Terms of Use

Please read these Terms of Use (“Agreement”, “Terms of Use”) carefully before using TheFinalStandGame.com (“the Site”) operated by Hella Games Entertainment (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at TheFinalStandGame.com

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

Intellectual Property

The Site and its original content, features and functionality are owned by Hella Games Entertainment and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We ensure to display content on our website that is of our Intellectual Property (IP) only and that we make no claim of ownership of any IP we do not own.

If you use copyrighted material of origins other than your own you agree to assume all responsibility in relationship to such information and that all penalties in relationship to such works may be passed onto you by us in the event of an accusation. To avoid this only use content you create such as an avatar image for your forum account etc.

You agree that if requested that you will provide the necessary evidence of ownership of any IP you use if we suspect breach of rights of that IP.

Hacking/Stolen Information

You agree that you will not seek out any means of Hacking/Thievery in connection to any part of this website and/or its members.

You agree that you will immediately notify Us (Hella Games Entertainment) in the event that you come into awareness of suspicious/harmful activity on our site or suspect/find that your registration information, username or password or any other information you disclosed to us has been compromised or otherwise made known to any other person.

You also agree that while we use certain security measures to keep your information confidential that Hella Games shall not be responsible for any harm that you or any person may incur as a result of damages, data loss or security breach with respect to you and/or information you transmit to the site.

Account Creation

Where relevant you may be required to create an account with us and you agree that:

– you will not use vulgar or otherwise offensive names or information.
– all the information provided by you will be correct under law.
– you will avoid the use of any unauthorized information that is not owned by you under law.
– not to use false/fraudulent information about you and/or attempt any impersonation of information of another person.
– use the names and/or roles of anyone from Hella Games Entertainment for your account creation.
– you are solely responsible for protecting your information and will avoid sharing it with others unless necessary.

You agree to recognize that individuals who have an indicative symbol under their names such as “Lead Artist” or “Admin” and so on are directly affiliated with Hella Games Entertainment and have higher authority over all other standard users without these indicative symbols and to treat them with respect and authority.

You agree to assume full responsibility on your part for any interactions with all individuals on the site members or otherwise.

Donations

In the event where you use the Donate option you agree that;

– it is strictly a donation and not an agreement of exchange of services and/or products and will not hold us liable if certain conditions cause us failure to deliver whatever is promised.
– due to the nature of donations you are not entitled for a refund.
– you may be required to provide more information and/or create an account on our Website and/or 3rd party website in order to proceed with certain donations such as Kickstarter.
– to receive from us communications both electronic or physical including but not limited to notices, agreements, legal information and disclosures related to your donation.

Refunds of Purchase

Hella Games Entertainment does not provide refunds for digital products unless proof of purchase is presented together with proof of fault of the product and/or service in question.

Hell Games Entertainment only offers refunds for offered products (excluding donation products) if their is a fault with the product itself and is subject to availability where applicable and you agree we may ask further information from you so as to assure the product is truly faulty. You also agree that you the consumer cannot ask for a refund simply due to change of mind.

Delivery

You agree when purchasing a product(s) and/or giving a donation that the delivery time(s) listed are not a guarantee as to the expected delivery date and that delivery times are subject to the country and/or location as well as the Postal Services and/or Methods available to deliver said products. You agree that We are not responsible for any lost or stolen items and that it is your responsibility to ensure you take necessary actions such as the use of correct information such as postage and/or email as to minimize the risk of lost and/or damaged goods.

Eligibility

You agree that by using this website including but not limited to:

– purchasing a product(s).
– using any of our Services.
– proceeding with the Rewards.
– creating an account with us.

That you are Legally over the age of 18 or the Legal Age in your country and that you are the account holder for all proceeding transaction(s).

You also agree that the information provided by you to us is lawfully accurate and the information provided is correct and that we are not responsible for incorrect information and thus cannot offer warranties and/or refunds of any kind for the representation of incorrect information.

To our discretion we may take action in events in which we suspect that individuals are not offering truthful and/or legal information and this action includes but is not limited to refusing account creation, locking accounts and/or banning etc.

Assignment

You may not transfer or assign any rights or obligations you have under this agreement without Hella Games prior written consent.

Hella Games Entertainment reserves the right to transfer or assign this agreement or any right or obligation under this Agreement at any time.

Disclaimer, Warranties & Liability

All content on this website including but not limited to The Game (The Final Stand), services and/or products as well as rewards are provided “AS IS” & “As Available” and at your sole risk.

To the maximum extent of the law Hella Games Entertainment disclaims all warranties of any kind, whether express or implied including, without limitation :

– The implied warranties of merchantability, Fitness for particular use or purpose, Title and non-infringement.

Without limitation Hella Games makes no warranty that:

– This Website, The Rewards, The Game (The Final Stand), our products and/or services including but not limited to quality, information or other material provided will meet your requirements and/or expectations.
– That your foregoing use will be uninterrupted, timely, secure or otherwise error-free & that the results obtained from the use of the foregoing or any information found thereon will be accurate or reliable.

In no event shall Hella Games Entertainment, nor any of its respective employees or affiliates be liable under conditions such as contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the donations or distribution of the game for any:

– Lost profits, data loss, cost of procurement of substitute goods and services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (however arising), for any bugs, viruses, Trojan horses, or the like (regardless of source), or for any direct damages in excess of (in the aggregate) Twenty U.S dollars ($20.00).

Some state or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not always apply to you.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Hella Games Entertainment.

Hella Games Entertainment has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Your Acceptance

By using this site you agree to follow the guidelines presented within this agreement and that No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this agreement.

Hella Games shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys’ fees where applicable.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site and if you have an account with us we will send you an email. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contacting us

If you have any questions, concerns or queries about any part of this Terms of Use please contact us at: [email protected]

This Agreement was last modified on February 15, 2014.