Terms of Service
Last Updated March 18, 2013
1 Service Overview: Tacticsoft Ltd. (“Tacticsoft”)
operates and owns all rights to battledawn.com, battlegate.net and
supermechs.com, websites that allow You to participate in massively
multiplayer on-line games. This Agreement constitutes a binding
understanding between the User (“You”), an individual over the age of 13
who is capable of entering into a definite agreement or the legal
guardian of a person under 13 years of age and Tacticsoft.
1.1 About Tacticsoft: Tacticsoft is a duly incorporated Israeli Company, operating from Amot Bldg. 11 Kiryat Mada St. Har Hotzvim, Jerusalem, Israel.
1.2 Amending or Terminating the Service and This Agreement: Tacticsoft
may amend the Service or this Agreement at any time, provided Users are
given prior notice of 14 days before such amendment comes into effect.
Tacticsoft may terminate this Agreement with all Users or any user, for
any reason or no reason, at its full discretion and without any prior
1.3 Definitions: In this Agreement, the following terms shall have the following meaning:
Content: Any virtual or intellectual property conveyed by Users to Services or Tacticsoft.
Game Administrator: A User appointed by Tacticsoft or employed by Tacticsoft, whose position is to maintain the fair and equal operation of Services
Game Resources: Any virtual assets, including
virtual earnings, virtual goods, virtual possessions, virtual resources
or any other intangible goods which, excluding Tokens, are used in
User Account: The username and password for any User in Services, including all of the User Account’s Game Resources.
Users and User: All legal and real persons bound by this agreement, defined by holding a User Account in Services.
Supporting Users: Users who have paid Tacticsoft for any Tokens or have otherwise made any purchases from Tacticsoft within the last 90 days.
Services: All content and services supplied by
battledawn.com, battlegate.net, supermechs.com including any objects,
pages, software and intellectual property stored on said sites,
including flash games and any other software downloaded from websites to
2 General Terms and Conditions: The whole use of Services, including Applications within Services, shall be governed by the following terms.
2.1 Eligibility: You hereby state that You are a
real legal person over the age of 13, or a legal guardian of a person
younger than 13 years of age, not residing in any proscribed country or
entity, and who is not declared insolvent, bankrupt or liquidated. If
you are a corporation, or a person acting on behalf of a corporation,
You warrant that you hold and obtained all the relevant permissions and
authorizations from Your corporations institutions.
2.1.1 Authentication: When registering for Services,
You shall receive an email with Your User Account details. Such message
contains both Your name and password and may be sent unencrypted.
Should You wish to increase Your security, You should change Your User
Account password immediately after registration.
2.1.2 Activation: In order to activate Your account,
You are required to authenticate Your email by clicking a link or
entering a verification code. You are required to add
[email protected] as a contact to Your email contact list, as
Tacticsoft shall not be liable for any failed deliveries or arrival of
messages to Your Spam inbox.
2.1.3 Accurate and Secret Information: You shall
provide Tacticsoft only with accurate information about yourself and
shall keep Your User Account information, including password and other
login information in utmost secrecy and shall be liable to any damage,
direct or indirect arising from the misuse of Your User Account. Should
You find that any personal information regarding Your User Account has
been violated or disclosed, You shall immediately and without any delay
(1) notify Tacticsoft of any unauthorized use of Your password and User
Account; and (2) make intentional efforts to ensure that no other party
misuses Your User Account thereafter.
2.2 User Conduct: When using Services, You agree to
participate in any conversation, contribution or conduct in a friendly
and courteous manner, without inciting hate or maliciously attempt to
circumvent any other User'sparticipation. Moreover, You agree not to use
Your User Account to:
2.2.1 Farming: Participate in any activity within
Services for the sole purpose of gaining Game Resources, without
participating in actual gameplay; and/or acquiring Game Resources in
order to sell them to other Users in exchange for cash, payment or other
benefits; establishing Users for the sole purpose of transferring Game
Resources to Your other accounts. You shall not solicit or endorse any
3rd party to participate in Services in order to convey Game Resources
2.2.2 Fraud: Participate in any activity meant for
fraud or to encourage other Users to convey funds, Game Resources or
other assets into Your possession. You shall not use automated
processes, scripts or macros during gameplay. You shall not employ any
script based on reverse engineering or manipulation of any communication
between Yourself and Services.
