TERMS & CONDITIONS
Last update 7th July 2021
1. Your Account
In order to access the Service you must create a Terror Firma Account (an “Account”). You must be at least 15 years of age to create an Account, and if you are between 15 and 18 years of age, you must get your parents’ or legal guardians’ consent prior to creating such Account. With regard to your registration for an Account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form, and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and for restricting unauthorized access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account, unless as otherwise specified hereunder. When you choose a forum name or other nickname for our Services, we ask that you do not use your own or another person´s real name, or a name protected by copyright or trademark.
You acknowledge and agree that, to the fullest extent permissible under applicable law, you shall have no ownership or other interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Terror Firma.
2. Grant of License and Restrictions
B) Disrupt or assist in the disruption of any Game and/or Service server or any other user’s Game and/or Service experience;
C) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify a Game;
D) Exploit the Game, the Services or any of its parts for any commercial purpose, other than as permitted under the EULA, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
E) Remove, disable or circumvent any security protections such as digital rights management (known as “DRM”), proprietary notices or labels contained on or within the Game;
F) Use any obscene, pornographic, provocative or racist language or material in the Game or on the Communications Facilities (as defined below); or
G) Use any meta tags or any other “hidden text” utilizing Terror Firma’s name or trademarks.
3. Communication Facilities.
Through some of Terror Firma’s Sites, community forums and Games you may communicate with other users of the Service and players of the Games (“Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send messages in connection with the Game. You agree that you will not: A) Transmit messages which are offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;
B) Post advertisements to sell goods or services;
C) Impersonate any real person, including without limitation an agent of Terror Firma, or otherwise communicate in the Communication Services in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Terror Firma;
D) Engage in “trolling”;
E) Engage in spamming, double posting, cross-posting, and resurrecting old posts;
F) Hack any Communication Facility or exploit any bugs in same; or
G) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy and publicity, unless you own or control the rights thereto or have received all necessary consents.
Additional rules in connection with the Communication Facilities may be posted within such facilities. Terror Firma reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Communication Facilities reflect only the view of their authors and Terror Firma specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in the Communication Facilities. Terror Firma is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
If you encounter content created by another user that you find offensive (as defined in the above §3.A), we encourage you to report this content by filing a ticket using our support portal. You can access the portal using the following URL: https://www.abterrorfirma.com/contact . Please provide as much detailed information in the ticket as possible, including but not limited to: what content you find offensive, the user name of the person exposing you to such content, what type of platform you were using, game version number, save game ID/SGID for the multiplayer session (if applicable) and any other form of relevant information that might help us identify the content and/or user.
4. Additional Services
A. Weekly Additional Services Limit. You may only purchase a total maximum amount of ten thousand U.S. dollars (US$10,000.00) of Additional Services per week;
B. If Terror Firma has reason to believe or suspects that you are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Terror Firma has the right to provide relevant information to law enforcement bodies to investigate these suspicions;
C. If Terror Firma has reason to believe or suspects that you are exploiting any defects in the Game or Services or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Terror Firma has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Terror Firma has the right to take any action Terror Firma deems necessary, including immediately terminating your use of the Service and deleting your Account, in which case the entire Account shall be deemed forfeited;
D. If you are prohibited from receiving online game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game or Additional Services in the Game. In any case, you shall be responsible for the use of the Game in your country in accordance with local laws; and
E. User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at User’s sole discretion.
5. User Generated Content
Any use of the mod tools, and creation and publication of mods, is for strictly non-commercial purposes only, and you may not require any fees but may receive voluntary donations for your creation, publication and/or use of mods
By publishing a mod based on a Terror Firma game, you hereby grant to Terror Firma and its affiliates a non-exclusive, royalty-free, sublicensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your mod. Explicitly, this license shall include the right to make the mod publicly available through other channels of distribution, and the right to adapt a mod to be compatible with other platforms. This license shall survive termination of the EULA.
