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Terms of Service

This website is owned and operated by SD Solutions, LLC, a company registered in the USA.

1. Definitions

Muted - You can continue to play but will not be able to use text chat (privately or publicly).

Banned - You will not be able to access your account, and any licenses previously granted to you to use SynamicD will be revoked. This means you will lose your account, any in-game items, Event points, and SynamicD points. Most bans are definite, and will include any accounts linked to the original account.

Kick - You will be removed from the SynamicD server and be forced to reload the client. Any more infractions of the Rules of Conduct (RoC) will result in bans or mutes.

SynamicD - SynamicD inside of this Terms of Services includes servers, services, pages, websites, forums, products, social networking,   and anything of the sort. 

User Content - All information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with SynamicD. SynamicD includes  social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private, in-game messaging, or public forums, and social media, are included within this definition of User Content.

Virtual Currencies -  The in-game currency that can be purchased in certain parts of SynamicD. More information about Virtual Currencies can be found in section 11 of these terms and conditions.

2. Applicability of the terms and conditions

Please read these terms and conditions carefully. It is a condition of your use of SynamicD that you accept these terms and conditions in full. If you don't agree with any part, please do not use SynamicD.

If you have any questions about these terms and conditions, please contact us via email and do not use SynamicD until you are satisfied with and can accept these terms and conditions in full. (Include EMail, info@synamicd.com ? Maybe make a specific email for ToS so emails are divided/separated?)

3. Changes to the terms and conditions

We may change these terms and conditions to reflect:
(a) changes in applicable laws;
(b) regulatory or security requirements;
(c) relevant guidance or codes of practice;
(d) technical alterations to SynamicD; and
(e) to improve clarity and consistency.

Please check the terms and conditions whenever you use SynamicD. If you are not a Subscriber, we will treat your continued use of SynamicD as acceptance of these changes from their effective date (as shown above). If you are a Subscriber, we will treat the first renewal date of your subscription after the changes as your acceptance of the changes. If you do not agree with the changes you should cancel your subscription (as explained below in section 12 of these terms and conditions) before the renewal date.

4. Safety and abuse

Before using SynamicD, you should read the Online Safety Information.

We are under no obligation to monitor User Content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside SynamicD.

If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, you should report such inappropriate behaviour to any administrator/moderator as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the SynamicD. 

5. Your account and license

To use many features of SynamicD, we require you to create an account and, download client software. We grant valid account holders a non-exclusive, non-transferable, personal, limited license, which can be revoked at any time, to use SynamicD, to download and use our client software and to connect to our servers solely to use SynamicD for non-commercial purposes in accordance with these terms and conditions.
SynamicD and any associated software are licensed, not sold. Your license confers no title or ownership to SynamicD or software.

When setting up an account for SynamicD, you will be asked to choose a username. You must not choose a username that infringes the rights of any third party, impersonates SynamicD staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on the website or in the rules of SynamicD. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.

You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware. You must use your password in accordance with the password requirements specified on the website or in the rules of SynamicD. Real SynamicD staff will never ask you for your password. 

If you are ever redirected to SynamicD's website and are asked to type in a password, for your protection, please go to http://synamicd.com and log in through that site.

If you believe that someone has stolen your password or otherwise gained access to your account, you should contact an administrator as soon as possible.

6. Intellectual property rights and ownership

SynamicD® is a registered and/or unregistered trademark of SynamicD Limited in the United States. All third party trademarks are the property of their respective owners.

You must not reverse-engineer, decompile or modify any SynamicD client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to copy, transfer or sub-license it. You must not create or provide any other means by which any SynamicD may be played by others (including, without limitation, replacement or modified client/server software or server emulators). Please note that any such activity may constitute civil wrongs and/or criminal offences, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offences are being committed.

Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on SynamicD by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any SynamicD except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.

All intellectual property or other rights in any game account, content, virtual currency and virtual items in SynamicD are and will remain the property of SynamicD and/or its licensors. You are only granted limited permission (which can be revoked at anytime) to use such content or SynamicD, subject to and in accordance with these terms and conditions.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY SynamicD Products and Services OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SynamicD.

SynamicD does not recognise any purported: (a) transfers of virtual items or virtual currency which take place outside the rules of SynamicD Products and Services; (b) transfers of accounts; or (c) sale, gift or trade in the real world of anything that appears or originates in SynamicD.