2.2.3 Non-Personal Use: Use Services by more than
one person or in order to establish financial or business gain, sell
Users and/or User Accounts to third parties. You are forbidden to
disclose any User Account details to any 3rd party or to post them in
any public location.
2.2.4 Bullying: Use Services in a manner disturbing,
harassing or defaming to Users, stalking or depriving Users of any
enjoyment of using Services In a manner which Tacticsoft may determine
2.2.5 Loopholes: You shall not attempt to manipulate
or circumvent Services or use loopholes in them; furthermore, You shall
report any loopholes or means for circumvention immediately to a Game
2.2.6 Infringement of Copyright: Use Services in a
manner infringing Services and/or any other 3rd party's copyright,
including other Users' copyright or any other intellectual property
2.2.7 Invasion of Privacy: Use Services in a manner
that deprives any other User's privacy and/or to publish any private
information about any other User or 3rd party.
2.2.8 Spam: You will not use the Service, or
otherwise advertise the services if you are a part of TacticSoft's
Affiliate program, in any manner which is considered spamming, including
sending unsolicited emails, using false headers in emails to advertise
your affiliate code or any other conduct which TacticSoft may deem as
2.2.9 Policy Enforcement: Tacticsoft may use
administrative tools such as moderation or banning You from activity or
enforce Vacations on You, should it reasonably assume that You were in
violation of these Terms.
2.3 Title and Goods: You agree and understand that
You hold no right to any part of Services, Game Resources and/or virtual
goods, and that every contribution, purchase or activity, including
Content, may be removed at any time. Tacticsoft may amend the games
rules and/or remove any virtual assets at any time at its discretion.
2.4 User-Generated Content: By contributing Content
to Services, You agree to adhere to Tacticsoft's User Conduct Policy and
refrain from posting any offensive content.
2.4.1 Copyright: By contributing Content to
Services, You hereby grant Tacticsoft an irrevocable,
perpetual,non-limited license to use, display, convey and publish Your
Content to Users and other 3rd parties. You, moreover, grant Tacticsoft a
perpetual license to publish and disclose such Content to 3rd parties
in order to provide Tacticsoft's Services.
2.4.2 Public Chat: You may contribute Content to
Public Chat rooms or shout boxes; by contributing Content to chats, You
agree and acknowledge that Tacticsoft may charge Game Resources for such
contribution and may remove any contribution at its own discretion. You
also acknowledge that any contribution to chats may be read by any
2.4.3 Offensive Content: You may flag any other
User’s contribution, including internal messages, as offensive and allow
Tacticsoft's managers to review said contribution. You acknowledge that
such report shall not impose liability on any contribution not removed
and will not impose any other obligation on Tacticsoft.
2.4.4 Messages: You may use Services to send
messages to users, provided that said messages are used for personal,
non-commercial, non-harassing purposes. Tacticsoft may limit the amount
of messages sent per day and may monitor Your use of messaging systems.
126.96.36.199 Spam: You may not use Services to send
unsolicited, non-personal messages, promote any business or otherwise
encourage Users to make any purchase or subscription.
188.8.131.52 Block, Ignore: You may block specific Users
or User group; however, by blocking said Users and/or groups, You
acknowledge that such messages will not be received by You and hereby
release Tacticsoft from any damage arising from such block.
184.108.40.206 Delete, No Backup: You acknowledge that any
deletion of any message will cause it to be deleted in a manner which
may not be restored. Tacticsoft shall not restore any backup or archive
of Your old messages and You should retain physical copies of messages
or refrain from using the message system within Services for important
messages or or any information which is confidential or published
according to law.
220.127.116.11 Automatic Removal: You acknowledge that
messages are deleted in automated processes from time to time in order
to conserve Services' system resources; however, You may archive
messages for specific durations in exchange for Game Resources.
2.4.5 Usernames: You undertake not to use any
offensive username, including copyright-infringing names, names which
dilute trademarks or trade names, names that infringe any 3rd party
right, names that are considered objectionable or offensive. You
acknowledge that Your User Account may be terminated or suspended should
You use any offensive username.