Your mod may not contain any material which (i) infringes any applicable law; (ii) resemblance any recognisable third party brand, character or personality, including but not limited to any trademarks or logos except for those assets provided by Terror Firma; (iii) any third party assets, from other games published by Terror Firma and its affiliates or any other third party; (iv) any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; (v) is obscene, indecent, pornographic, offensive, defamatory, fraudulent, threatening, hate speech, liable to incite racial hatred, acts of terrorism or violence, menacing, blasphemous or contains nudity or gratuitous or graphic violence; (vii) has been posted or published in breach of a third party’s rights (including intellectual property rights); (viii) brings, or is likely to bring, Terror Firma, its affiliates, licensees or licensors into disrepute; or (ix) in relation to mods related for example to the game Cities: Skylines®, make reference to any organisation whose principal business includes the sale of tobacco or tobacco related products, or firearms.
You represent and warrant that any mod created by you, and your grant of rights in such mod, does not violate any applicable contract, law or regulation, and that the mod is your original creative work and does not infringe any third party´s intellectual property rights or any other rights. Terror Firma specifically disclaims any liability with regard to any mod, and you agree to indemnify, defend and hold Terror Firma and its, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish.
We reserve the right to suspend access to, or terminate your licence for, any mods published by you or modding tools provided by us. Terror Firma is under no obligation to use, distribute or continue to distribute mods, and you understand that Terror Firma may restrict, or remove, your mods for any reason.
Please note that other rules - specific to a particular game or studio- may also apply to mods based on Terror Firma games.
THE SERVICE IS PROVIDED BY TERROR FIRMA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TERROR FIRMA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TERROR FIRMA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICE, TERROR FIRMA SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF TERROR FIRMA , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL TERROR FIRMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TERROR FIRMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Electronic Communications
When you visit the Site, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically in order to answer your inquiries or comments, to provide you with an invoice or game key, or with general information regarding the Service, any Game or product. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Updates to the Services.
For the purpose of improving its products and services, Terror Firma may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Terror Firma may update the Service and the Games on your computer, with or without notification.
13. Equitable Remedies
16. Governing Law/Jurisdiction
18. Contacting Us
Terms of Sale
Last update 7th July 2021
1. Acceptance of the Terms of Sale
2. Making a purchase on the Store
3. Liability for Unauthorized Transactions
You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account or password, unless as otherwise specified hereunder. You are responsible for all purchases of Terror Firma Content made through your account. Terror Firma shall not be liable for any loss that you may incur as a result of unauthorized purchase or uses of your Account, when such loss is due to your failure at maintaining the security and confidentiality of your Account.
4. Use of registration information and non-personally identifiable information
The price payable by you is the price indicated on the checkout page before you finalize your purchase. The price displayed on the Store and in the confirmation email will include any applicable Sales Tax, GST and VAT. For physical goods, the cost of shipping is dependent on the package weight, its dimensions and where the Terror Firma Content will be delivered. The cost of shipping is included in the final price displayed on the Store, before checkout. Please note that if your delivery address is outside of the European Union, you may also be subject to customs charges. These fees are payable by you and are NOT included in the price. Terror Firma reserves the right to change the price and availability of any and all Terror Firma Content at any time without notice; provided that such price change will not affect your purchase price for orders that Terror Firma has already received from you and processed.
6. Delivery of Terror Firma Content
6.1 Digital Content
Terror Firma will strive to deliver properly ordered digital content to you within a reasonable amount of time. However, occasionally, technical problems and/or a manual review of the order may delay or prevent delivery of the ordered digital content. Your remedy with respect to a digital content that is not delivered within a reasonable amount of time is to either receive a replacement of such digital content, or a refund of the purchase price paid for such a digital content. Our obligation to deliver the digital content to you shall be complete at such time as, and place where, you first receive the downloaded digital content. Furthermore, Terror Firma will not supply any Products or services to you until your credit card issuer has authorized the use of your card for payment of the digital content ordered.
6.1.1 Digital Content delivered by means of a product key.
The maximum amount of product keys you may buy for a single digital content through a Terror Firma Account may be limited. Furthermore, any sale of product keys is for non-commercial purposes only and any sale or distribution of the Products to third parties for commercial purposes is strictly forbidden. In cases of suspected fraud or illegal trade with our product keys, Terror Firma reserves the right to lock your product key(s). If you purchase a product key prior to the release date of the digital content, once the purchase has been completed, you will receive an email confirming the purchase of the digital content. On the release date of the applicable digital content, you will get another email containing the product key for the digital content.
