Sahara T&S
Sahara T&S
Sahara T&S
Please read these Terms of Service carefully before using SaharaMC Inc.’s Services.
BY USING OUR SERVICES, WHETHER AS A GUEST, AS A REGISTERED USER, OR OTHERWISE, YOU AGREE THAT THESE TERMS OF SERVICE WILL GOVERN YOUR
RELATIONSHIP WITH SAHARAMC INC. (“SAHARAMC”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE “SAHARAMC NETWORK” WHICH IS DEFINED
AS, BUT IS NOT LIMITED TO THE FOLLOWING: 1) THE SAHARAMC SERVER FOR MINECRAFT, 2) THE SAHARAMC.NET WEBSITE AND STORE, (3) EACH OF THE
SAHARAMC GAMES AND MINI-GAMES AVAILABLE ON THE SAHARAMC SERVER, AND (4) ALL FEATURES AND FUNCTIONALITIES AS WELL AS COMPONENTS OF
EACH OF THEM, WHETHER THEY ARE ACCESSED THROUGH A COMPUTER OR A MOBILE DEVICE. IF YOU DO NOT COMPLETELY AGREE TO THESE TERMS OF SERVICE
THEN YOU MUST NOT USE ANY OF OUR SERVICES.
1) Definitions
“Account” MEANS ANY MINECRAFT ACCOUNT PROVIDED BY MOJANG TO ACCESS ANYTHING SAHARAMC RELATED.
“Dispute” MEANS ANY CONTROVERSY RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF
THE RELATIONSHIP BETWEEN YOU AND SAHARAMC, CLAIMS THAT AROSE BEFORE THIS AGREEMENT, AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF
THIS AGREEMENT; HOWEVER, THIS DOES NOT INCLUDE CLAIMS RELATED TO OR ARISING FROM THE ENFORCEMENT OR PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS, AND IS SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
“In-App Donations” MEANS PURCHASES AVAILABLE FOR DONATION THROUGH THE SERVICES.
“Intellectual Property Rights” MEANS ANY AND ALL RIGHT, TITLE, AND INTEREST OF EVERY KIND WHATSOEVER, WHETHER NOW KNOWN OR UNKNOWN,
IN AND TO PATENTS, TRADE SECRET RIGHTS, COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE DRESS AND SIMILAR RIGHTS OF ANY TYPE UNDER THE LAWS OF
ANY GOVERNMENTAL AUTHORITY, INCLUDING, WITHOUT LIMITATION, ALL APPLICATIONS AND REGISTRATIONS RELATING TO THE FOREGOING.
“Notice” MEANS A DELIVERED WRITING BY E-MAIL, COURIER, OR BY FEDERAL EXPRESS DELIVERY TO THE OTHER PARTY AT THEIR RESPECTIVE ADDRESS, AND WILL
BE EFFECTIVE UPON RECEIPT.
“Privacy Policy” MEANS SAHARAMC POLICY REGARDING PRIVACY, WHICH ALSO GOVERNS YOUR USE OF THE SERVICES AND IS INCORPORATED HEREIN BY
REFERENCE. THE CURRENT VERSION IS AVAILABLE ON OUR WEBSITE.
“Service” (or “Services”) MEANS THE SAHARAMC NETWORK AND ANY OTHER WEBSITE, GAME, DEVICE, PLATFORM, CONTENT, AND OTHER RELATED
PRODUCTS AND SERVICES PROVIDED BY SAHARAMC AND SAHARAMC AFFILIATES, INCLUDING WITHOUT LIMITATION ANY TITLES, COMPUTER CODE, THEMES,
OBJECTS, CHARACTERS, CHARACTER NAMES, STORIES, DIALOGUE, CATCH PHRASES, CONCEPTS, ARTWORK, ANIMATIONS, SOUNDS, MUSICAL COMPOSITIONS,
AUDIO-VISUAL EFFECTS, METHODS OF OPERATION, MORAL RIGHTS, DOCUMENTATION, IN-GAME CHAT TRANSCRIPTS, CHARACTER PROFILE INFORMATION,
RECORDINGS OF GAMES PLAYED ON SAHARAMC SERVER, SAHARAMC SERVER CONFIGURATIONS.
“Terms of Service” (OR “TERMS”) MEANS THE TERMS AND CONDITIONS IN THIS AGREEMENT.