2.4.6 Offensive Material: You may not post any
Content which may contain or be deemed as (i) profanity, obscenities,
sexual context or content, pornographic display or conduct, or initiate
sexually-oriented proposals to minors; (ii) requests with sexual
orientation, including promotion of dating services and escort services;
(iii) slander or defame any User without the User’s prior written
consent, or offend, threaten, insult, harass or disturb any User without
their prior written consent; (iv) promote illegal activity, including
conspiring and/or ganging against other users; (v) initiate any activity
involving games of luck, gambling or promotional competitions involving
prizes not affiliated with Tacticsoft; (vi) publish Copyright,
Trademark and Patent infringing materials; (vii) publish personally
identifiable information, either of yourself or of other users; (viii)
initiate political, social, racial, religious or any other intolerant
speech; (ix) involve pyramid schemes and/or chain mail; (x) provide
links for any commercial and/or promotional business of third parties;
(xi) use obscene usernames; (xii) request any other User's personal User
Account information; (xiii) initiate scams; (xiv) post repetitive
messages; (xv) inject or post any malicious computer code or binary or
any Trojan horse, cross site script or malware to Services; (xvi)any
false description or appropriation as to Your affiliation as Tacticsoft
staff or representative; (xvii) any unlawful material or material
requiring governmental authorization for transacting information;
(xviii) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted or requested; (xix)
publish or transmit any Content that You do not have a right to publish
or transmit under any law or under contractual or fiduciary
relationships (including but not limited to inside information or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); (xx)
interfere with or disrupt the Services or servers or networks connected
to Services, or disobey any requirements, procedures, policies, or
regulations of networks connected to Services, intentionally or
2.4.7 Moderation and Removal: Tacticsoft may, at its
sole discretion, remove any Content, delay the publication of any
Content or amend any Content. You shall have no claim as to Tacticsoft's
intervention in Content and shall hold Tacticsoft harmless to any
Content moderated, removed, or amended.
2.5 Takedown Notices: Should You encounter any
Content which You consider infringing on any of Your rights, You may
contact Tacticsoft at any time and request that such content be removed.
Tacticsoft may remove infringing content at its sole discretion or
shall inquire and try to contact the User who posted the Content. Should
the User request to leave content intact, Tacticsoft shall supply You
with the contact details of said user, so that You may pursue litigation
against said user. By sending Tacticsoft a takedown notice according to
this clause, You waive any claim against Tacticsoft for any
infringement of Your rights by any user.
2.6 Defraud Mechanisms: Tacticsoft may operate any
mechanisms or means in order to police and uphold Tacticsoft's policy.
Amongst other things, Tacticsoft may perform audits on User Credit and
transactions in Game Resources, review Your messages and transactions
with other users, check whether You use multiple User Accounts from one
IP address, and determine whether You perform any actions which were
reported as offensive. Keep in mind that Tacticsoft retains logs of
administrative activity and that Administrators shall not perform any
activity in User Accounts.
2.7 Referral Program: Tacticsoft may operate any
Referral Programs that shall provide You with Game Resources if You
refer to Services any Users that purchase Tokens. Tacticsoft may
determine, at its sole discretion, any Game Resources that shall be
granted to You should You refer any new users.
You when and what data is stored, what is being processed and what is
being disclosed to 3rd parties.
3.1 Safe Harbor: Though Tacticsoft is not a US based
Export Authority's Safe Harbor Principles
(http://www.export.gov/safeharbor) and is in full and strict compliance
with all Israeli privacy regulations.
3.2 Data Collected: Tactisoft collects data about
Yours and other Users' activity including aggregated non-personal
information, personal information, email addresses, behavioral
information and clickstream information. Tacticsoft also retains certain
information regarding transactions and purchases made via Services.
3.2.1 Personal Information Collected: Tacticsoft
retains both the contact information you provided it and information
regarding User behavior and clickstream which may be mined or processed
in order to generate non-personally identifiable User profiles or to
profile a specific User under a specific non-personally identifiable
3.2.2 Non-Personal Data: Tacticsoft logs
non-personal information including, but not only, identifying the
computer You are browsing from, Your IP address, Your session time and
Your visiting time to each webpage.