6.1.2 Digital Content delivered directly to your STEAM account or Terror Firma account.
Digital content which supports cross-platform ownership will be delivered directly to your Terror Firma account and the STEAM account with which you have linked your Terror Firma account. If you make a pre-order of digital content which supports cross-platform ownership, then once the purchase has been completed you will receive an email confirming the purchase of the digital content. On the release date of the applicable digital content, the digital content will be delivered to your STEAM account and Terror Firma account.
6.2 Physical Goods
Terror Firma will strive to deliver all properly ordered physical goods to you within a reasonable amount of time. When electing the International Standard shipping method we ask you to allow up to three (3) weeks after you receive the confirmation email for your purchase to be delivered. If after three (3) weeks, you have not received your order, please contact Terror Firma Customer Support.
7. Events and Shows
7.1 Age Restrictions.
Please note that specific age restrictions may apply to certain events or happenings and to the purchase of tickets to attend any such events or happenings. As a consequence, please read carefully the product webpages of any events you plan to attend before purchasing any tickets. Terror Firma reserves the right to refuse access to any events and happenings to anyone who fails to prove their age through valid photo ID.
By entering a Terror Firma show or event, you consent to release any and all rights you may otherwise have to your likeness, and to any photographs, recordings or other images owned or created by Terror Firma, by any exhibitor personnel, and by any member of the media. You grant Terror Firma, all exhibitors, and media the right, permission, and license to use your name, voice, image and likeness, and release Terror Firma, all exhibitors, and media from liability resulting from such use.
8. Payment methods
When you purchase Terror Firma Content via this Store, you may pay for your purchase using the payment method (the “Payment Method”) that Terror Firma identifies on the Store. Please note that you will be bound by your chosen Payment Method provider's terms and conditions, such as for example PayPal. Please contact such third party should you have any questions regarding your chosen Payment Method provider‘s terms and conditions.
Terror Firma does not offer refunds for Terror Firma Content purchased through the Store unless as otherwise specified herein and subject to any rights you may have under applicable law. In case of damaged goods, goods of unsatisfactory quality or goods in an unsellable condition please contact Terror Firma Customer Support for information on refunds. Any such requests will be dealt by Terror Firma on its sole discretion.
9.1 Right of Withdrawal for residents in EU/EEA
If you reside in the EU/EEA, you have the right to withdraw from a purchase of Terror Firma Content within fourteen (14) days without giving reason. The withdrawal period expires fourteen (14) days from the day the Terror Firma Content was delivered to you. In order to exercise your right of withdrawal, please contact us. In order for you to meet the withdrawal deadline, it is sufficient that you send us your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Please note that if you choose to exercise the right of withdrawal, you bear the cost of returning the goods to us. If you decide to withdraw from the purchase, we will refund to you all payments received from you without undue delay and in any event no later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the purchase. The refund will be done by the same Payment Method as you used for your purchase.
IMPORTANT NOTICE REGARDING DIGITAL CONTENT
Please note that you will lose your right of withdrawal for purchased digital content as soon as you have expressly consented to the performance of the digital content and have acknowledged that you will therefore lose your right to withdraw from the contract, and/or as soon as and have started to download such digital content on your computer or personal device, whichever occur first.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE STORE ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TERROR FIRMA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE STORE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TERROR FIRMA AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT TERROR FIRMA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY TERROR FIRMA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
Any claim you bring against us relating to your purchase must be submitted to us within reasonable time after you became aware of, or should have become aware of, the circumstances giving rise to a claim, and under no circumstances later than the minimum claim time permitted under applicable law.
12. Electronic Contracting
When you visit the Store or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Governing Law and Jurisdiction
These Terms of Sale are governed by and construed in accordance with the laws of the United Kingdom, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. You agree to submit to the personal jurisdiction of the courts of Preston, England for any cause of action arising out of or relating to your purchase.