Website Terms & Conditions of Use

REGISTRATION, ACCOUNT AND PASSWORD

In order to use and access warchestgames.com you will need to register. To register you will need to submit certain information and choose a User Name, and a Password.

The User Name and Password chosen by and issued to you upon registration with WarChest is personal to you so that you can use and access warchestgames.com.

You agree, accept and understand that:

• you must ensure that all information held about you by WarChest is up to date
• you can amend your registration details at any time through warchestgames.com
• you are and shall remain responsible for maintaining the confidentiality of your User Name and Password
• you are solely liable for any use of warchestgames.com using your User Name Password
• you must not disclose your Password to any other person

DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WARCHEST IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.IF YOU THINK YOUR USER NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY, YOU MUST INFORM WARCHEST IMMEDIATELY.

You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify WarChest against any loss or damage incurred by WarChest and any third parties who may suffer damage as a result of the information that you have supplied.

RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

Subject to these terms and conditions and your compliance with them, WarChest grants you a non-exclusive, non-transferable, personal, limited licence to access and use warchestgames.com solely for your private, non-commercial, personal use only.

This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of warchestgames.com.

You may not transfer, sub license or deal in this right without WarChest's prior written permission.

These terms and conditions and the rights granted by them do not give you any title or rights of ownership in warchestgames.com and should not be deemed a sale or transfer of any copyright or other right.

Unless otherwise expressly specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in warchestgames.com belong to and vest in WarChest, or are licensed to WarChest.

All intellectual property rights of WarChest are hereby asserted and reserved.

All third party trade names and trade marks are the property of their respective owners and WarChest makes no warranty or representation in relation to them.

WarChest does not claim or assert any right title or interest in any third party Communications.

RESTRICTIONS AND OBLIGATIONS

You agree to comply with these terms and conditions and all rules applicable to the use of warchestgames.com.

Notwithstanding any other provision of these terms and conditions you agree and undertake not to:

• hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of warchestgames.com or any part of it
• remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in warchestgames.com
• create software which mimics any data or functionality in warchestgames.com
• use or deal in warchestgames.com except as permitted by these terms and conditions
• use your access to warchestgames.com, or information gathered from it, for the sending of unsolicited bulk email
• make any public, business or commercial use of warchestgames.com or any part of it
• provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to warchestgames.com without WarChest’s prior written permission
• make warchestgames.com or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to warchestgames.com or showing it to other people)
• display, publish, copy, print, post or otherwise use warchestgames.com and the information contained therein for the benefit of any third party or web site
• use or process warchestgames.com or any part of it unfairly or for any illegal or immoral purpose
• delete or obscure any copyright or other proprietary notice on warchestgames.com

FORUM AND COMMUNICATIONS

warchestgames.com is an entertainment service and ancillary to this WarChest is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.

The views expressed in any Communications are the views of the individual authors and not those of WarChest unless specified otherwise by WarChest.

WarChest is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.

By using warchestgames.com you acknowledge that WarChest has no responsibility to review the content of any Communications and that all Communications are made available on the basis that WarChest is not required to and does not exercise any control or judgement of their content.

Notwithstanding the foregoing WarChest shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.

You agree that WarChest may use, publish, edit, modify and adapt your Communications for any and all purposes relating to warchestgames.com and the business of WarChest and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications.

You agree and undertake that you will not make any Communication or post to or transmit to warchestgames.com any statement or material, nor use warchestgames.com in any way, that:

• is unlawful or which gives rise to civil or criminal liability
• promotes any illegal or unlawful activity
• infringes any copyright or other intellectual property right of any third party or assists infringement or piracy
• includes any computer virus, worms, logic bombs or other malicious software or technically harmful data
• is abusive, pornographic, defamatory, discriminatory or obscene
• harasses, bullies, threatens or intimidates any person
• markets or promotes any third party
• interferes with another user's use and enjoyment of warchestgames.com
• impersonates any moderator, administrator or any staff or other persons connected with WarChest
• infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity
• includes restricted / password protected content or materials
• exploits any other person
• solicits passwords or personal information
• provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses
• contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian)
• tries to gain unauthorized access to any computer, servers or any part of warchestgames.com including its servers, network and the computers of other users
• tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of warchestgames.com
• engages in or solicits commercial activities or sales without WarChest’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes
• refers to any material that is inappropriate
• seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect
• contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
• solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing

If you discover any material which you believe contravenes these terms and conditions please inform WarChest or a forum moderator with details of the page you found it on.

It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. WarChest has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using warchestgames.com and its services you accept that this is the case and accept that you therefore use warchestgames.com at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.

You acknowledge and agree that, if necessary, WarChest will communicate with you via the email address you have provided to WarChest. Notices that are applicable to all of WarChest’s customers shall be made available on the warchestgames.com websites or otherwise within warchestgames.com. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.

All emails sent by WarChest and attachments thereto are intended for the addressee only.

LIABILITY

WarChest provides and maintains warchestgames.com for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.

External Sites have not been verified or reviewed by WarChest and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which warchestgames.com links.

WarChest gives no other warranty in connection with warchestgames.com and to the maximum extent permitted by law, WarChest excludes liability for:

• any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which WarChest has been made aware of
• the accuracy, currency or validity of information and material contained within any Communications or warchestgames.com
• any interruptions to or delays in updating warchestgames.com
• any incorrect or inaccurate information on warchestgames.com
• the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of warchestgames.com
• the availability, quality, content or nature of External Sites
• any transaction involving External Sites
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading warchestgames.com, or any Communication
• all representations, warranties, conditions and other terms and conditions which but for this notice would have effect

WarChest does not warrant that the operation of warchestgames.com will be uninterrupted or error free.

WarChest will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of warchestgames.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute warchestgames.com.