3.3 Data Not Collected: Tacticsoft is working with
accordance to international regulation and EU standards of privacy and
therefore shall never retain or request any information regarding ethnic
origin, political opinions, religious or philosophical beliefs,
trade-union or political party membership, personal health, personal
sexual preferences or personal sex life. Tacticsoft shall never retain
or request data regarding User passwords or exact geographical location.
You should report the Game Administrator at Tacticsoft should You
encounter any person or electronic service claiming to receive such
3.4 Who Has Access to Your Data? Apart from
Tacticsoft and its personnel, who act in order to enforce these terms
and protect your privacy, Tacticsoft may provide your data to selected
3rd parties in order to process payments and may provide its affiliates
with statistical, aggregated, non-personally identifiable information in
order to calculate affiliate fees, generate statistical reports and
provide them with its services. Moreover, TacticSoft uses Google
Adwords' free conversion tracking feature.
3.5 No Duty To Retain Data: Please keep in mind that
though Tacticsoft has the right to retain this data, it may remove it
at any time and from time to time, according to its policies.
3.6 How Data is Collected: Both non-identifiable
personal and non-personal data are collected in the same manner: when
You use Services, a flash shared object and/or a session cookie are
placed in Your computer. Tacticsoft logs all Your activities via raw
access logs and 3rd party statistical services which adhere to this
being directed from one of its affiliated, a Cookie is stored on your
computer for 30 days detailing the identity of such referral.
3.7 When is data erased: Your account may be
terminated at any time, according to Your request. At Termination,
Tacticsoft shall remove all personally identifiable data it is not
required to retain according to law. Tacticsoft shall never disclose
Your personal identity to 3rd Parties and shall never provide them with
identifiable personal information without Your consent or without any
action on Your behalf. When You make purchases or physical transactions
relating to Services, Tacticsoft may disclose personally identifiable
information to the 3rd party with which You transacted. When You make
transactions through Services, we may also disclose the existence of
such transaction to Users and disclose some information relating to it.
3.8 Adherence: 3rd party advertisers, analytical
services, advertisers and other parties Tacticsoft contracts must adhere
regulation or the US Safe Harbor regulation in order to receive
information from Tacticsoft. Moreover, 3rd parties must also exercise
security and data protection standards. Certain portions of the Service
use Google Adsense and Google Analytics, which collects and aggregates
cross-site data, which is used in order to display customized
3.9 Security: Data is collected and stored on
Tacticsoft's servers or servers of 3rd parties operating on its behalf.
Tacticsoft's records which include stored data will not be disclosed to
any party unless compelled to do so by a judicial order or law;
Tacticsoft shall use our best efforts to protect this database from any
malicious activity and request 3rd parties strict confidentiality
regarding use of the data disclosed.
3.10 Removal of data: You may view Your User Account
details at any time and send Tacticsoft comments regarding incorrect
User information stored on Tacticsoft's database; these requests should
be made by email to our privacy officer. Should You request to remove
all personal information stored about you, please send our privacy
officer with such request.
Tacticsoft may refuse to remove, disclose or amend data where You
have not supplied with sufficient evidence as to the identity of the
requesting party. As Tacticsoft takes care for the privacy of others,
including Users who share the same internet connection and/or computer,
it may cause grave harm to disclose personal information without such
identification. Also, Tacticsoft may retain data or refuse to amend it
where such amendment was technical and redundant, jeopardizes the
privacy of other parties or users, including 3rd parties' trade secrets
and intellectual property or require major technical efforts which are
not in proportion with the benefit from amending the data.
3.11 Accountability: As Tacticsoft's Users' and
affiliates' data is valuable, Tacticsoft has appointed a privacy officer
violated, please contact Privacy Matters, Tacticsoft Ltd. Amot Bldg. 11
Kiryat Mada St. Har Hotzvim, Jerusalem, Israel. or at
[email protected] . Tacticsoft shall take the best of means to
assure that Your data shall be retained and processed by the best of
means and that every dispute shall be taken care of and resolved.
Tacticsoft's privacy officer shall compile quarterly reports regarding
privacy complaints and violations and provide details as to actions
taken and remedies.
