1. ACCEPTANCE OF TERMS
Spirit FlyFF ("Spirit") provides the information on this Web site as provided in these Terms of Service ("TOS"). Spirit may update the TOS at any time and without prior notice by posting a new version at https://Spiritflyff.com/admin/Terms. The information on this site and your use of it is subject to the most recent version of the TOS posted.
2. DESCRIPTION OF SERVICE
Spirit provides you with access to discussion lists, forums, licenses and a variety of other services. ("Spirit Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Spirit Service shall be subject to the TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Spirit Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of The Netherlands or other applicable jurisdiction. You also agree to:
provide true, accurate, current and complete information about yourself as prompted by the Spirit Service's registration form (the "Registration Data") and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spirit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spirit has the right to suspend or terminate your account and refuse any and all current or future use of the Spirit Services (or any portion thereof).
4. ELECTRONIC NEWSLETTERS
Users may choose to opt-in to our mailing list where they will receive emails that may include company news, company events and promotions or related product and service information.
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Spirit, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Spirit Service. Spirit does not control the Content posted via the Spirit Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Spirit be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the OSI Service. You agree to not use the OSI Service to:
Cheat or use, develop or distribute any software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications which are designed to modify the services of Spirit;
Exploit errors of “bugs” in Spirit, or provide information about said errors or “bugs” to other Spirit users. Information about these issues must be reported to “Spirit Staff”;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Spirit Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
interfere with or disrupt the Spirit Service or servers or networks connected to the Spirit Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Spirit Service;
intentionally or unintentionally violate any applicable local, state, national or international law,
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that OSI may or may not pre-screen Content, but that Spirit and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Spirit Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Spirit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the TOS;
respond to claims that any Content violates the rights of third parties;
respond to your requests for customer service; or (e) protect the rights, property or personal safety of Spirit its users and the public.
7. CONTENT MADE AVAILABLE FOR INCLUSION ON THE Spirit SERVICE
Spirit does not claim ownership of Content you submit or make available for inclusion via the Spirit Service. However, with respect to Content you submit or make available for inclusion on the publicly available Spirit Service, you irrevocably grant Spirit the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the Spirit Service or other publications by Spirit in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the http://www.opensource.org/ Web site. And for Content you submit for private discussions, you grant Spirit the world wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
You agree to indemnify and hold Spirit and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Spirit Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. MODIFICATIONS TO Spirit SERVICE
You acknowledge that Spirit may establish general practices and limits concerning use of the Spirit Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Spirit Service.. You further acknowledge that Spirit reserves the right to modify these general practices and limits from time to time. Spirit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Spirit Service (or any part thereof) with or without notice. You agree that Spirit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Spirit Service.
You agree that Spirit may terminate your access to the Spirit Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The Spirit Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Spirit has no control over such sites and resources, you acknowledge and agree that Spirit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Spirit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LIMITATION OF LIABILITY
You expressly understand and agree that Spirit and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you 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 Spirit has been advised of the possibility of such damages), resulting from the use or the inability to use the Spirit service.
13. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Spirit and governs your use of the Spirit Service, superseding any prior agreements between you and Spirit with respect to the Spirit Service.. Choice of Law and Forum. The TOS and the relationship between you and Spirit shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and Spirit agree to submit to the personal and exclusive jurisdiction of the courts located within The Netherlands. Waiver and Severability of Terms. The failure of Spirit to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
14. PURCHASE / DONATE
By donating (purchasing DPoints) you agree that you actually purchase DPoints. You're not allowed to charge back these payments. We do not refund your payment in any way. If you do charge back, we'll block your account & access to Spirit FlyFF until the case regarding this charge back with the payment provider is closed and won by Spirit FlyFF. If you succeed in a charge back you'll be permanently blocked. This also means that all accounts where you've been logged in to using your IP address will be blocked aswell.