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Terms of Service

This Terms of Service agreement applies to all Army of Earth content (the "Content") provided by Fundictive LLC (the "Owner"). This comprises the armyofearth.com website, including the forums, and the Army of Earth game and online service. You are required to read and accept this Terms of Service agreement before using the Content.

This Terms of Service agreement sets forth the standards of use of the Content. By using the Content you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Content. The Owner reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being distributed within the Content. Your continued use of the Content after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this agreement may not be amended.

1. Description of Content

The Owner is providing the User with access to the Content. Anyone over the age of 13 is allowed to use the Content as long as they abide by the terms of this agreement.

2. Disclaimer of Warranties

The Content is provided by the Owner on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Owner makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Content in terms of its correctness, accuracy, reliability, or otherwise. The Owner shall have no liability for any interruptions in the use of the Content. The Owner disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above-referenced exclusion is inapplicable.

3. Limitation of Liability

THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE CONTENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification

The User agrees to indemnify and hold the Owner, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User’s use of the Content, the violation of this agreement, or infringement by the User, or other user of the Content using the User’s computer, of any intellectual property or any other right of any person or entity.

5. Users Account

The User may possess one or more accounts for use with the Content. The User is entirely responsible for any and all activities which occur under their account(s) whether authorized or not authorized. The User agrees to notify the Owner of any unauthorized use of the User’s account or any other breach of security known or that should be known to the User. The User’s right to use the Content is personal to the User. The User agrees not to resell or make any commercial use of the Content without the express written consent of the Owner.

6. Modifications and Interruption to Content

The Owner reserves the right to modify or discontinue the Content with or without notice to the User. The Owner shall not be liable to the User or to any third party should the Owner exercise its right to modify or discontinue the Content. The User acknowledges and accepts that the Owner does not guarantee continuous, uninterrupted or secure access to the Content, and operation of the Content may be interfered with or adversely affected by numerous factors or circumstances outside of the control of the Owner.

7. Third-Party Sites

The Content may include links to sites on the Internet that are owned and operated by online merchants and other third parties. The User acknowledges that the Owner is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and the Owner is not responsible therein. We encourage the User to review said privacy policies of third-parties’ sites.

8. Compliance with Laws

The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

The Content is copyrighted and is the property of the Owner and is protected by intellectual property rights. Any use of the Content excluding "fair use" but including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Owner is strictly prohibited. The User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Content without prior written permission of an authorized officer of the Owner.

"Fundictive" and "Army of Earth" and the accompanying logo's are proprietary trademarks of the Owner. The Owner’s trademarks may not be used in connection with any product or content that is not provided by the Owner, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owner.

All other trademarks displayed in the Content are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Owner.

10. Other Terms

If any provision of this Terms of Service agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service agreement and any other agreements referenced herein may be assigned by the Owner, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. The User agrees that by accepting this Terms of Service agreement, the User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.