4 License: You are hereby granted a limited license
to run any software downloaded from Tacticsoft's website, including
flash objects, on Your computer; provided, however, that You may not
distribute, amend or otherwise perform any action which is in violation
of this agreement. You may not redistribute any portion of Services and
You may not frame Services in webpages hosted by you. You may not run
Services outside of Tacticsoft's website and may not interfere with
5 Emails: Tacticsoft may use stored user's email to
send newsletters and information on the games of Tacticsoft to the user.
The user may revoke his consent at any time in writing (e.g. by email).
The user shall be given the opportunity in every newsletter sent by
Tacticsoft to refuse to accept further information and to dispatch an
6 Forums: Tacticsoft's forums (“Forums”) are powered
by phpBB which is a bulletin board solution released under the General
Public License ( “GPL”) and can be downloaded from http://www.phpbb.com.
The phpBB software only facilitates internet based discussions; the
phpBB shall not be deemed responsible for what Tacticsoft allows and/or
disallows as permissible content and/or conduct. For further information
about phpBB, please see: http://www.phpbb.com/.
6.1 Posting Content: You may post Content to Forums,
open a new Forum or erase Your Forum, all with accordance to this
Agreement, provided, however, that Tacticsoft may moderate or amend any
Content or moderate Your Forum by adding an Administrator on its behalf.
6.2 Accuracy: Forums may include data relating to
gameplay and/or other features in Services. You hereby acknowledge that
such data is entered by Users and is not official Tacticsoft notices,
manuals or walk-troughs. Tacticsoft takes absolutely no responsibility
on the accuracy of ANY data posted on Forums.
7 Battle Dawn Rules: Battle Dawn is a game based on
strategy, community and skill. Your goal is to ultimately become the
strongest leader on Your planet, supreme to all others. You must learn
to use diplomacy, resources and military to aid in Your quest for
ultimate power. You'll soon discover that greatness can be only achieved
7.1 Duration: Battle Dawn consists of game cycles,
which may be determined by each Game Administrator, or may be played
until specific goals set by Game Administrators are met.
7.2 Eligibility: You may play Battle Dawn with Your
User Account in several worlds, and build one Colony on each world. You
may not create and manage more than one Colony in a single Battle Dawn
world, even with multiple User Accounts. You may not allow 3rd parties
to generate Colonies on Your behalf or for Your benefit. Tacticsoft may
notify Users should it consider You to be in violation of this clause
either by attaching an icon to Your Colony or any other means.
7.3 Goal & Prizes: Each world's Game
Administrator may set specific Goals, which if You meet, You (or any
other User) may receive additional Game Resources or any other Prize.
The Game Administrator shall have sole discretion on determining Goals
or Prizes. Tacticsoft may publish Users' scores at the end of Game's
Cycle. Tacticsoft may remove any User from such publication for any
7.4 Colony: When initiating gameplay in Battle Dawn,
You shall be required to locate a suitable location for a Colony; You
may only establish one Colony per world, and may establish more
outposts. You should select Your unique ruler name and Colony name.
7.5 Occupation and Rebellion: Note that Your Colony
may be occupied by other Users, in which case, You will lose some of
Your Game Resources and may be required to pay other Users a percentage
of Your Game Resources. You may also lose Your control over other Users'
7.6 Alliances: You may join alliances in order to
complete Your Goal; however, please note that some alliances have
specific codes of conduct and that You cannot attack allied colonies.
You may form Alliances and enact codes of conduct as well. Tacticsoft
may limit the number of Users in an Alliance and Alliances.
7.7 Spies: You may set up Intelligence and Spies,
which may disclose data about other Users' Colonies and activity;
however please note that Your activity may be monitored as well.
7.8 Colony Deletion: Tacticsoft may remove Your
Colony, including vacationed colonies, after a set number of days
without activity or should it believe that Your inactivity may interfere
with gameplay. Please note that Supporting Users' Colonies may be
removed after longer periods of inactivity, but are still subject to the
Game Administrator's sole discretion; any termination according to this
clause is irreversible.
