Terms of Service ("Terms")
Last Revised: October 27, 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.directivealpha.com website ("Service", "Game") operated by grauwiler technologies ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
To use the Service, you must create an Account that includes an account name (used to log in and represent you in the Service), an email, and a password.
Upon creating an Account, you agree to the following:
- A. You are solely responsible for any information associated with your Account and for anything that happens related to your Account.
- B. You do not already have an Account.
- C. You will not sell, gift, trade, or otherwise transfer your Account or access to it to any other individual.
- D. You do not have and will never have ownership or any other property interest in any Account. You further acknowledge and agree that all right in and to such Accounts are and will always be owned by grauwiler technologies.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
While using the Service, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with the additional rules that govern your use of the Service (the "Game Rules"). The Game Rules are not meant to be exhaustive, and grauwiler technologies reserves the right to modify the Game Rules at any time and to take any disciplinary actions including Account termination and suspension to protect the integrity and spirit of the Game Rules, regardless of whether a specific behavior is listed here as prohibited. The following list provides examples of behavior that warrants disciplinary action:
- A. Impersonating any real person, regardless of who the person may be
- B. Posting identifying information about yourself, or any other user, within the Game
- C. Transmitting or communicating any content or language which, in the sole judgment of grauwiler technologies, is deemed to be offensive. This includes without limitation content or language that is illegal, vulgar, aggressive, insulting, disparaging, defamatory, crude, lewd, hateful, sexually explicit, or racially, ethnically, nationally, or otherwise objectionable. Any and all purposeful misspellings of such content to avoid detection or otherwise circumvent restrictions shall considered to be in violation of the Game Rules
- D. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot, keystroke logger, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information
- E. Perform any act that hinders other Users' ability to use the Game properly, including, but not limited to spamming Chat.
- F. Using any unauthorized third party programs, including but not limited to "scripts," "bots," and other programs which automate any portion of the Game.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
grauwiler technologies may revise the pricing of its Products at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable.
All sales are final. Due to the nature of digital goods, your purchases will be delivered immediately upon receipt of your payment. No refunds will be permitted.
If there is a dispute regarding payment of fees to grauwiler technologies, your Account may be closed without warning or notice at the sole discretion of grauwiler technologies until such fees have been paid in full.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of grauwiler technologies and its licensors. The Service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of grauwiler technologies.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by grauwiler technologies.
grauwiler technologies has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that grauwiler technologies 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
grauwiler technologies has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of grauwiler technologies or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless grauwiler technologies and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall grauwiler technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
grauwiler technologies its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.