Conquered Self user terms and conditions of use of Conquered Self Systems and Services (Rev3_053017)
Your use of Conquered Self systems and services constitutes your acceptance to the following Conquered Self user terms and conditions.
Your privacy is very important to us. The following section describes how you can use Conquered Self to interact with others and how Conquered Self collects and can uses your activity, content and information in your use of the Conquered Self systems and services. We encourage you to read this document and to use it to help you make informed decisions.
What kinds of information do we collect?
Depending on which Conquered Self systems and services you use, we collect different kinds of information from or about you and your activities on and with Conquered Self systems and services and other users of Conquered Self systems and services.
Things you do and information you provide:
Conquered Self collects information regarding your activities on and with Conquered Self systems and services including but not limited to your log in, your Internet Protocol address (IP address), your location, your language, your activity, any content and other information you provide when you use Conquered Self systems and services, when you sign up for an account, create, share, message, communicate with and otherwise interact with other Conquered Self users, your account preferences and your activities within and use of Conquered Self systems and services.
Conquered Self may also collect information about how you use our Services, such as the types of content you view or interact with, the timing, location, frequency and duration of your activities. Conquered Self may also collect information from your computer or other device and applications on your computer or user device used to access Conquered Self systems and services, such as cookies from a browser and other user data reflecting how you use Conquered Self systems and services. Conquered Self may store such collected information for an indefinite period of time.
Things others do and information they provide:
Conquered Self also collects content and information that other people provide when they use Conquered Self systems and services, including information about you, such as when they communicate or otherwise interact with or identify you in a post or comment, send a message to you, or upload, sync or import your contact information.
Your networks and connections:
We collect information about the people and groups you are connected to and how you interact with them, such as, but not limited to, the other Conquered Self users that you communicate with the most or the War Categories you like to engage in. Conquered Self also collects contact information you provide, if you upload, sync or import this information, such as address book information from a device.
Information about payments:
If you make a financial transaction to use our services (such as when you enlist for a war on Conquered Self), we and/or our third-party payment service (such as www.paypal.com or similar service) may collect information about the purchase or transaction. The collected information about the purchase or transaction may include your payment information, such as your credit or debit card number and other credit and debit card information and other account and authentication information, as well as billing, shipping and contact details.
We collect information from or about the computers, phones, or other devices (devices) where you install or use to access Conquered Self systems and services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. The device information we collect may include, but is not limited to:
Device attributes such as the operating system, hardware version, device settings, file and software names and types, battery status, signal strength and available data bandwidth and device identifiers.
Device locations, including specific geographic location data, such as through GPS, Bluetooth and/or WiFi signals.
Device connection information such as the name of your mobile service provider, and/or Internet Service Provider, Internet browser app, language, time zone, mobile device identifier such as mobile phone number or mobile device IP address.
We use the collected information about you to provide, maintain, and improve the Conquered Self systems and services, help protect the safety of Conquered Self and Conquered Self users, which may include blocking suspected spammers, addressing abuse, and enforcing these terms and conditions of use of Conquered Self. The collected information about you is also used to send you technical notices, updates, security alerts, invoices and other support and administrative messages. The collected information about you helps us provide customer service and to communicate with you about products, services, offers, promotions, and events, and provide other news and information Conquered Self thinks may be of interest to you. Collecting information about you also helps Conquered Self monitor and analyze trends, usage, and activities in connection with Conquered Self systems and services and personalize Conquered Self systems and services and provide advertisements, content and features that match user profiles or interests.
III. Sharing Your Content and Information
You own all of the content and information you post on Conquered Self. In addition:
1. For content that may be covered by intellectual property rights, such as your posted comments, photos, videos, linked articles, (IP content), you specifically grant Conquered Self the following permission, subject to your user preferences: you grant Conquered Self a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Conquered Self (IP License). This IP License ends when your account or your IP content has been deleted unless your IP content has been shared with others, and they have not deleted it.
