1.0 Scope of Agreement, Acceptance, and Changes
1.1. What services are covered by this Agreement?
This Agreement applies to your use of the website (http://www.fearlessrp.net), including its subdomains, with their components or accessories, Fearless Discord server and gaming servers hosted, maintained or operated by Fearless. The Services may be accessed from a personal computer, a phone device or any other portable media device.
1.2. Are there additional terms for using the Services?
Our goal is to create a safer and more secure environment so when using the Services, users must abide by these Terms of Service, the CityRP Server Rules (http://www.fearlessrp.net/serverrules.php) and the Fearless Forum Rules (http://www.fearlessrp.net/forumrules.php), all of which are part of this Agreement (collectively the "Agreement"). We expect you to understand that every event or point of notice might not be covered in the Agreement, so we presume our users to exercise common sense and to avoid performing questionable actions or search for loopholes. If you are not sure whether something is allowed or not, you are to contact a member of Fearless staff immediately for clarification.
1.3. Are there any third-party terms for using the Services or content accessed through the Services?
Third-party games, applications, content, online services, advertising, or events provide separate agreements, privacy policies and other terms that govern your use of those Third-Party Features (collectively "Additional Terms").
This Agreement and privacy statements referenced in this Agreement do not apply to Third-Party Features and the Additional Terms governing such features do not modify any terms of this Agreement in any way.
1.4. How do I accept this Agreement?
By using or accessing the Services, you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Services.
1.5. What age do I have to be to use the Services?
1.6. Can Fearless change this Agreement after I have accepted it?
Fearless may change or amend this Agreement. If we do, we'll indicate the date on which this Agreement was last updated at the top of the most current version. Your use of the Services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services. Otherwise, the new terms will apply to you. It is your responsibility to read any changes.
1.7. Can Fearless change the Services or my use of it?
We may change the Services at any time, for any reason or no reason, and we may also cancel or suspend your ability to access the Services if you're in breach of this Agreement. If we cancel your Services account, your credentials or suspend access from your Steam account, your right to use the Services stops immediately.
1.8. What types of changes can I expect to the Services?
We continuously work to improve the Services. We may stop providing a portion of the Services, because, for example, it is no longer technologically possible, user feedback suggests a change, external issues arise that make it imprudent or impractical to continue, or for other reasons. We may release the Services or their features in beta version, which may not work correctly or in the way the final version may work. We may, among other things: (i) restrict or limit access to the Services; (ii) retrieve and store information regarding devices used to access the Services and any connected peripheral device used to log onto the Services as necessary to operate and protect the security of the Services, and to enforce this Agreement; and (iii) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Services, or any software associated with the Services, from time to time without notice. We may do so by the automatically downloadable content from the gaming server or from an optional download on the forums, these downloads may include software that prevents you from tampering with the Services.
1.9. What type of support do you offer for the Services?
We do not obligate ourselves to providing help or support for the Services. For assistance with any difficulties you are encouraged to use the forums to contact staff members or other users, see: Fearless Team and Help & Support.
1.10. How can I use the Services?
You agree that the Services are only for your personal use, and you will not use the Services, any content available on the Services, or your account, for any commercial purpose. You may only access the Services by logging into your account online. Fearless intends for each user to use only one (1) Steam account to access both the Fearless Forums and the CityRP servers. You may not use multiple accounts for any reasons, including masking your identity, gaining an advantage over other users in the Services or circumventing suspensions or other disciplinary measures. You may not sell, assign, or otherwise transfer your account to another person. You must keep your accounts and passwords confidential and not authorize any third party to access. You must contact a staff member immediately if you suspect misuse of your account or any security breach in the Services.
1.11. How can my accounts be used?
You are responsible for all activity that takes place with your Services accounts and Steam account. We may limit who may use your Services account or any associated accounts or the number of devices from which you may access the Services.
If you allow or enable a minor to use an associated account, then:
- You represent that you are the parent or legal guardian of such minor;
- You acknowledge that some features of the Services, and some content available through the Services, may contain or expose users to material unsuitable for minors. You agree to supervise usage by minors whom you permit or enable to use the Services.