“USER CONTENT” MEANS ANY AND ALL DATA THAT YOU UPLOAD, TRANSMIT, OR CREATE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION CHARACTER
SKINS, BUILDINGS, FORUM POSTS, ACCOUNT PERSONAS, PROFILE INFORMATION, SOFTWARE, SOUND, IMAGES, VIDEOS, PRECISE AND IMPRECISE LOCATION DATA,
EXIF DATA, TIMESTAMPS, METADATA, AND ANY OTHER CONTENT CONTRIBUTED BY USERS TO THE SERVICES.
“SaharaMC” MEANS, SaharaMC INC. REFERENCES TO “US,” “WE,” OR “OUR” MEANS SAHARAMC, INCLUDING ANY AND ALL SUBSIDIARIES PARENT
COMPANIES, JOINT VENTURES, AND OTHER CORPORATE ENTITIES UNDER COMMON OWNERSHIP AND/OR ANY OF THEIR AGENTS, CONSULTANTS, EMPLOYEES,
OFFICERS, AND DIRECTORS. SAHARAMC DOES NOT INCLUDE SAHARAMC AFFILIATES OR THIRD PARTIES (ANALYTICS, OR SIMILAR ORGANIZATIONS).
“SaharaMC Affiliate” (or “SaharaMC Affiliates”) MEANS SAHARAMC’S THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, OR
LICENSORS.
4) USER CONTENT
A) TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, SAHARAMC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USER SUBMITTING
ANY USER CONTENT, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR PRE-SCREENING OR MONITORING THE SERVICES FOR INAPPROPRIATE OR
ILLEGAL CONTENT OR CONDUCT. WE ARE UNABLE TO PRE-SCREEN OR MONITOR ALL USER CONTENT AND WE WILL NOT DO SO. YOUR USE OF THE
SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT THAT YOU POST.
B) WHEN YOU TRANSMIT OR UPLOAD USER CONTENT, YOU AGREE TO ABIDE BY THE FOLLOWING RULES:
I. ALL CONTENT WILL BE ACCURATE, COMPLETE, AND FREE FROM FRAUD AND DECEPTION;
II. ALL CONTENT WILL BE FREE OF ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT;
III. ALL CONTENT WILL BE FREE FROM OBSCENITY, THREATS, DEFAMATION, INVASION OF PRIVACY, AND OTHER INJURIES TO THIRD PARTIES;
IV. ALL CONTENT WILL BE IN COMPLIANCE WITH THESE TERMS OF SERVICE;
V. ALL CONTENT WILL NOT BE IN VIOLATION OF ANY LAW, CONTRACTUAL RESTRICTIONS, OR OTHER PARTIES' RIGHTS;
VI. ALL CONTENT WILL BE FREE OF VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE; AND
VII. ALL CONTENT WILL BE FREE OF SPAM, COMMERCIAL SOLICITATION, CHAIN LETTERS, AND MASS MAILINGS.
C) ALL USER CONTENT THAT YOU POST WILL BE CONSIDERED NON-CONFIDENTIAL. SAHARAMC WILL ONLY SHARE PERSONAL INFORMATION THAT YOU
PROVIDE IN ACCORDANCE WITH THE PRIVACY POLICY. SAHARAMC IS NOT RESPONSIBLE FOR ANY OTHER USER OR THIRD PARTY’S USE OR
APPROPRIATION OF ANY USER CONTENT THAT YOU HAVE SUBMITTED THROUGH THE SERVICES.