2. When you delete your IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Deleting IP content from the Conquered Self systems does not delete IP content from other users that may have downloaded your IP content from Conquered Self systems or otherwise saved your IP content.
3. When you publish any content or information on Conquered Self, it means that you are allowing all Conquered Self users capable of accessing the published content and information to access and use that content and information, and to associate it with you (i.e., your username and profile picture).
4. Conquered Self appreciates your feedback or other suggestions about Conquered Self, but you understand that Conquered Self may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer your feedback or other suggestions).
5. When other Conquered Self users view your user profile, they will be able to see at least some of the collected information about your activities on Conquered Self systems and services, such as your username, prior actions and participations, comments, karma, trophies, moderator status, ranking, history and how long you have been a member of Conquered Self.
6. Conquered Self will not share your personal information and the collected information about your activities on Conquered Self systems with third parties except as it may relate to:
a) Supplementing advertisers and research entities (such as universities) for conducting studies to provide more relevant resources and tools to assist users in their use of the Conquered Self systems.
b) If you provide permission to provide such information to such third parties such as if you participate in contests, sweepstakes, promotions, special offers, or other events or activities in connection with Conquered Self systems and services, we may share information with entities that partner with us to provide these offerings.
c) Conquered Self may share collected information about you (and will attempt to provide you with prior notice, to the extent legally permissible) in response to a request for such information, if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements.
d) Conquered Self may share all or a portion of collected information about you in response to an emergency, if we believe it's necessary to prevent imminent and serious bodily harm to a person.
e) Conquered Self may share all or a portion of collected information about you, if we believe your actions are inconsistent with our user agreements, rules, or other Conquered Self systems and services policies, or to protect the rights, property and safety of ourselves and others.
f) Conquered Self may share all or a portion of collected information about you with your consent or at your direction.
g) Conquered Self may share all or a portion of collected information about you between and among Conquered Self, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership. By way of example, Conquered Self may use all or a portion of collected information about you for improving the Conquered Self systems and services, conducting clinical studies with universities and industry partners, conducting user testing, machine learning development, studying user behavioral patterns and Conquered Self activity success rates.
h) Conquered Self may share aggregated user information for analytical purposes to help analyze usage and traffic for Conquered Self systems and services. As an example, Conquered Self may use analytics partners to analyze and measure, in the aggregate, the number of unique visitors to Conquered Self systems and services.
7. Conquered Self may provide you with tools and preference settings that allow you to access, correct, delete, and modify information associated with your account and your information sharing preferences.
8. You may opt out of receiving promotional communications from Conquered Self by following the instructions in those communications. If you opt out, Conquered Self may still send you non-promotional communications, such as information about your account or your use of Conquered Self systems and services.
9. With your consent, Conquered Self may send promotional and non-promotional notifications or alerts to your mobile device, including SMS, text, email and similar messages. You can deactivate these messages at any time by changing the notification settings on your account settings.
Conquered Self does our best to keep Conquered Self systems and services safe, but we cannot guarantee it. We need your help to keep Conquered Self systems and services safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam or any other commercial offers) on or through or otherwise using Conquered Self systems and services, in any manner.
2. You will not collect users' content or information, or otherwise access Conquered Self systems and services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior permission of Conquered Self.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on or through or otherwise using Conquered Self systems and services, in any manner.
4. You will not upload viruses or other malicious code to Conquered Self systems and services.
5. You will not solicit login information or access an account belonging to anyone else.
6. You will not bully, intimidate, or harass any Conquered Self user.
7. You will not post to Conquered Self systems and services any content that: includes hate speech, threats, or pornography or incites or threatens violence or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Conquered Self systems and services to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Conquered Self systems and services, such as a denial of service attack or interference with page rendering or other Conquered Self functionality.
11. You will not facilitate or encourage any violations of this Conquered Self user terms and conditions or Conquered Self policies.
V. Registration and Account Security
Conquered Self users are not obligated to provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to Conquered Self relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Conquered Self, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If your account is disabled by Conquered Self for any reason, you agree you will not create another account without prior permission of Conquered Self.
