As a player (user) of the TBA world you automatically agree to follow, in their entirety the rules stated below. If you are under the age of 14 a parent or guardian must read, understand and agree to the terms on your behalf. The parent or guardian accepts full responsibility for your actions in the virtual world and understands the risks involved.
IMPORTANT: TBA (www.tbadventure.com) is a virtual online world. This means, players of all ages can interact with each other. Regardless of our greatest attempt to block much of the content players can pass to each other, it is impossible to monitor and follow up every case. In cases whereby you wish to express a concern of a player in the world of TBA please email us directly on: sales@digitil.co.uk, addressing the concern in detail and of course indicating the player name.
DIGITIL ENTERTAINMENT OFFERS NO WARRANTY AND MAY NOT BE HELD RESPONSIBLE FOR ANY RESULT OF OTHER PEOPLE'S ACTIONS WITHIN THE VIRTUAL WORLD OF TBA.
ALL PLAYERS ARE ASKED TO FOLLOW A COMPULSORY SET OF RULES, LISTED BELOW
1) You will respect other players, help them where possible and maintain a joyful and optimistic feeling in the world.
2) You WILL NOT UNDER ANY CIRCUMSTANCES give your Home address, Email address, telephone number or any other contact or personal information to any other players no matter how well you know them INCLUDING ADMINS.
3) You will repect the Admins or Moderators who are there to help you. You will not abuse or intentionally aggrovate any member of staff. You will respect their decisions and seek to maintain their wishes in their entirety. Members of staff are clearly indicated with a different coloured name tag.
4) You will report admins who you feel to be un-suitable for any of the following reasons: Verbal abuse in any form, abusing their power, using the admin functions to their own advantage, teleporting players to places they wish not to go, attempting to break the security of the TBA website or Game, continually killing other players, un-authorised banning or giving their own email or home address/telephone number in game.
5) You understand the game TBA is provided to you on an AS-IS AS AVAILABLE BASIS and under no circumstances do we warrant it's availability.
6) You understand your account is property of Digitil Entertainment and we may delete, remove or change any element of your account at any time without any notification. You will accept these changes without question.
7) Should you be banned for any reason you have no right to create a new account. But you may appeal the ban by contacting us.
8) We are never held responsible for any extra charges incurred by your ISP (internet provider) or any other company for that matter by playing TBA or accessing this website.
9) The game TBA is Copyrighted under international law and under no circumstances are you allowed to copy any element of the game, website or coding.
10) You will not create videos of the TBA game without prior permission
11) You will not spam or abuse your ability to post messages in the TBA Forums. You will respect the admins' decisions to move or change any posts.
12) You will not try to exploit the website using HTML coding, SQL Injection or any other form of attack to the website or game. These are all monitored and an instant ban will occur should you try.
13) You will not attempt to decompile or replicate the game client in any form.
14) You will not attempt to reproduce a server for the TBA Game client in any shape or form.
15) You will not try to sell TBA unless otherwise authorised in writing by Digitil Entertainment to do so.
16) You will not pester the admins on the subject or becoming an admin, you will instead visit the website and complete your admin request as everyone else does.
17) You will not attempt to learn the TBA Language and Scripting base unless otherwise authorised to do so in writing.
18) You permit Digitil Entertainment to secure your details given when signing up. You understand that our systems collect information regarding your IP Address, Operating system, Flash, Java and browser names/versions as well as your location (to the Address of your internet provider) for our records. None of this information infringes or exposes your personal information and is all available to you safely.
19) Should you NOT agree to these rules you will STOP PLAYING, or close this website without registering.
20) TBA, and TBA Staff can at our discretion ban your account for any reason we deem reasonable, regardless of whether you are a member or not. Should your account be permenantly banned we will not issue a refund to you.
21) Should TBA be taken offline for any reason we will not refund any portion of your membership payment unless it is within the 28-day money back guarantee period.
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1. General
All software, including the TBA client, website, graphics, concept, design, server coding or any other copyrightable material (Collectively, "TBA Software") is property of Digitil Entertainment and protected by International and UK Copyright Laws. Digitil Entertainment reserves all rights to TBA. TBA will be used as reference to Digitil Entertainment, the Owners Attilio Infante Peter Warbis and any other creditors/investors in TBA.
2. License and Restrictions.
Digitil Entertainment hereby grants you a non-exclusive license use of TBA Software on the TBA website for personal, non-commercial use only. Digitil Entertainment may configure TBA Software with certain tags that identify the version of TBA Software being used, which permit TBA to update this version without further notice to you. TBA shall have the right to poll your user account for the purpose of adding updated versions of TBA Software or to delete such versions automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy TBA Software; b) modify, translate or create derivative works based on TBA Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce TBA Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates TBA Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that TBA Software is not intended for use in connection with any high risk or strict liability activity and TBA makes no warranty and shall have no liability in connection with the use of TBA Software in any such situations.
3. DISCLAIMER AND LIMITATION OF LIABILITY (NO WARRANTY)
THIS SITE TBADVENTURE.COM AS WELL AS ANY OTHER SITES LINKED TO OR FROM THESE PAGES AND ALL MATERIALS CONTAINED ON THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIGITIL ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIGITIL ENTERTAINMENT DOES NOT WARRANT ANY OF THE TBA WEBSITE OR MATERIALS CONTAINED WITHIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS POWERING THE GAME ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.THERE IS NO WARRANTY FOR ANY CONSEQUENCES CAUSED BY THE GAME TO YOU/YOUR CHILD, COMPUTER SYSTEM OR ANY PROPERTY WHATSOEVER. DIGITIL ENTERTAINMENT CANNOT WARRANT ANY EXTRA CHARGES PERHAPS INCURRED BY YOUR ISP AND WILL NOT UNDER ANY CIRCUMSTANCES REFUND ANY CHARGES INCURRED WHATSOEVER BY THE USE OF THE GAME AND WEBISTES FOR TBA. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE UK LAW, DIGITIL ENTERTAINMENT, TBA, TBADVENTURE OR ANY STATED NAMES, ADVERTISORS, THE PRODUCERS A INFANTE & P WARBIS, NOR ANY OF THE TALENTED ARTISTS WHO HELPED WITH TBA AND MEMBERS OF THE ADMIN TEAM AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED WITHIN THIS SITE OR THE GAME ITSELF.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DIGITIL ENTERTAINMENT HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF TBA Software, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TBA Software
5. Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Limitation on Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, TBA Software OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH TBA Software, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF TBA Software, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TBA Software. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO TBA FOR TBA Software, IF ANY, FOR ACCESSING TBA Software OR £50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction
We operate from the United Kingdom, Dorset. We make no representation that TBA Software is appropriate or available for use in any particular location. Those who choose to use TBA Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of TBA Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by TBA. You may terminate these terms at any time by discontinuing use of TBA Software, and canceling your user account.
9. Use of User Submitted Materials
By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to TBA a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
10. Privacy Policy
Use of any information gathered during, or by, your use of TBA Software shall be governed by TBA’s privacy policy currently located at [insert url address here]. By using TBA Software, you signify your agreement to TBA’s privacy policy. If you do not agree to the privacy policy, do not use TBA Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of TBA’s privacy policy at any time. Changes shall be posted on TBA’s website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.
11. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in England, United Kingdom and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF TBA Software, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TBA Software