D) YOU HEREBY GRANT SAHARAMC A NON-EXCLUSIVE, REVOCABLE, PERPETUAL, TRANSFERABLE, FULLY PAID-UP, ROYALTY-FREE, WORLDWIDE LICENSE
(INCLUDING THE RIGHT TO SUBLICENSE AND ASSIGN TO THIRD PARTIES) AND RIGHT TO USE, COPY, REPRODUCE, QUOTE, RE-POST, FIX, PRINT, ARCHIVE,
STORE, ADAPT, MODIFY, ADAPT, CREATE DERIVATIVE WORKS FROM, MANUFACTURE, COMMERCIALIZE, PUBLISH, DISTRIBUTE, SELL, LICENSE, SUBLICENSE,
SYNDICATE, TRANSFER, TRANSLATE, LEASE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, OR PROVIDE ACCESS TO ELECTRONICALLY, BROADCAST,
COMMUNICATE TO THE PUBLIC BY TELECOMMUNICATION, DISPLAY, PERFORM, ENTER INTO COMPUTER MEMORY, AND PRACTICE, IN ANY WAY, YOUR
USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER OR FORM IN ANY MEDIUM OR FORMAT, WHETHER NOW KNOWN OR HEREAFTER DEVISED,
AS WELL AS ALL MODIFIED AND DERIVATIVE WORKS THEREOF IN CONNECTION WITH OUR PROVISION OF THE SERVICES, INCLUDING MARKETING AND
PROMOTIONS OF THE SERVICES, AND WITHOUT NOTICE, PAYMENT, OR ATTRIBUTION OF ANY KIND TO YOU OR ANY THIRD PARTY. ACCORDINGLY, YOU
GRANT TO SAHARAMC AND SAHARAMC AFFILIATES ALL LICENSES, CONSENTS, AND CLEARANCES NECESSARY TO ENABLE SAHARAMC TO USE USER
CONTENT FOR SUCH PURPOSES. YOU ALSO HEREBY GRANT TO SAHARAMC THE RIGHT TO AUTHORIZE OTHERS TO EXERCISE ANY OF THE RIGHTS
GRANTED TO SAHARAMC UNDER THIS SECTION. YOU FURTHER HEREBY GRANT TO SAHARAMC THE UNCONDITIONAL, IRREVOCABLE RIGHT TO USE AND
EXPLOIT YOUR NAME, LIKENESS AND ANY OTHER INFORMATION OR MATERIAL INCLUDED IN ANY USER CONTENT AND IN CONNECTION WITH ANY USER
CONTENT, WITHOUT ANY OBLIGATION TO YOU. EXCEPT AS PROHIBITED BY LAW, YOU WAIVE ANY RIGHTS OF ATTRIBUTION AND/OR ANY MORAL RIGHTS
YOU MAY HAVE IN YOUR USER CONTENT, REGARDLESS OF WHETHER YOUR USER CONTENT IS ALTERED OR CHANGED IN ANY MANNER. SAHARAMC
DOES NOT CLAIM ANY OWNERSHIP RIGHTS IN YOUR USER CONTENT AND NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO RESTRICT ANY RIGHTS
THAT YOU MAY HAVE TO USE AND EXPLOIT YOUR USER CONTENT. YOU AGREE THAT YOU CAN ONLY REVOKE THIS LICENSE BY SENDING NOTICE TO THE
CONTACT LISTED IN SECTION 10(B) BELOW.
E) IN COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT, AND OTHER SIMILAR OR EQUIVALENT APPLICABLE LAWS, IF SAHARAMC IS NOTIFIED
THAT YOU HAVE INFRINGED THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS THEN YOUR ACCESS TO THE SERVICES MAY BE
TERMINATED WITHOUT PRIOR NOTICE TO YOU. IF YOU BELIEVE THAT YOUR CONTENT HAS BEEN INFRINGED IN THE SERVICES, PLEASE NOTIFY US BY
EMAILING THE FOLLOWING ADDRESS: [email protected]. NOTE THAT IF YOU KNOWINGLY MISREPRESENT COPYRIGHT INFRINGEMENT, YOU
MAY BE LIABLE FOR DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES. NOTICES SUBMITTED TO SAHARAMC UNDER THIS PROVISION SHOULD
INCLUDE:
I. A DESCRIPTION OF THE INTELLECTUAL PROPERTY RIGHTS CLAIMED TO HAVE BEEN INFRINGED;
II. A DESCRIPTION OF THE MATERIAL CLAIMED TO BE INFRINGING;
III. YOUR NAME, AND EMAIL ADDRESS;
IV. A STATEMENT BY YOU THAT: (1) YOU HAVE A GOOD FAITH BELIEF THAT INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT HAS OCCURRED
HERE; AND (2) THE INFORMATION IN THIS NOTIFICATION IS ACCURATE, AND, UNDER PENALTY OF PERJURY, YOU ARE AUTHORIZED TO ACT ON
BEHALF OF THE OWNER OF THE INTELLECTUAL PROPERTY RIGHTS THAT ARE ALLEGEDLY INFRINGED; AND
V. A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE INTELLECTUAL PROPERTY
RIGHTS THAT ARE ALLEGEDLY INFRINGED.