7.9 Vacation: You may set Your Colony to Vacation
Mode; in which case, 12 ticks after Your entrance to Vacation Mode, Your
colony shall not be involved in gameplay, You shall not receive any
Game Resources. However, occupied colonies may rebel against You and You
may lose Your control over them and Your outposts. Please note that
stepping into Vacation Mode shall not cause scheduled attacks and/or
attacks by forces which are already on their way to You.
7.10 Resources: You shall receive resources from
structures and workers in Your colony as well as Your occupied Colonies,
according to Game Administrator's discretion; however, when Colonies
are deleted or removed due to inactivity or other termination, You will
be entitled to operate an Outpost instead of occupied Colony or remove
such outpost to gain Game Resources.
7.11 Tokens: You may purchase tokens which may be
converted to Game Resources. Such purchase may be made by 3rd party
services and with accordance to this Agreement. You may not transfer
tokens or transact with other Users to convey Game Resources gained by
Token purchases. You may not convey or transact in any sale or purchase
of Purchased Tokens from other players against actual funds.
7.12 Bonuses and Grants: Each Game Administrator
may, at its own discretion, convey Game Resources for any User should
such User (i) contribute in bug detection or bug fixes; (ii) incur
damages from bugs or any violation of this Agreement by other Users.
Game Administrators may also grant general bonuses in Game Resources to
all Users should specific conditions are met, or a set amount of Tokens
shall be purchased.
7.13 Resource Caps: Tacticsoft may determine resource Caps on Game Resources in order to maintain balanced and fun gameplay.
8 Supermechs Rules: Supermechs is a tactical turn
based game. Your goal is to ultimately become the best Mech and to
defeat the other Mechs. In order to do so, you shall fight both computer
based Mechs and other Mechs in multiplayer mode.
8.1 Gameplay: Your gameplay at Supermechs is either against your friends, other Users or computer based characters.
8.2 Virtual Goods: Virtual Goods: You can enhance
your Mech by purchasing virtual goods, such as advanced weapons,
shields, torsos, modules and kits. Such purchase shall be made by
8.3 Credits: You can obtain credits by either of the
following methods: (i) when you win a fight or achieve certain goals,
which are deemed according to Tacticsoft's sole discretion; (ii) when
you convert Tokens to Credits, at rates deemed by Tacticsoft's sole
discretion; (iii) when you participate in Tacticsoft's affiliated
programs, fill out surveys and/or participate in activities.
8.4 Tokens: You may purchase tokens which may be
converted to Game Resources. Such purchase may be made by 3rd party
services and with accordance to this Agreement. You may not transfer
tokens or transact with other Users to convey Game Resources gained by
Token purchases. You may not convey or transact in any sale or purchase
of Purchased Tokens from other players against actual funds.
8.5 Eligibility: You may play Supermechs with Your
User Account in and have one mech. You may not create and manage more
than one One Mech throught Supermechs, even with multiple User Accounts.
You may not allow 3rd parties to play Supermechs on Your behalf or
for Your benefit. Tacticsoft may notify Users should it consider You to
be in violation of this clause either by attaching an icon to Your
Colony or any other means.
9 Further games: Tacticsoft may operate future
games, which will be subject to this Agreement. Should any specific
conditions be required to play said games, Tacticsoft shall incorporate
these conditions either in this Agreement or specifically within the
10 Affiliate Program: Tacticsoft shall provide you
with an option to enroll to Tacticsoft's Affiliate Program (“Affiliate
Program”); by using the Affiliate Program you shall be entitled to
receive fees, as determined from time to time by Tacticsoft, out of the
net income incurred by any Users or Supporting Users referred by You.
10.1 Affiliate Panel: Tacticsoft shall provide you
with access to an interactive affiliate panel which shall allow you to
create unique referral links (“Referral Links”) and present you with
statistics in regards to the number of Users you referred to
TacticSoft's services, the number of clicks on your links and the
10.2 Tracking and Revenues: When any User shall
click on any Referral Link containing your unique referral code, a
Cookie shall be stored on that User's computer and browser and shall
identify the said user as qualifying users. Once a qualifying user makes
a purchase, You shall be entitled to receive a referral fee.