SynamicD reserves the right to stop offering SynamicD Products and Services or a particular part of a SynamicD Products and Services at any time either permanently or temporarily, at which point any license granted to you to use the SynamicD Products and Services or a part thereof will be automatically terminated or suspended. In such event, SynamicD shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of SynamicD Products and Services.

7. Rules of Conduct

You must comply with the current version of any rules, guidelines, rules of conduct or instructions specified in any SynamicD Products and Services including our game rules. Any use of SynamicD, not in accordance with the game rules, exceeds the scope of the license granted by these terms and conditions and is prohibited.

8. User Content

You will comply with and be bound by the policies and rules of SynamicD relating to User Content, including our content standards policy below. This includes both public and private messages.

We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if:
(a) it is the subject of a complaint;
(b) if we consider that it breaches our terms and conditions (including our content standards policy) or the rules of a SynamicD;
(c) if we consider that such steps are necessary to protect us or others;
(d) a criminal act or civil wrong has been committed; or
(e) we are required to do so by law or an appropriate authority.

9. Content standards policy

This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to web page specific User Content policies, such as any policies on forum posts, in-game chat and private messaging or other policies on our websites from time to time.

In addition to agreeing to comply with the letter of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki or forum.
 

User Content

Must:

  • be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.

Must Not:

  • be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in anyway;
  • promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
  • be defamatory or an invasion of an individual’s right to privacy;
  • infringe the intellectual property or other rights of any third party, including copyrights, trade marks, database rights, any rights of confidentiality or any similar rights;
  • attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
  • include hyperlinks or connections to third party websites;
  • contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
  • reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
  • have any commercial purpose; and involve junk mail, spam, pyramid selling or similar schemes.

By posting chat or other materials on SynamicD, you grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide license to use and/or modify such materials on any SynamicD Product as we see fit. You waive any moral rights to the extent allowed by law.

You agree that by submitting any material of any kind to us for any purpose connected with any SynamicD Product (for examples, suggestions and ideas for any game or contributions to any gallery page), you are giving us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with SynamicD or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that SynamicD may not use User Content in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you warrant that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

10. Muting, Suspending, or Kicking your account

If, acting reasonably, we consider that:

Our terms and conditions or any SynamicD rules - have or may have been breached;
- there has been fraudulent, unlawful or abusive activity; or it is necessary in order to prevent or stop any harm or damage to us, to any SynamicD product and service, to other players or the general public we may at any time:
(i) Mute, Suspend, Ban, or Kick any or all accounts for SynamicD;
(ii) restrict access to any content-uploading or other feature of our service; and/or,
(iii) restrict access to or delete virtual currency or anything acquired by means of virtual currency.

These actions may result in loss of real money paid in prohibited transactions, such as account trading. If we take any of the above action, you may have a right of appeal.

We do not guarantee the ongoing supply of any SynamicD Products and Services. Upon reasonable notice to you, SynamicD may deactivate any account and you acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the account.

11. Virtual Currencies and Virtual Items

In certain SynamicD, we offer for sale (or in our sole discretion, as free promotions):
(i) Virtual Currencies, and
(ii) credits that can be redeemed to purchase card packs. Virtual Currencies can be redeemed (i.e. used) to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency from SynamicD, you must check that they have been correctly credited to your account and tell us immediately if not.

PLEASE TAKE NOTE that Virtual Currencies are subject to very important restrictions:

→ Virtual Currency may expire if they have not been redeemed within a certain period after acquisition, so you should redeem these as soon as possible. The expiry period is whatever we specify when you acquire the Virtual Currency or, if we haven't specified a time limit, forever.

→ Unless we say otherwise on our website, Virtual Currency can only be redeemed within the game where you acquired them. Each SynamicD Products and Services may contain one or more Virtual Currencies and unless otherwise stated, each Virtual Currency is independent and is not exchangeable for any other Currency outside of SynamicD. We may at any time in our sole discretion change or remove any Item which can be acquired using Virtual Currency , as well as change the amount of Virtual Currency needed to acquire a particular Item. You may only redeem Virtual Currency for Items on offer at the time of redemption.

→ Virtual Currency do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency, you do not own the Virtual Currency . Instead they constitute a measurement of the extent of your license in SynamicD. Similarly, any Virtual Currency balance shown in your account does not constitute a real world balance or reflect any stored monetary value.