4. You will not use the forum areas (such as, but not limited to, Battlefield and Barracks areas) for your own commercial gain, and agree you will not use yours or anyone else’s Conquered Self account for such purposes.
5. You will not use Conquered Self if you are under 13.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without prior written permission from Conquered Self.
9. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim the selected username or identifier for your account if Conquered Self believes the selected username or similar identifier for your account is inappropriate or may infringe another’s rights to the selected username or identifier for your account (such as when a trademark owner complains about a username that does not closely relate to a user's actual name and/or may infringe the trademark owner’s marks or other IP).
VI. Protecting Other People's Rights
Conquered Self respects other people's rights, and expect Conquered Self users to do the same.
1. You will not post content or take any action on Conquered Self that infringes or violates someone else's rights or otherwise violates the law.
2. Conquered Self reserves the right to remove any content or information you post on Conquered Self if we believe that it violates this Conquered Self user terms and conditions or our policies.
3. Please contact Conquered Self is you believe your intellectual property rights have been violated on Conquered Self (see DMCA provisions, as set forth below).
4. If Conquered Self removed your content for infringing someone else's intellectual property, and you believe Conquered Self removed your content by mistake, Conquered Self will provide you with an opportunity to appeal the removal of your content.
5. If you repeatedly infringe other people's intellectual property rights, Conquered Self may disable your account when deemed appropriate at the sole discretion of Conquered Self.
6. You will not use Conquered Self’s copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by Conquered Self or with prior written permission of Conquered Self.
8. You will not post anyone's identification information in any form or financial information on Conquered Self.
9. You will not tag users or send email invitations to non-users without their consent.
VII. Mobile and Other Devices
1. Conquered Self offers access to Conquered Self systems and services via your mobile device for free, but please be aware that your mobile device carrier's normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Conquered Self within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You hereby consent and grant all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Conquered Self.
If you make a payment on Conquered Self, you agree to Conquered Self Payment Terms unless otherwise stated. Conquered Self Payment Terms include:
Conquered Self users will be charged for enlisting in a war via online payment services such as PayPal. These payment transactions are considered final unless the Conquered Self systems and services fails to provide the user with the purchased, intended service. An example of Conquered Self systems and services failing to provide the user the purchased, intended service includes when a user enlisted in a war that does not start for 75 days due to lack of minimum required participants. Conquered Self may, at Conquered Self’s discretion, refund users for such situation or provide a participation credit for redeemable for user’s future participation in Conquered Self systems and services.
IX. Product Promotions and Other Commercial Content on Conquered Self
Our goal is to deliver product promotions and other commercial or sponsored content that is valuable to Conquered Self users. In order to help us do that, you agree to the following:
1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served by Conquered Self. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardians also agrees to this section on your behalf.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
X. Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or Conquered Self gives you express, prior written permission.
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use Conquered Self Services.
2. If we make changes to Conquered Self user terms and conditions, policies, guidelines or other terms referenced in or incorporated by this Conquered Self user terms and conditions, we may provide notice to Conquered Self users.
3. Your continued use of the Conquered Self Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended Conquered Self user terms and conditions, policies or guidelines.
If you violate the letter or spirit of this Conquered Self user terms and conditions, or otherwise create risk or possible legal exposure for Conquered Self, we can, at Conquered Self’s sole discretion, stop providing all or part of Conquered Self services to you. We will notify you by email or at the next time you attempt to access your account. You may also request to delete your account and/or disable your Conquered Self application at any time. In all such cases, this Conquered Self user terms and conditions shall terminate, but the following provisions will still apply: III-VI, X.3, and XII-XVI.
1. You will resolve any claim, cause of action or dispute (claim) you have with Conquered Self arising out of or relating to this Conquered Self user terms and conditions or Conquered Self exclusively in the U.S. District Court for the Texas or a State court located in Texas, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Texas will govern this Conquered Self user terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against Conquered Self related to your actions, content or information on Conquered Self, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Conquered Self and are not responsible for the content or information users transmit or share on Conquered Self. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Conquered Self. We are not responsible for the conduct, whether online or offline, of any user of Conquered Self.