5) TERM
UNLESS MODIFIED OR AMENDED BY SAHARAMC, THIS AGREEMENT AND ITS PROVISIONS SHALL REMAIN IN EFFECT. TERMINATION OF ANY LICENSE GRANTED BY
SAHARAMC UNDER THIS AGREEMENT DOES NOT AFFECT ANY OTHER PROVISIONS OF THIS AGREEMENT.
9) INDEMNITY
A) YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SAHARAMC, SAHARAMC AFFILIATES, AND ANY THIRD-PARTIES UNDER AGREEMENT WITH
SAHARAMC, AND ANY EMPLOYEE, CONTRACTOR, VENDOR, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR
OFFICER OF ANY OF THE FOREGOING, AS WELL AS ANY PERSON USING THE SERVICES AND ANY PERSON OR ENTITY THAT BECOMES AWARE OF YOUR USE
OF THE SERVICES AT ANY TIME, WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, AWARDS, INJURIES, DAMAGES, LOSSES, COSTS, FEES,
OR EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES AND COSTS) THAT ARISE UNDER, FROM OR IN ANY WAY, DIRECTLY OR INDIRECTLY,
RELATE TO:
I. YOUR FAILURE TO COMPLY WITH ANY PROVISION OF THESE TERMS OF SERVICE;
II. YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ECONOMIC, PHYSICAL, EMOTIONAL, PSYCHOLOGICAL OR PRIVACY RELATED
CONSIDERATIONS; AND
III. YOUR ACTIONS TO KNOWINGLY AFFECT THE SERVICES VIA ANY BLOATWARE, MALWARE, COMPUTER VIRUS, WORM, TROJAN HORSE,
SPYWARE, ADWARE, CRIMEWARE, SCAREWARE, ROOTKIT OR ANY OTHER PROGRAM INSTALLED IN A WAY THAT EXECUTABLE CODE OF ANY
PROGRAM IS SCHEDULED TO UTILIZE OR UTILIZES PROCESSOR CYCLES DURING PERIODS OF TIME WHEN SUCH PROGRAM IS NOT DIRECTLY OR
INDIRECTLY BEING USED.
B) SAHARAMC AND SAHARAMC AFFILIATES RESERVE THE RIGHT, BUT NOT THE OBLIGATION, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE
DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
C) YOU ACKNOWLEDGE, AND FURTHER AGREE THAT SAHARAMC HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD HARMLESS YOU IN ANY WAY
RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SERVICES, USE OF THE SERVICES BY ANY PERSON, OR ANY
CONNECTION BETWEEN THE FOREGOING AND ANY OTHER PERSON OR ENTITY THAT BECOMES AWARE OF YOUR USE OF THE SERVICES AT ANY TIME.
D) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11) MISCELLANEOUS
A) CHANGES
IT IS YOUR RESPONSIBILITY TO READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU
ACKNOWLEDGE THAT SAHARAMC MAY MAKE CHANGES TO THESE TERMS OF SERVICE AT ANY TIME, AND THAT SECTION HEADINGS IN THIS AGREEMENT
ARE FOR PURPOSES OF CONVENIENCE ONLY. UNLESS SAHARAMC STATES OTHERWISE, ANY CHANGES TO THESE TERMS ARE EFFECTIVE WHEN POSTED. IF
YOU CONTINUE TO USE THE SERVICES AFTER ANY CHANGES ARE POSTED THEN YOU AGREE THAT THOSE CHANGES WILL APPLY TO YOUR CONTINUED USE
OF THE SERVICES. YOU SHOULD CHECK THIS PAGE REGULARLY TO STAY INFORMED ABOUT ANY CHANGES WHICH YOU ACCEPT BY CONTINUING TO USE THE
SERVICES.
