Legal

Last updated January 16, 2012.

Visiting this website, joining Freedragon's Minecraft server, or otherwise making use of Freedragon's services and virtual goods constitutes agreement to the terms and disclaimers on this page. If you do not agree to the terms of this agreement, do not make use of our services and virtual goods.

Definitions

General Terms

1. Access to Freedragon's services and virtual goods.
Your access to any services and virtual goods provided by Freedragon is governed by this agreement. As part of this agreement, Freedragon grants you a revokable and limited license to access to our basic services at no charge, subject to the terms of this agreement. Freedragon services are intended for use by users who are at least 13 years old, and if you are not at least 13 years old, you must not use any of Freedragon's services that ask you for personally identifiable information.

2. Abide by all rules.
You must abide by all posted rules. Additionally, if an administrator or moderator tells you do something, or to cease doing something, you must follow their directions.

3. No causing harm to Freedragon servers.
You must not cause harm to any servers hosting Freedragon's services in any way, or knowingly engage in any action that carries a high risk of causing harm to our servers. You must not engage in any action that deprives other users of full enjoyment of Freedragon's services.

4. No illegal activity.
You must not engage in any activity that is illegal in the United States while using Freedragon's services, or any activity that a Freedragon administrator or moderator believes may be illegal.

5. MCBans.
Freedragon makes use of the MCBans global banning system to protect our servers and services from known harmful or compromised Minecraft accounts. If you have received one or more global bans on the MCBans system, you may be denied access to Freedragon's services. If you are restricted access to Freedragon's services by the MCBans system, then your license to use Freedragon's services may be suspended or terminated until you successfully appeal a sufficient number of global bans for MCBans to no longer restrict your access.

You may contact Tathar directly to request an MCBans exemption for one or more Freedragon Minecraft servers. You may not request an exemption if a ban has been issued on your account by a Freedragon administrator or moderator, nor may you request an exemption a second time if your first request was denied. Tathar has sole discretion to accept or deny your request for any reason, including no reason at all, and Tathar's decision is final.

As the MCBans system is a third-party system, we are not responsible for the MCBans system and cannot be held liable for its actions.

6. Restrictions, suspension, termination.
If you fail to abide by any of the terms of this agreement, we may restrict, suspend, or terminate your license to use our services and virtual goods, at our discretion. If we issue a local or global ban on your Minecraft account through the MCBans system, you may appeal our decision within 60 days of the ban's issuance. Depending on whether the ban is local or global, a Freedragon administrator or MCBans representative may review your ban and issue a decision regarding whether the ban will remain unchanged, be modified, or be removed entirely. The decision made from this appeal shall be final.

7. User-generated content.
Unless otherwise agreed upon between you and Freedragon, you retain ownership of your copyrights and other intellectual property rights in any user-generated content you produce, subject to the non-exclusive right that you grant to us as described in this agreement.

You grant Freedragon a worldwide, royalty-free, freely transferable, freely sublicensable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display, and create derivative works of the user-generated content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such user-generated content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may, but are not obligated to, display your user-generated content, and your username or your actual name along with your user-generated content.

8. Modification of site and services.
Freedragon reserves the right to temporarily or permanently modify or discontinue, and restrict or block access to, the website, or any part thereof, without notice. We may temporarily or permanently modify or remove any part or all of your user-generated content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect Freedragon's license to your user-generated content.

9. Modification of terms.
Freedragon reserves the right to modify, alter, create, or remove terms from this agreement with or without notification to you. It is your responsibility to stay current with the most recent terms by visiting this page regularly. If you do not agree to the amended terms of this agreement, you must cease use of all Freedragon services and virtual goods.

10. Entire agreement
This agreement (including our server rules and privacy policy) comprise the entire agreement between you and Freedragon with respect to the use of Freedragon's services and virtual goods. This agreement supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in this agreement.

11. Additional terms
If any part of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

This agreement's terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Tathar. Any attempt by you to assign, transfer or delegate the terms of this agreement without the express written permission of Tathar will be null and void. Freedragon shall have the right to transfer, assign and/or delegate the terms of this agreement to one or more third parties without your permission.

Any action concerning any dispute you may have with respect to Freedragon's services and virtual goods must be commenced within sixty days after the cause of the dispute arises, or the cause of action is barred.

This agreement shall be governed by the laws of the State of Florida, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You hereby consent to jurisdiction in a state or federal court sitting in Pinellas County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.

Terms for Donations

12. Donations, donation rewards.
You are not entitled to a refund of any donation you make to Freedragon. Freedragon may elect to give you a refund for any reason, but is not required to.

If you donate through a PayPal "Buy Now" button, you are entitled to receive the donation reward you selected, except in the following circumstances:

Additionally, if you have donation rewards and then later have your license to use our services or virtual goods restricted, suspended, or terminated, you forfeit access to your donation rewards until your license is reinstated, and you will not receive a refund for any donation rewards forfeited.

Any rewards given or offered by Freedragon to you are thank-you gifts in response to one or more of your donations to Freedragon. Freedragon will try to give you your donation rewards within 72 hours of receipt of your donation, but makes no guarantee regarding the timeliness of any donation rewards.

13. Disputes and chargebacks.
You must not abuse the dispute or chargeback system on any monetary donation you make to Freedragon in an effort to get a refund. In the case multiple disputes and chargebacks are issued on your donations, or we detect that you are abusing the dispute or chargeback system, we may, in our sole discretion, elect to terminate your license to use our services and virtual goods permanently.

In response to a dispute or chargeback issued on your donation, Freedragon may restrict or suspend your access to our services and virtual goods, as well as refuse to give you further donation rewards for your donations. These restrictions will remain in place until you contact Tathar and follow his instructions to repay us the donated amount plus any further expenses we incurred in fighting the dispute or chargeback. In the event you issue a dispute or chargeback request on one or more donations, you must immediately cancel your dispute or chargeback request to avoid this penalty.

If you have a problem with one or more of your donations, please use the contact form on our website or post a thread on our Donor Support forum.

Disclaimers

14. Limitation of liability.
Freedragon disclaims any and all liability arising from your use of our services and virtual goods. In no event shall the total liability of Freedragon to you be greater than the minimum of the money you paid to Freedragon or five US dollars.

Freedragon may not, in any event, be held liable for any user-generated content created by its users. Freedragon is neither able to nor required to screen user-generated content for inaccurate, objectionable, harmful, or illegal material.

Freedragon makes use of content and software developed and maintained by third parties. We are not responsible for any third-party content and software, nor may we be held liable for any damages you incur as part of your use of any third-party content or software.

15. Indemnification.
As a condition of your access to and use of Freedragon's website, services, and virtual goods, you agree to hold Freedragon, its administrators and moderators, and Tathar, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to your use of Freedragon's website, services, and virtual goods.

16. Disclaimer of warranties.
Freedragon's services and virtual goods are provided "as is" and "as available." Freedragon does not warrant or guarantee the successful use of our services and virtual goods. We disclaim all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

17. Freedragon is not a charity.
Freedragon is not a charitable organization, and donations made to Freedragon are not tax-deductible in the United States.

18. No waiver.
The failure of Freedragon to exercise or enforce any right or provision of this agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Freedragon's right to act with respect to subsequent or similar breaches.

19. Paragraph Headings.
The paragraph headings in this agreement are included to help make these terms easier to read and have no binding effect.