→ We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real world monetary value. Virtual Currency are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. Virtual Currency and Items can never be redeemed for real world money, goods or any other item of monetary value, and cannot be inherited. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency, and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence.

→ For the avoidance of doubt, Virtual Currency have no cash value, do not accrue interest and, unless otherwise required by law, are not redeemable or refundable for any sum of money or monetary value from SynamicD at any time.

→ SynamicD reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency:
(1) if you have misused the Virtual Currency or breached any of these terms and conditions;
(2) if the Virtual Currency were awarded in error;
(3) if a payment for Virtual Currency is charged back or otherwise cancelled or reversed; or,
(4) if you have used Virtual Currency to conduct any fraudulent or illegal activity.

→ SynamicD reserves the right to restrict access to or delete Items:
(1) if you have misused the Items or breached any of these terms and conditions;
(2) if the Items were purchased using Virtual Currency awarded in error; or
(3) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise cancelled or reversed. In addition, Items that have been acquired by the redemption of Virtual Currency may expire after a period of time, which by default shall be twelve months from acquisition. In addition, Items may have particular restrictions, or be consumed or extinguished in the course of your use of SynamicD.

→ We may at any time decide to end in part or its entirety the Virtual Currency program for all or any of our SynamicD. Before we delete the unused Virtual Currency , we will endeavour to contact you to give at least four weeks to redeem them.

12. Refund policy

We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons.

Unless required by law, we will not refund any amounts paid in relation to Virtual Currency when:

  • You have been the victim of in-game scamming, as there are many warnings about avoiding this on SynamicD (however, we will do everything we reasonably can to assist you to recover your account).
  • You have been banned from SynamicD for violating these terms and conditions, any rules of SynamicD or the user content policy.
  • SynamicD stops offering SynamicD Products and Services or you decide to cancel your account.
  • If, after reading the above, you wish to request that we consider a refund, then please contact info@SynamicD.com for assistance, providing as much information as possible. Please note, refunds are given at the sole discretion of SynamicD.

13. Privacy policy and data protection policy

The terms of the Privacy Policy and Data Protection Policy are incorporated into this document by reference. For a description of how we use your personal data, please see our Privacy Policy.

14. Functioning of SynamicD

We will use reasonable endeavours to maintain operation of SynamicD and rectify faults as quickly as possible. We may have to suspend operation of SynamicD without notice for repair, maintenance, improvement or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.

We cannot guarantee that SynamicD will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.

We cannot guarantee the ongoing supply of any particular SynamicD product or service.

15. Third party sites and technologies

SynamicD may include links to internet sites or other technologies supplied by third parties including sites/technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.

Any third party sites or technologies suggested are not endorsed, controlled or verified by SynamicD. SynamicD does not guarantee that any suggested technologies will work on your computer or be virus free. Any suggestions made are not a warranty of any kind and SynamicD is not responsible for any disruption, problem, damage, data loss, cost or inconvenience caused by the suggested sites or technologies. SynamicD will not provide support for any sites or technologies which are not its own. SynamicD exercises no control over the copyright, patent or trademark compliance or legality of the suggested sites or technologies.

16. OUR AND YOUR LEGAL RESPONSIBILITY

SynamicD Products and Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SynamicD AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT SynamicD WILL BE UNINTERRUPTED OR FREE OF ERRORS. ACCORDINGLY, SynamicD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF SynamicD OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF SynamicD.

SynamicD EXPRESSLY DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE
(A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS;
(B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
(C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. BY USING SynamicD OR SERVICES OFFERED BY SynamicD, YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY SynamicD, TO THE MAXIMUM EXTENT ALLOWED BY LAW.

THE MAXIMUM LIABILITY OF SynamicD TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH SynamicD OR THESE TERMS SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO SynamicD DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT SynamicD'S LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.

YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF SynamicD Products and Services.

17. General

These terms and conditions and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersedes any previous terms and conditions between the parties in relation to such matters. The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of SynamicD’s licensors, successor and assigns. Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement. These terms and conditions are governed by English law and any dispute connected with them or SynamicD will be decided only by the courts of the United States of America.

18. Complaints

If you are dissatisfied with this website or any aspect of it, please contact us via the customer support section of the SynamicD website or write to our registered office above.


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