By using and/or purchasing from the DesiredCraft website, www.desiredcraft.net, ("Website"), the DesiredCraft Minecraft Network ("Server"), or any services of Desired Studios ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.desiredcraft.net/tos
Violation of any of the terms below will result in the termination of your Account. While Desired Studios prohibits such conduct and Content on the Service, you understand and agree that Desired Studios cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Desired Studios cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Cancellation and Termination
You are solely responsible for properly canceling your account.
All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Desired Studios, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Desired Studios reserves the right to refuse Service to anyone for any reason at any time.
Modifications to the Service and Prices
Desired Studios reserves the right to change it's products and prices at any time. We reserve the right to make any changes to your playing experience on the Service at any time.
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Desired Studios shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All sales are final, you may not buyback, stop, credit the server by any means necessary in order to receive your funds back that of which have been paid. And in doing so we reserve the right to disallow your continued play on the server/forums and not allow further funds to be added or taken away. We reserve the right to pursue any legal or collection action necessary to recover damages in the event of a forced charge-back.
We do not offer refunds under any circumstances. If you have not received your product within 24 hours, please contact customer support.
In some cases, we do offer exchanges for other DesiredCraft products, of same value, if you have bought the wrong item. Please contact customer support for more information.
Copyright and Content Ownership
We claim all intellectual property rights of any work, software, material, and other products or services you provide to the Service.
Desired Studios does not pre-screen Content, but Desired Studios and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Desired Studios against any claim, demand, suit or proceeding made or brought against Desired Studios by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Desired Studios for any damages finally awarded against, and for reasonable attorney's fees incurred by, Desired Studios in connection with any such claim, demand, suit or proceeding; provided, that Desired Studios (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Desired Studios of all liability); and (c) provides to You all reasonable assistance, at Your expense.
You understand that Desired Studios uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Website, Service, or Desired Studios.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Desired Studios.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Desired Studios customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Desired Studios does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Desired Studios shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Desired Studios has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of Desired Studios to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Desired Studios and govern your use of the Service, superseding any prior agreements between you and Desired Studios (including, but not limited to, any prior versions of the Terms of Service).