Last Updated: July 24, 2016
IF YOU REJECT THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER FIRST PURCHASING A DONATION RANK TO THE CRAFTING DEAD, YOU MAY REQUEST A FULL
AGREEMENT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
Welcome to Crafting Dead, LTD.’s ("Crafting Dead”) CraftingDead® (the "Game”). The Game includes two components:
- the software program along with any accompanying materials or documentation (collectively, the "Game Client”), and
- CraftingDead’s proprietary CraftingDead online service (the "Service”). Your use of the Game Client is subject to the CraftingDead’s
to playing the Game.
You must obtain a Minecraft Account from Minecraft.net, and register
for and log in using a Premium Minecraft account (a "Minecraft Account”) to play the Game. The Game is available for use only by authorized
end users in accordance with the terms of the Crafting Dead Agreements. Any use, reproduction, modification or distribution of the Game not
expressly authorized by the terms of the Crafting Dead Agreements is expressly prohibited.
- Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the Crafting Dead Agreements,
you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client.
You may not use the Service for any other purpose, or in connection with any other software.
- Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2
(collectively, the "License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded
as an infringement of Crafting Dead’s copyrights in and to the Game. You agree that you will not, under any circumstances:
- use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Crafting
- exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation
- use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Crafting Dead;
- for gathering in-game currency, items or resources for sale outside the Game; or
- performing in-game services in exchange for payment outside the Game, e.g., Currency Selling;
- use any unauthorized third-party software that intercepts, "Bot’s,” or otherwise collects information from or through the Game or the Service,
including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment;
provided, however, that Crafting Dead may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Crafting Dead;
- facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any
unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Crafting
- violate any applicable law or regulation in connection with your use of the Game Client or the Service; or
- disrupt or assist in the disruption of
- any computer used to support the Service (each a "Server”); or
- any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE
A VIOLATION OF CRIMINAL AND CIVIL LAWS.
for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the "license to play” granted to you.
- Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles,
computer code, GUI, Objects, players, player names, Custom Plugins, Capes, Ranks, Locations, concepts, artwork, character inventories, structural or landscape
designs, animations, sounds, musical compositions and recordings, audio-visual effects, Maps, character likenesses, methods of operation, moral rights, and any
related documentation) are owned or licensed by CraftingDead. The Game is protected by the copyright laws of the United States,United Kingdom & international
treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their
rights in the event of any violation of this License Agreement.
- No Ownership Rights in Account. NOT WITH STANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A CRAFTING DEAD SYSTEM, INCLUDING WITHOUT LIMITATION ANY MINECRAFT ACCOUNT’S, AND YOU FURTHER ACKNOWLEDGE
AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CRAFTING DEAD.
- Account Suspension/Deletion. CRAFTING DEAD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY MINECRAFT ACCOUNT OR MOJANG ACCOUNT AT ANY TIME FOR ANY REASON OR
FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the
- Code of Conduct. As with all things, your use of the Game is governed by certain rules. These rules, maintained and enforced exclusively by Crafting Dead,
must be adhered to by all players. It is your responsibility to know, understand and abide by this Crafting Dead Code of Conduct. The following rules are not
meant to be exhaustive, and Crafting Dead reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such
disciplinary measures as it sees fit up to and including Ban and Modpack Ban of the Account. Crafting Dead reserves the right to modify this Code of Conduct
at any time.
- When signing up for a minecraft account you are forced to enter a username. If Crafting Dead finds such a Username to be offensive or improper,
it may, in its sole and absolute discretion, Change the name, and/or ban or mute you in accordance to our server rules. In particular, you may not
use any name:
- Belonging to another person with the intent to impersonate that person, including without limitation a "Admin" or any other employee or
Staff member of Crafting Dead;
- That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise
- Subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity, or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
- Belonging to any religious figure or deity;
- Taken from Crafting Dead products;
- Related to drugs, sex, alcohol, or criminal activity;
- Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc)
- Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
- Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman");
- That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou");
- That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "Veteran," or "Soulcatcher"),
monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling
or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the
above name restrictions.
- . Rules Related to "Chat" and Interaction With Other Users. Communicating in-game with other Users and Crafting Dead Staff team, whether by text, voice or any
other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
- Transmit or post any content or language which, in the sole and absolute discretion of Crafting Dead, is deemed to be offensive, including without limitation
content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically
or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
- Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting
up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
- Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial
solicitations and/or advertisements for goods and services available outside of the Crafting Dead universe;
- Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation
continuous advertisements to sell goods or services;
- Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or
her own personal information in a private message directed to a single user;
- Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
- Participate in any action that, in the sole and absolute opinion of Crafting Dead, results or may result in an authorized user of the Game being "scammed"
or defrauded out of Currency, Kits, guns, or any other items that user has earned through authorized game play in the Game;
- Impersonate any real person, including without limitation any "Admin" or any other Crafting Dead staff member, nor may you communicate in the Game in any
way designed to make others believe that your message constitutes a server message or was otherwise posted by any Crafting Dead Staff member.