The Services are not intended for use by children under 13 without adult supervision;
- You are responsible for any material that a user of your Services account accesses or is denied access to.
1.12. Are there things I can't do on the Services?
You must not use the Services to harm others or the Services. For example, you must not:
- use the Services to harm, threaten, or harass another person, organization, or Fearless;
- damage, disable, overburden, or impair the Services (or any device connected to the Services);
- resell or redistribute any part of the Services or access to the Services;
- use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
- use any automated process or service (such as a bot, a spider, periodic caching of information or metasearching) to modify, access or use the Services, or to copy or scrape data from the Services;
- obtain (or try to obtain) any data from the Services or related hardware, except the data that we intend to make available to you; or
- use the Services or related software to design, develop, or update unauthorized software.
You can't use unauthorized software to access the Services, nor can you modify the provided software or information in any unauthorized way (e.g., tampered copies of Steam clients, add-ons developed for gameplay tampering, cheats or hacks, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or restricting access to the Service.
You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, distribute, or use for other purposes the Services, any application, or other content available or accessible through the Services. If you do, we may suspend your account and your ability to access the Services.
You must not leak or spread leaked confidential Fearless staff information, including anything from the staff sections of the forums, private staff meetings or any staff-topic related information. Committing leaking, leak spreading and/or refusing to assist in exposing culprits by for the former actions by withholding information may result in your account being suspended and/or rank being revoked, based on the severity of the case as well as your past history within Fearless or the Fearless staff team.
You must not breach or aid others in carrying out actions or procedures which violate CityRP rules, Fearless Forums rules, the Agreement or can bring harm to Fearless in any way. In case any of the listed rules or points have been breached or one has been aiding in carrying out anything seen as malicious or violating, appropriate disciplinary actions (in the form of suspensions) will be issued by Fearless Staff.
1.1. What services are covered by this Agreement?
You control who may access your content. If you share content in public areas of the Services or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Services, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Services to share your content.
2.2. What does Fearless do with my content?
You understand that Fearless may need, and you hereby grant to Fearless and its affiliates, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish and display content posted on the Services. These include your username, in-game character details, or other information you supply in connection with the content. These rights apply solely to the extent necessary to provide the Services.
2.3. What type of content is not permitted or restricted?
Content that violates this Agreement (which includes CityRP rules and the Forum rules) or your local law is not permitted on the Services. Fearless reserves the right to review content for the purpose of enforcing this Agreement. Fearless may block or otherwise prevent delivery of any type of communication to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce this Agreement. You must respect the rights of artists, authors, inventors and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their images. If you share content on the Services in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching this Agreement (and violating other rights and possibly the law). You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. We will not pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the Services at any time and for any reason, including if you breach this Agreement or we cancel or suspend the Services. Explicit content, such as pornography or other adult materials, is not permitted on our services, and you may not post or otherwise distribute this content on our services.
2.4. What limitations apply to my access and use of the content on Fearless?
We may disable access to Fearless and third-party content associated with your account for any reason. Some content and applications available on the Services may be unavailable from time to time or may only be offered for a limited time due various limitations. As such, you may not be able to re-download content. We do not agree to copying or mimicking our content in any way.
2.5. Does Fearless preserve my data and content?
We reserve the right to permanently delete your data from our servers if you breach this Agreement or the Services are suspended or canceled. We do not take any obligation to return data to you if you breach this Agreement or after the Services are suspended or canceled. Deleted data may be irretrievable.
4.0 General Legal Terms
4.1. Interpreting the Agreement
This is the entire contract between you and us (Fearless) regarding your use of the Services. It supersedes any prior agreements between you and Fearless regarding your use of the Services. All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement won't change.
4.2. Assignment and Transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services.
4.3. No Third-Party Beneficiaries
This Agreement is solely for your and our benefit, this Agreement does not create any enforceable rights by anyone other than you and Fearless's affiliates, successors, and assigns.