You hereby indemnify, defend and hold WarChest and WarChest’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of warchestgames.com any Communications and any use of your membership account. You shall use your best efforts to cooperate with WarChest in the defence of any claim. WarChest reserves the right, at WarChest’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

TERMINATION

Without limiting to any other rights it may have WarChest may remove, restrict, cancel or suspend access to and use of warchestgames.com and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.

GAMES

You may be able to download games (“Games”) from warchest.com.

Following their official release, downloadable Games will be free to download and play, however before then we may charge for early access.

It may also be possible to buy physical copies of Games.

All Games downloaded (or if relevant purchased) through warchest.com shall be subject to the applicable end user licence terms, which shall be deemed incorporated into any Order or purchase and by Ordering, purchasing, downloading installing or using any Game you are deemed to accept them.

PURCHASES

You may purchase things through warchest.com, including services such as early access to Games and in Game features such as virtual items (“Game Services”), as well as products, such as physical copies of Games and merchandise, (“Physical Products”). You may do so as follows:

• When you place an order for a Game Service or Physical Product ("Order") this will be deemed an offer to buy the Game Service or Physical Product for the price stated, subject to these terms and conditions.
• After you have submitted your Order WarChest will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that WarChest will be able to meet your Order.
• In the case of Game Service s, once WarChest has sent the confirmation email WarChest will (if the Game Service is available) make the Game Service available to you. Once you have started to use the Game Service (such as by downloading, installing or using the applicable software or element of a Game Service) then a binding contract will exist.
• In the case of Physical Products once WarChest has sent the confirmation email WarChest will (if the Physical Product is available) send the product to the address stated in the Order process.
• After you have submitted your Order WarChest will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that WarChest will be able to meet your Order.

PRICE AND PAYMENT

• Payment is due from the moment an Order is accepted.
• Payment may be made as set out on the payment page of warchest.com, by Paypal, credit card, debit card or any other such method as WarChest may introduce in its sole discretion.
• WarChest aims to debit money from your account within three working days after receiving your Order.
• WarChest reserves the right to accept or refuse any payment made in any form.
• Prices are quoted in UK pounds, Euros or US Dollars depending on your geographical location. You must pay in the currency in which the price is quoted. If you do not hold an account in the relevant currency you your payment provider / Card Company should exchange the amount charged to the currency of your country at the current rate.
• You will not be charged for any Orders that cannot be fulfilled and where appropriate WarChest will re-credit to your account any sum debited by WarChest.
• WarChest cannot guarantee that a particular Game, Game Service or Physical Product will always be available.
• Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to WarChest’s privacy policy regarding use of your data (including credit card data).
• Your credit card company may also do security checks to confirm it is you making the Order.
• All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
• Your statutory rights are unaffected by these terms and conditions.
• The Help Section tells you how to download, install and use Games and Game Services.

RETURNS, REFUNDS AND CANCELLATION

• The purchase of a Game Service through warchest.com is a service that commences when you or WarChest start to use the Game Service. For example, this may be by downloading, installing or using the applicable software or element of a Game Service (such as the Game that you have bought early access to) to your computer or other hardware device - following which you shall not be entitled to cancel your Order.
• If you cannot use a Game Service due to an error or fault, please contact WarChest as set out below and WarChest will endeavour to correct the error or fault, provide you with access to applicable replacement software or Game Service components - and if WarChest is unable to do so you may be entitled to a refund.
• If you change your mind about a Physical Product at any time within 14 working days of delivery of the Physical Product to you, you may cancel your Order and receive a full refund PROVIDED THAT (i) the Physical Product is not sold as part of a bundle including any Game Service or other services; (ii) is not customised for you in any way; and (iii) you notify us within that time and return the Physical Product to WarChest in its original condition, unused and with its original packaging.
• In the event a Physical Product is faulty or defective, please contact WarChest as set out below and WarChest will provide you with a replacement copy or a refund.

ERRORS AND CHANGES

• IMPORTANT: WarChest tries very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.
• If WarChest discovers an error that affects you, WarChest will notify you as soon as possible.
• In those circumstances WarChest reserves the right to cancel or suspend a transaction until the error is corrected and will use all reasonable efforts to ensure the same error does not reoccur and that it is rectified as quickly as possible.
• WarChest may cancel any Order or sale and not supply the applicable Game Service or Physical Product if it is reasonable to do so (including without limitation in the event of mistake). WarChest may also change or discontinue the availability of any Game, Game Service or Physical Product at any time in its sole discretion.
• WarChest may decide in its sole discretion where and when to make Games and Game Services available and whether or not to charge for them.

PROMOTIONS

• Where you have a valid promotion code, the following additional terms and conditions apply on the discounts:
• When more than one promotion is running at the same time – only the highest value offer will be valid and no promotion, offer or discount may apply in conjunction with any other offer.
• Discounts will only be available on Order values over the amount stated in the applicable promotion.
• Discounts are only valid until the date published.
• Discounts are only redeemable for purchases made on warchest.com.
• Discounts are not refundable.
• Only one discount may be used per customer per transaction.
• WarChest reserves the right to end any discounts at any time including prior to the advertised end date without notice.

GENERAL

These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit WarChest’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.

All questions, comments or enquiries should be directed by email to tos@warchestgames.com.

These terms and conditions constitute the entire agreement between you and WarChest and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.

Use of the word “including” in these terms and conditions means including without limitation.

Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.

If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

warchestgames.com operates from the United Kingdom. Warchest has taken reasonable steps to make sure that it complies with the regulatory regime and local laws of other countries. If you are concerned that it does not please contact Warchest as described below.

Use of WarChest and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

CONTACT INFORMATION

All questions, comments or enquiries should be directed by email to WarChest at tos@warchestgames.com

We will endeavour to respond to any query or questions within two business days.