3. WE TRY TO KEEP CONQUERED SELF SYSTEMS AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE CONQUERED SELF SYSTEMS AND SERVICES AT YOUR OWN RISK. WE ARE PROVIDING CONQUERED SELF SYSTEMS AND SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CONQUERED SELF SYSTEMS AND SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT CONQUERED SELF SYSTEMS AND SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CONQUERED SELF IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. THIS GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. CONQUERED SELF WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONQUERED SELF USER TERMS AND CONDITIONSOR CONQUERED SELF SYSTEMS AND SERVICES, EVEN IF CONQUERED SELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONQUERED SELF’S AGGREGATE LIABILITY ARISING OUT OF THIS CONQUERED SELF USER TERMS AND CONDITIONSOR CONQUERED SELF SYSTEMS AND SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CONQUERED SELF’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XIV. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Conquered Self outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Conquered Self (such as advertising or payments or operate a website or otherwise use Conquered Self services. You will not use Conquered Self if you are prohibited from receiving products, services, or software originating from the United States.
1. By " Conquered Self " or” Conquered Self Services” we mean the features and services we make available, including through (a) our website at www.ConqueredSelf.com and any other Conquered Self branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Conquered Self reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Conquered Self systems and services or provide data to Conquered Self.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Conquered Self.
4. By "content" we mean anything you or other users post, provide or share using Conquered Self systems and services.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Conquered Self or provide to Conquered Self through your use of or other interaction with Conquered Self systems and services.
6. By "post" we mean post or comment or other user provided content on Conquered Self or otherwise make available by using Conquered Self.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "application" we mean any application or website that uses or accesses Conquered Self systems and services, as well as anything else that receives or has received data from Conquered Self. If you no longer access Conquered Self systems and services but have not deleted all data from Conquered Self, the term application will apply until you delete the data.
9. By “Trademarks” we mean any trademarks held by Conquered Self.
1. This Conquered Self user terms and conditions is an agreement between you and Conquered Self, LLC, a Texas limited liability company, having an address at 3333 Allen Parkway, Unit 3004, Houston Texas 77019. References to “Conquered Self,” “us,” “we,” and “our” mean Conquered Self LLC.
2. This Conquered Self user terms and conditions makes up the entire agreement between the parties regarding Conquered Self systems and services, and supersedes any prior agreements.
3. If any portion of this Conquered Self user terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Conquered Self user terms and conditions, it will not be considered a waiver.
5. Any amendment to or waiver of this Conquered Self user terms and conditions must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Conquered Self user terms and conditions to anyone else without our consent.
7. All of our rights and obligations under this Conquered Self user terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Conquered Self user terms and conditions shall prevent us from complying with the law.
9. This Conquered Self user terms and conditions does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing Conquered Self systems and services.
12. A Conquered Self user may request to delete their account at any time by submitting a request to Conquered Self. When your account is deleted, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that your interactions, posts, comments, and messages you submitted prior to deleting your account may still be visible to others, unless you delete such content. Conquered Self may also retain certain information about you as required by law or for legitimate business purposes after your account has been deleted.
13. DMCA: Conquered Self will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and Conquered Self retains the right to remove user content on Conquered Self systems and services that we deem to be infringing the copyright of others. If you become aware of user content on Conquered Self systems and services that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Conquered Self. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to Conquered Self’s Copyright Agent at: legal@ConqueredSelf.com
a) Please send Conquered Self’s Copyright Agent the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
b) If we remove your user content in response to a copyright or trademark takedown request, we will notify you via your email contact information in your user account and offer to provide you with a copy of the take down notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
c) Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on Conquered Self before that period passes, we will consider restoring your user content to the site.
d) Conquered Self reserves the right to terminate accounts of repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.