4.4. No Waiver
We enforce this Agreement and other rules set forth in this Agreement, and exercise our rights and remedies at our sole discretion. If we fail to enforce such rules, rights, or remedies in some instances, we do not waive our right to do so in other instances. These rules do not create any private right of action for you or any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4.5. Notices to Parties
You may notify us as stated in user support for the Services. This Agreement is in electronic form. We may send you information about the Services, additional information, and information the law requires us to provide in electronic form. We may provide required information to you by e-mail at the address you specified when you signed up for the Services or through the Services themselves. Notices e-mailed or communicated to you through the Services will be deemed given and received when the message is sent or posted. As long as you can access and use the Services, you will be able to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Services.
Fearless does not provide any purchases or subscriptions, nor does Fearless conduct any sales or other such financial transactions. We do accept donations, and are not required to provide any services in return, nor will we issue refunds. Fearless is not a business, we provide our Services to you without charge, and any and all donations are entirely optional.
We provide preset packages which we may provide you as a token of gratitude for your donation, however Fearless reserves to right to not provide these services at any time.
All donations are considered a gift to Fearless, and are acquired legally and taxed via our payment provider.
5.1. Usage of Donations
As stated in Section 5.0, all donations are optional on the user's behalf, and considered a gift. We are not required to provide any services in return for donations, though we have preset packages as detailed in Section 5.0.
5.2. Billing credentials
By making a donation to Fearless with a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate, and that you authorize Fearless to charge you for the agreed donation amount using your payment method.
5.3. Refund policies
Unless otherwise provided by law, all donations are final and non-refundable.
5.4. Suspended access
If you are suspended from accessing our services, either permanently or temporarily as a disciplinary action, we will not issue a refund for any donations, nor will provide compensation for loss of access. We will not delay issuing suspensions to suit your requirements.
5.5. Abuse of payment
You are not to abuse any methods of payment, such as falsely claiming a refund from our payment providers for your own personal benefit at the cost of Fearless. You are not to falsely make claims of fraud. Such actions will warrant permanent suspension from all Fearless services, without possibility of appeal. All cases of fraud or abuse of payment instruments will be reported to their maintaining financial institutions respectively.
6.0 No Warranties
FEARLESSRP AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." FEARLESSRP DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.
THE OWNER CAN NOT BE HELD RESPONSIBLE FOR ANY ACTION OF A PLAYER OR ANY EFFECT RECEIVED BY PLAYING THIS GAME.
7.0 LIABILITY LIMITATION
You cannot recover any damages from us, including consequential, special, direct, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this Agreement, for example:
- the Services;
- loss of any data;
- your content, third-party content (including code), third-party programs, or third-party conduct;
- viruses or other disabling features that affect your access to or use of the Services;
- incompatibility between the Services and other services, software, or hardware;
- delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Services in an accurate or timely manner; and
- claims for breach of contract, warranty, guarantee or condition; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment.
Fearless staff volunteer to maintain and ensure that you receive a Service providing you agree and follow all terms in the Agreement. They are not responsible for any faults that my occur (See: Sections 6 and 7), whether by technological error or human error.
8.0 Financial Notice
Fearless is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions Fearless does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services constitutes an offer or solicitation to buy or sell any security. Fearless does not recommend any particular financial products or services. Nothing contained in the Services is intended to constitute professional advice, including but not limited to, investment or tax advice.
As detailed in Section 5, Fearless is not a business and has no business model. All donations are considered a gift, and are acquired legally and taxed via our payment provider.
Terms of Service
This is an agreement between you and Fearless that describes your rights to use the software and services identified in Section 1.1 below. You should review the entire Agreement, including any linked terms, because all of the terms are important and together create this Agreement that applies to you. If you fail to read the agreement and ignorance of the terms or rules detailed within, you will still be held responsible for any breach of the terms or rules. It is not the fault of Fearless if you fail to read the agreement. If you do not agree to the terms or rules below, then your rights to use the software or services identified in Section 1.1 are void, and you may not use the services (Section 1.4).
Please note we do not provide warranties for the Services. This Agreement also limits our liability. These terms are in Sections 6 and 7. We ask that you read them carefully.