- Rules Related to Game Play. Game play is what Crafting Dead is all about, and Crafting Dead strictly enforces the rules that govern game play. Crafting Dead considers
most conduct to be part of the Game, and not harassment, so player-killing clan members, including friends and/or spawn camping, is considered a part of the Game. Because
the Game is a "player vs. player" game, you should always remember to protect yourself in areas where members hostile to you are, rather than contacting Crafting Dead's
in-game Staff team for help when you have been killed by an enemy in game, Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of
- Using or exploiting errors in game code, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to
obtain a competitive advantage over other players;
- Anything that Crafting Dead considers contrary to the "essence" of the Game.
- Ownership/Moving accounts or donation items from player to player. Crafting Dead does not recognize the transfer of donation items or kits (each an "Account”). You may not purchase,
sell, gift or trade any Donation, or offer to purchase, sell, gift or trade any Donation, and any such attempt shall be null and void. Crafting Dead owns, has licensed, or otherwise has
rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency
appearing or originating in the Game, or any other attributes associated with any Account. Crafting Dead does not recognize any purported transfers of virtual property executed outside
of the Game, or the purported sale, gift or trade in the "real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for
"real” money, or exchange those items or currency for value outside of the Game.
the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service,
are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following
any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Crafting Dead may change, modify, suspend, or discontinue any aspect of
the Game at any time. Crafting Dead may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. The entire risk arising
out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or
limitation of implied warranties, so the above limitations may not apply to you.
- Termination. This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all Crafting Dead Accounts registered to you.
In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for ranks or kits to Crafting Dead. You acknowledge and
agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Crafting Dead may terminate this Agreement (and your access
to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
- Limitation of Liability. IN NO EVENT SHALL CRAFTING DEAD, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE,
LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME
OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Crafting Dead's
aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Crafting Dead during the six (6) months immediately prior
to the time such claim arose.
- Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CRAFTING DEAD, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY,
DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.
- Force Majeure. Crafting Dead shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Crafting Dead, including without
limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Crafting Dead's control such as acts of God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Acknowledgments. You hereby acknowledge and agree that:
- WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH CRAFTING DEAD.
AN "UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A
VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, CRAFTING DEAD MAY
- COMMUNICATE INFORMATION BACK TO CRAFTING DEAD, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME
AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR
- EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY CRAFTING DEAD AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- WHEN THE GAME IS RUNNING, CRAFTING DEAD MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT,
IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY CRAFTING DEAD AGREEMENT.
- Crafting Dead may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities:
- in response to a request by law enforcement, a court order or other legal process; or
- if Crafting Dead believes that doing so may protect your safety or the safety of others.
- CRAFTING DEAD MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING,
REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Crafting Dead is under no obligation to monitor your electronic communications, and you engage in those communications
at your own risk.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity
to the Servers.
- Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Crafting Dead would be irreparably damaged if this Agreement were not specifically enforced, and therefore you
agree that Crafting Dead shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other
remedies as Crafting Dead may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section
17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- Dispute Resolution and Governing Law.
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute”), you and Crafting Dead agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations
commence upon written notice from one person to the other. Crafting Dead will send its notice to your billing address and email you a copy to the email address you have provided to us.
- Binding Arbitration. If you and Crafting Dead are unable to resolve a Dispute through informal negotiations, either you or Crafting Dead may elect to have the Dispute (except those Disputes
expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, Crafting Dead will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator
will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if
the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Crafting Dead may litigate in court to compel arbitration, stay proceeding pending arbitration, or
to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- C. Restrictions. You and Crafting Dead agree that any arbitration shall be limited to the Dispute between Crafting Dead and you individually. To the full extent permitted by law,
- no arbitration shall be joined with any other;
- there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and Crafting Dead agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Crafting Dead’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
- any claim for injunctive relief.
- Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States,
any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims
court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you
and Crafting Dead agree to submit to the personal jurisdiction of that court.
- Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware,
without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the
Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event,
shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you
access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act”) may apply to the Game and/or the Service as supplied by Crafting Dead
to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that
they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore,
or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
- Severability. You and Crafting Dead agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be severed and the remainder of the
Section shall be given full force and effect. If Section 17(d) is found to be illegal or unenforceable then neither you nor Crafting Dead will elect to arbitrate any Dispute falling within that portion
of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of
America, and you and Crafting Dead agree to submit to the personal jurisdiction of that court.
- Miscellaneous. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity
Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Crafting Dead; provided, however that this
Agreement is in addition to, and does not replace or supplant, the EULA or the Crafting Dead TOU. This Agreement may only be modified as set forth herein. The section headings used herein are for
reference only and shall not be read to have any legal effect.