10.3 Affiliate Fee: You shall be entitled for fees
in consideration of your qualifying users, as determined by Tacticsoft
from time to time, either (i) a Referral Fee out of the actual net
revenues incurred by Tacticsoft, (where net revenues are calculated as
Tacticsoft's actual revenues from qualifying users, after a deduction of
all 3rd party clearing costs, credit card transaction fees, chargebacks
and all other expenses as deemed by Tacticsoft); Or (ii) an Action Fee
based on the Qualifying Users, based on a cost per action schedule
presented by TacticSoft and updated from time to time (such as upon
successful registration), which may be based on specific countries,
actions or numbers. The Afiliate fee shall be paid upon your request,
and provided that your balance exceeds 100 US$ (“The Minimum Fee”).
Should your balance not meet the Minimum Fee, then Tacticsoft shall pay
You when your balance reaches the Minimum Fee.
TacticSoft may employ fraud detection methods to find fraud or unethical conduct, and in such case, adjust your Affiliate Fee.
10.4 Affiliate Conduct: You agree to use the
Affiliate Program only in a legal and ethical manner. You must adhere to
the terms of article 2.2.2 in regards to ethical use, and maintain all
relevant laws and regulations when advertising the Affiliate Program.
10.5 CPA Affiliate Rules: We do not allow incentive, spam, content lockers or proxy surfing into our games and it's will not count as legal traffic.
11 General TOS:
11.1 Rates: Tacticsoft may charge fees for gameplay,
Services or any other activity or for any premium activity, including
extra Game Resources. Tacticsoft may amend these rates at any time by
its sole discretion.
11.2 Payment through 3rd Parties: Tacticsoft may
contract 3rd parties to collect funds and/or payments by users. Payment
may be made available either by credit cards, premium text messages or
premium phone numbers. Tacticsoft shall not be liable should any payment
be delayed or not be conveyed to Tacticsoft.
11.3 Subscriptions: If you subscribe to any of
Tacticsoft's services, you agree to pay the subscription fees until you
otherwise terminate your subscription.
11.4 Refund: All payments made according to this
Agreement are final. By no cause shall Tacticsoft reimburse or refund
any payments. Should Your User Account be hacked, You will not be
refunded for any losses, even if the loss of control results in the
deletion of Your User Account.Should You, by any mean or way, revoke or
cancel any of Your payments to Tacticsoft, Tacticsoft shall be allowed
to supply the 3rd party clearing or payment service any information
about such transaction; including, but not only, Your email address,
Your IP address and Your in-game activity pursuant to such denied
11.5 Compensation: TacticSoft maintains the right to
compensate You with Game Resources; however, such decisions are at the
sole discretion of Tacticsoft and shall not be constructed as an
11.6 Advertisements: Tacticsoft may, at its own
discretion and for its causes, include within Services any links for 3rd
party websites, advertisements or links for applications (“3rd Party
Content”). Tacticsoft does not warrant for 3 rd Party Content or
availability thereof nor does it endorse it. Tacticsoft shall not be
held, or claimed to be held, liable for any 3rd Party Content, its
legality or illegality, its adequacy with regulations and its quality.
Moreover, You agree not to circumvent any 3rd Party Content by any ad
blocking software or any other mean.
11.7 Liability: For no case and for no reason shall
Tacticsoft be held liable for any damage, direct or indirect,
consequential, exemplary, physical or special, to You, any User or any 3
rd party due to its lack of performance of duties herein. Tacticsoft
supplies Services on an AS-IS basis and shall not be held liable, to the
extent permitted by law, by any case of misconduct, negligence, gross
negligence, malice or any other mean, to any damages or loss of
property, including damages to: virtual property, reputation and
business reputation, User Account information including login
information, loss of profit, loss of good name, all resulting from the
use of, or inability to use, Services or services rendered by
11.8 No Warranty: Tacticsoft does not warrant its
Services and supplies it on an “as-is” and “as-available” basis. Your
use of Services is at Your own risk and under Your liability. Tacticsoft
makes no warranty that (i) the service will meet Your requirements
,(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the Use of Services will be
accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by You through
Services will meet Your expectations, or (v) any errors in the software
will be corrected. Any software element or digital file downloaded or
otherwise obtained through the use of Services is done at Your own
discretion and risk. You are solely responsible for any damage to Your
computer system or loss of data or damage to computer machinery results
from the download of any such material. No advice or information,
whether oral or written, obtained by You from Tacticsoft and/or through
or from Services shall create any warranty not expressly stated in this
11.9 Indemnification: You agree to hold Tacticsoft
harmless and to indemnify Tacticsoft for any lawsuit brought against it
by You, Your successors or any other party on Your behalf in
contradiction to this Agreement or for any damage to any 3rd party
caused by Your conduct. You also agree to indemnify Tacticsoft for any
damage, whether direct or consequential arising from any breach of this
agreement, including injection of malicious code, misrepresentation of
copyright, trademarks or patents or any other breach of this agreement
against any other Users.
