P R I V A C Y

Time of Defiance

Time of Defiance is an online real time strategy game. You access the game via the Internet through our servers. This means that Nice Tech Ltd (NiCE) is providing a service to the customer (you). NiCE provide this service for a fee. NiCE maintains the game servers on our site at www.nicelycrafted.com.

The game Time of Defiance will be referred to as the "service" individual instances of Time of Defiance will be referred to as the "game", the customer will be referred to as "you" and Nice Tech Ltd will be referred to as "NiCE" or "we". The subscription for the service will be referred to as the "fee". The software that the customer downloads to play the game will be referred to as the "game client" or the "client"

The game client is downloaded from our Time of Defiance Community Website. This site is password protected, you will be provided with the password when you have enrolled as a player.

The following agreement sets out the terms under which NiCE will provide the service to you. NiCE may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If you do not agree to the revisions you may terminate your agreement immediately as per section 9.

Our Policy on Multiple Accounts

We welcome players who have more than one account for Time of Defiance.
However we do NOT allow you to use those accounts in the same game.

We monitor this by use of a "takeover and target" index that measures the takeovers and settings of units being taken over. Players who use multiple accounts and are detected by the "Takeover and Target" index within a game will have all Empires deleted from the server and will forfeit any points or medals for that game. Players who consistently play against this rule will have all accounts except their first subscription closed. Please don't forget this is a game, we want you and all the other players to have fun, having multiple accounts removes this pleasure for all concerned.

1. Account Information.

a. CID, Nickname and Empire Name

When you register to play Time of Defiance you will become a member of the service. The term "member" refers to any person or entity that pays the fee and enters into this Agreement with NiCE and is authorised by NiCE to use the Service. When you register for the Service, you will become a Member of the Service and an account will be created for you (your "Account"). Upon your registration as a Member of the Service, you will be given a Customer ID and you will be able to choose a nickname and an Empire name to identify yourself to other Members and Service staff when you use the Service (your "CID", "nickname" and "Empire Name"). You may not select as your nickname or Empire Name the name of another person using the service, or a name which violates any third party's trademark, copyright, or other proprietary right, or which NiCE deems in its discretion to be vulgar or otherwise offensive. NiCE reserves the right to delete any vulgar or otherwise offensive nickname or Empire Name, or to require you to change your nickname and/or Empire Name. You are entirely liable for all activities conducted through your Account and the CID registered to your Account.

b. Passwords.

Upon your registration for the Service, you will be given a password. Once you log into the Community Website you will be able to select a Password of your own choosing. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. NiCE employees will never ask for your password. Once you change your password it is encrypted on our servers and NiCE have no way of knowing what it is. Please DO NOT use your CID, nickname or Empire Name as your Password. We also recommend that you include numbers and letters in your password for extra security. If you lose your password you should contact the NiCE team at support@nicelycrafted.com who will reset it for you.

c. Terminated Accounts.

Members whose Accounts have been terminated by NiCE may not access the Service in any manner or for any reason, including through any other Account. Active Members may not knowingly allow former Members whose Accounts have been terminated to use the active Members' Accounts or CIDs.

2. Related Accounts.

If an Account is terminated by NiCE, NiCE shall have the right to terminate any other Account that shares the member name, phone number, email address, Internet Protocol address or credit card number with the terminated Account.

3. Charges for Service.

a. General Charges.

Current fees for using the Service are published in the purchase/subscribe section of the Web Site. NiCE may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the billing section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 9. Your continued use of the Service thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORISED CHARGES. Logging on to the service constitutes acceptance of these terms and conditions and NiCE will be deemed to have provided the service to you in full.

b. Payment by Credit Card.

Nice offers a number of different subscription options which includes one off charges for 6 and 12 months and recurring charges if you wish to pay monthly. By subscribing on a monthly basis you are entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation and authorise Nice Tech to levy such charges. NICE TECH MAY SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING VIA EMAIL) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. ALL CANCELLATION REQUESTS TO TERMINATE MONTHLY CHARGES NEED TO BE RECEIVED BY NICE TECH TWO BUSINESS DAYS BEFORE YOUR NEXT BILLING DATE. To terminate your authorisation or change your payment method please email support@nicelycrafted.com or use the cancellation option on your empire page at www.nicelycrafted.com.

4. Rights and Responsibilities.

a. Content.

NiCE intends that the game be playable by all ages and as such your interactions within the game should be kept free of content that NiCE deems to be harmful, offensive or otherwise in violation of the agreement. NiCE does not pre-screen Content as a matter of policy, but NiCE has the right, but not the responsibility, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement. Be warned that NiCE do capture content in the chat messages and chat rooms that we deem as inappropriate. NiCE will terminate the account of any member who repeatedly activates the content capture system.

NiCE also strongly discourages the swapping of addresses, phone numbers and other personal information within the game.

Unless specified otherwise in your transmission, by submitting Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to NiCE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.

The client for Time of Defiance is provided to you in an "as is" state. NiCE provide no warranty of its suitability for use on your computer nor does NiCE provide any warranty for continuous service. Any assets gained through play in the service are not transferable between accounts or games.

b. Privacy.

You understand that you have no expectation of privacy regarding the communications you make on the Service, and that NiCE representatives may monitor all communications made by or received from you whilst using the service.

5. Disclaimer of Warranty.

To the maximum extent allowed by law, NiCE, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND THE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NiCE, ITS PARENT AND AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SERVICE, THE SOFTWARE, AND THE INTERNET. NiCE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR ITEMS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY NiCE OR ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. NiCE makes no warranty with respect to any related software or hardware used or provided by NiCE in connection with the Service except as expressly set forth in the documentation of the CD.

6. Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT NiCE AND ITS AFFILIATES SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY NiCE, AFFILIATES OR ITS CONTENT PROVIDERS, OTHER MEMBERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE SOFTWARE. NiCE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE SERVICE. NiCE' AND ITS AFFILIATES' ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF ANY IMPLIED OR EXPRESS WARRANTY, OR FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL THE FEES PAID BY YOU FOR THE SERVICE.

7. Indemnification.

At NiCE' request, you agree to defend, indemnify and hold harmless NiCE, its affiliates, licensees, distributors, Content Providers and other Members of the Service, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. NiCE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

8. Termination.

Either you or NiCE may terminate your Account at any time without further obligation to the other. Further, NiCE reserves the right to terminate the Service at any time without further obligation to you. IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU MAY NOT ACCESS THE SERVICE IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, NiCE MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.

9. General Provisions.

You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void, except that you may transfer your Account to another person provided that person accepts the terms of this License Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. NiCE' failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by NiCE of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of NiCE shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of NiCE. This Agreement is governed by and construed under English law. All notices given by you or required under this Agreement shall be in writing and addressed to Nice Tech Ltd at Suite 1, The Studio, High Green, Great Shelford, CB2 5EG, UK, for the attention of Account Administration, or emailed to support@nicelycrafted.com.

In order to set up your Account, you will be required to accept all of the above terms and conditions. If you do not accept this Agreement, follow the return instructions given to you online.