • (f) Without Rackword’s express written consent, modify or cause to be modified any files that are a part of the Site and/or its Services;
  • (g) Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Site and/or its Services or any Rackword game environment;
  • (h) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Site and/or its Services;
  • (i) Attempt to gain access to the Site and/or its Services, other user’s Accounts or to the computers or networks connected to the Site and/or its Services by any means other than the user interface provided by Rackword, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Site and/or its Services;
  • (j) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • (k) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  • (l) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Rackword employees or customer service representatives;
  • (m) Make available through the Site and/or its Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • (n) Without Rackword’s express written consent, use the Site and/or its Services or any part thereof for any commercial purpose;
  • (o) Use the Site and/or its Services or any part thereof for performing in-game services in exchange for payment outside the Site and/or its Services;
  • (p) Use any third party software that accesses, intercepts, or otherwise collects information from or through the Site and/or its Services or that is in transit from or to the Site and/or its Services;
  • (q) Intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Site and/or its Services;
  • (r) Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • (s) Bypass any measures Rackword employs to restrict access to the Games;
  • (t) Use any software, technology, or device to scrape, spider, or crawl the Site and/or its Services, or harvest or manipulate data available via the Site and/or its Services;
  • (u) Use, facilitate, create, or maintain any connection to any unauthorized server that emulates, or attempts to emulate any part of the Site and/or its Services;
  • (v) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Site and/or its Services, or to obtain any information from the Site and/or its Services using any method not expressly permitted by Rackword; or
  • (w) upload or transmit or attempt to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices.

Should the user or users commit any unfair or unlawful activity stipulated above, Rackword may in its sole discretion and at any time to terminate and/or suspend such user’s Account and to prevent such user or users to use the Site and/or its Services for the period as determined by Rackword.

Cheats; i.e. methods, not expressly authorized by Rackword, influencing and/or facilitating the Site’s gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods are hereby expressly forbidden. Rackword is entitled to suspend or terminate your Account or to apply any other sanctions for your using cheats as defined above without refunding you any subscription fees in its sole discretion and at any time.

6. THE FEES

As of the date of these Terms and Conditions, the Site provides you with free access to the Site and/or its Services. Rackword is entitled in its sole discretion and at any time to introduce subscriptions fees which are subject for paying by the Site’s Users in order to participate and use all the privileges on the Site (the “Fees”). The amount of such subscription fees will be available on the relevant Site’s page and is subject for amending from-time-to-time.

Although the Site and/or its Services are considered as free for all users, Rackword in its sole discretion and at any time is entitled to limit the Services for the users who use the Site or/and its Services on a free-of-charge basis.

Rackword is entitled in its sole discretion to provide extra services or/and other privileges to the Users who use the Site and its Services on the paid basis and such extra services may not be provided to the Users who use the Site and its services on a free-of-charge basis.

The payment methods will be presented on the relevant Site’s page.

In cases of fraud, abuse, or violation of these Terms, Rackword reserves the right to suspend provision of any Services to you and to cancel your access to the Site without refunding any subscription Fees to your side.

7. CANCELLATION/REFUND POLICIES

The user may at any time cancel using the Site and related Services by noticing Rackword hereof. Your election to discontinue will take effect for the following annual paid period, provided that your election is received by Us before the first day of starting the new annual period. If you elect during annual paid subscription period to discontinue your subscription, you will not receive a refund for the then-current period subscription Fees.

8. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use www.rackword.com strictly in accordance with these terms of use. As a condition of your use of this Site, you warrant to Rackword that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rackword or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. www.rackword.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will not use protected content solely for your personal use, and will make no other use of this content without the express written permission of Rackword and the copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of Rackword or our licensors except as expressly authorized by these Terms.

9. USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at a large or with the group (collectively “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as limitation, you agree that when using Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as right of privacy and publicity) or others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Rackword has no obligation to monitor the Communication Services. However, Rackword reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Rackword reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Rackword reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials in whole or in part, in Rackword’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Rackword does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rackword specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Rackword spokespersons and their views do not necessarily reflect those of Rackword.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

10. MATERIALS PROVIDED TO WWW.RACKWORD.COM OR POSTED ON ANY WWW.RACKWORD.COM WEB PAGE

Rackword does not claim ownership of the materials you provide to www.rackword.com (including feedback and suggestions) or post, upload, input or submit to any www.rackword.com Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rackword, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission

No compensation will be paid with respect to use of your Submission, as provided herein. Rackword is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rackword’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

11. INTERNATIONAL USERS

This Service is controlled, operated and administrated by Rackword from our offices in France. If you access the Service from a location outside the France, you are responsible for compliance with all local laws. You agree that you will not use the www.rackword.com Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rackword, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rackword reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rackword in asserting any available defenses.

13. ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, otherwise at law or in equity for damages of any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Paris Arbitration Rules, conducted by a single neutral arbitrator or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are result of these Terms and Conditions. The parties agree that the Paris Arbitration Rules govern the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

14. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Rackword AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Rackword AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Rackword AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS; INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rackword AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DEFECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OR IN ANY WAY CONNECTED WITH THE USE OR PERFOMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Rackword OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSSIBILITY OF DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINIUE USING THIS SITE.

15. TERMINATION/ACCESS RESTRICTION

Rackword reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the France and you hereby consent to the exclusive jurisdiction and venue of courts in France in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rackword as a result of this agreement or use of this Site. Rackword’s performance of this agreement is in derogation of Rackword’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by Rackword with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and he remainder of the agreement shall continue in effect.

Unless otherwise specified herein this agreement constitutes the entire agreement between the user and Rackword with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rackword with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English or/and French.

16. CHANGES TO TERMS

Rackword reserves the right, in its sole discretion, to change the Terms under which www.rackword.com is offered. The most current version of the Terms will supersede all previous versions. Rackword encourages you to periodically review the Terms to stay informed of our updates. We may notify you of any adjustments to these Terms and Conditions by email or through the private messaging system contained in the Site.

17. CONTACT US

Rackword welcomes your questions or comments regarding the Terms, you can contact using our website contact form.
 

Effective as of 26/12/2016.