11.10 No Supervision: You acknowledge that any
supervision of User conduct by Tacticsoft does not create liability
whatsoever and is for statistical purposes and in order to monitor User
behavior in general. Tacticsoft shall not be held liable even if it is
aware of User conduct in breach of this agreement.
11.11 Copyright: Services are owned by TacticSoft
and are protected by copyrights, trademarks, and other intellectual
property rights. You may not copy or download any content from Services
unless You have express authorization Tacticsoft to do so. You shall not
copy, transmit, modify, distribute, show in public, modify or create
any derivative works from the Services or Content, unless Tacticsoft
expressly authorizes You in writing to do so. Making unauthorized copies
of any portion of Services or Content may lead to the termination of
Your User Account and may subject You to further legal action.
11.12 Translation: Tacticsoft allows Users to
translate Services to languages, including gameplay definition and other
portions of the User interface in Services.
Should You wish to take part in such translation, You hereby agree:
11.12.1 Sufficiency and Literacy: You are both literate in English and the language to which You are translating the Services.
11.12.2 Grant of License: All Your translations and
other contributions shall be deemed as Content according to this
Agreement, and Tacticsoft shall have the perpetual right to distribute,
publish, amend, relicense, convey and hold title to all Your
contributions. You acknowledge that You may not receive any credit for
Your contribution and that Your contributions may be rejected.
11.12.3 No Malicious Content: You shall not post content or translations, which are inaccurate or which are considered offensive.
11.12.4 Warranty: You will be solely liable to other Users should You translate Services in an offensive or inaccurate manner.
11.12.5 No Warranty: You acknowledge that Tacticsoft
shall not be liable to any User translation of Services and agree to
hold Tacticsoft harmless from any inaccurate translation.
11.12.6 Report offensive: You can report about any
offensive translation to Tacticsoft, and Tacticsoft shall take proper
means to inspect said translation.
11.13 Severability: The provisions of Section 10 of this Agreement shall survive the termination of this Agreement.
11.14 Termination: Tacticsoft may, at its sole
discretion, terminate this Agreement, Services, Application or any other
service rendered by it due to any reason, including any fault or
malfunction, for any User, including You, or with no reason at all or
for any reason, including, without limitation, for lack of use or if
Tacticsoft believes that You have violated or acted inconsistently with
the understandings or spirit of this Agreement or for any reason decided
by Tacticsoft as a cause for termination. Tacticsoft may also, in its
sole discretion and at any time discontinue providing Services, or any
part thereof, with or without notice. You agree that any termination of
Your access to Services under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that Tacticsoft
may immediately deactivate or delete Your User Account and all related
information and files in Your account and/or bar any further access to
such files or the service. Furthermore, You agree that Tacticsoft shall
not be liable to You or any third-party for any termination of Your
access to Services.
11.15 Entire Agreement, Waiver: This Agreement
constitutes the entire understandings between parties and will only be
amended in writing. No waiver on behalf of Tacticsoft to perform any of
its rights under this agreement shall constitute amendments of it.
11.16 Governing Law: This Agreement shall be governed by the laws of the State of Israel, including its regulation regarding conflict of laws.
11.17 No Class Action: You undertake not to initiate
any class action, for any reason, against Tacticsoft and to claim Your
damages only according to this agreement.
11.18 Jurisdiction: Any conflict arising from this Agreement shall be brought solely to the competent courts of Tel-Aviv, Israel.