B) COMPLETE AGREEMENT
THIS AGREEMENT: (1) IS THE FINAL AND COMPLETE AGREEMENT AND UNDERSTANDING OF THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF,
AND SUPERSEDES AND REPLACES ANY AND ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS AND UNDERSTANDINGS WITH RESPECT THERETO; (2) MAY
NOT BE CHANGED, AMENDED, OR IN ANY MANNER MODIFIED EXCEPT AS AUTHORIZED IN A WRITING SIGNED BY BOTH PARTIES’ AUTHORIZED AGENTS;
(3) IS NOT ASSIGNABLE, EXCEPT TO A SUCCESSOR IN INTEREST TO SUBSTANTIALLY ALL OF A PARTY’S BUSINESS OR ASSETS AND ANY OTHER ATTEMPT TO
ASSIGN OR TRANSFER THIS AGREEMENT OR ANY INTEREST HEREIN IS VOID; AND (4) SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF, THE
PARTIES HERETO, THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, PERSONAL REPRESENTATIVES, LICENSEES, AND ASSIGNS.
C) FORCE MAJEURE
NO PARTY SHALL BE RESPONSIBLE FOR DELAYS OR FAILURE OF PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF SUCH
PARTY, INCLUDING, WAR, TERRORISM, ACTS OF PUBLIC ENEMIES, STRIKES OR OTHER LABOR DISTURBANCES, POWER FAILURES, FIRES, FLOODS,
EARTHQUAKES, ACTS OF GOD, AND OTHER NATURAL DISASTERS.
D) WAIVER
NO ACT OR FAILURE TO ACT BY SAHARAMC WILL BE DEEMED A WAIVER OF ANY RIGHT CONTAINED IN THIS AGREEMENT, AND ANY WAIVER BY
SAHARAMC MUST BE IN WRITING AND SIGNED BY AN OFFICER OF SAHARAMC. IF SAHARAMC DOES EXPRESSLY WAIVE ANY PROVISION OF THIS
AGREEMENT, SUCH WAIVER SHALL NOT BE A WAIVER OF ANY OTHER PROVISIONS OF THIS AGREEMENT, AND THE WAIVED PROVISION SHALL NOT BE
WAIVED FOR ALL TIME IN THE FUTURE.
E) SEVERABILITY
IF ANY PROVISION OR SUB-PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE, THE REMAINDER SHALL BE ENFORCED AS
FULLY AS POSSIBLE AND THE UNENFORCEABLE PROVISION OR SUB-PROVISION SHALL BE DEEMED MODIFIED TO THE LIMITED EXTENT REQUIRED TO PERMIT
ITS ENFORCEMENT IN A MANNER MOST CLOSELY REPRESENTING THE INTENTION OF THE PARTIES AS EXPRESSED HEREIN.
F)REMEDIES
YOU ACKNOWLEDGE AND AGREE THAT ANY VIOLATION OR THREATENED VIOLATION OF THIS AGREEMENT WILL CAUSE IRREPARABLE INJURY TO
SAHARAMC, ENTITLING SAHARAMC TO SEEK INJUNCTIVE RELIEF WITHOUT THE NECESSITY OF PROVING ACTUAL DAMAGES, IN ADDITION TO ALL OTHER
REMEDIES AT LAW OR IN EQUITY. YOU SPECIFICALLY ACKNOWLEDGE THAT MONEY DAMAGES ALONE WOULD BE AN INADEQUATE REMEDY FOR THE
INJURIES AND DAMAGES THAT WOULD BE SUFFERED AND INCURRED BY SAHARAMC AS A RESULT OF A BREACH OF ANY OF THE PROVISIONS OF THIS
AGREEMENT.
G) GOVERNING LAW AND VENUE
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF NEW YORK WITHOUT REFERENCE TO ANY CHOICE OR CONFLICT OF LAWS PRINCIPLES. UNLESS SUBJECT TO ARBITRATION UNDER
SECTION 10, THE COURTS IN THE STATE OF NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING
OUT OF, OR RELATING TO, DISPUTES OR CLAIMS THAT MIGHT ARISE UNDER THIS AGREEMENT. ACCORDINGLY, THE PARTIES CONSENT TO THE PERSONAL
JURISDICTION OF THE COURTS IN THE STATE OF NEW YORK, AND HEREBY WAIVE ANY AND ALL JURISDICTIONAL OR VENUE DEFENSES OTHERWISE
AVAILABLE TO THEM.
H) LANGUAGE
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTROLLING LANGUAGE FOR THESE TERMS OF SERVICE IS ENGLISH.