UMBRASOFTWARE.NET Terms of Service (Last Updated: October 22nd 2020)
Please read these Terms of Service ("Agreement", "Terms of Service", "Terms") carefully before using UMBRASOFTWARE.NET ("website") operated by UMBRA SOFTWARE ("us", "we", "UMBRASOFTWARE.NET" or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the website at UMBRASOFTWARE.NET and it's services/products.
1. Acceptance of Terms of Service and Amendments
Each time you use or cause access to this website, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service.
2. Our Service
3. Your Responsibilities and Registration Obligations
In order to use this website, you must register on our website, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.
4. Our Product
UMBRASOFTWARE.NET sells Memberships. Our software(s) are owned by UMBRASOFTWARE.NET and are the copyrighted property of UMBRASOFTWARE.NET. Our software(s) have been created to be used for playful purposes, on private servers with your friends. UMBRASOFTWARE.NET is not responsible if you use our software(s) for another purpose. The use of our software(s) for other purposes, which are not the ones that our software(s) have been made, is at the own responsibility of the user. All our software(s) are free, but their uses involve a Membership. Our software(s) are allowed to run on one personal computer only. Our system is based on several parts of your computer (hard drive, motherboard, memory, network adapters, cpu, etc), to generate an unique hardware ID. The user is allowed to modify the hardware ID to use our software(s) on another personal computer. The change may be charged or free of charges, this depends on our system being able to recognize the new hardware ID. No refunds or partial refunds will be given should the website cease operations or become unable to provide content updates for any reason.
5. Online Conduct and Cheating
You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on UMBRASOFTWARE.NET. Your online conduct and interaction with other Membership subscribers should be guided by common sense and basic etiquette. UMBRASOFTWARE.NET may terminate your Account, particular Subscription(s) or Membership(s) for any conduct or activity that UMBRASOFTWARE.NET believes is illegal, constitutes a risk or otherwise negatively affects this website and all its services. You acknowledge that UMBRASOFTWARE.NET is not required to provide you notice before terminating your Subscriptions(s), Membership(s) and/or Account, but it may choose to do so. When cheating, you choose to voluntary break your games End User Licence Agreements, we can not be taken responsible if you lose your game account or/and get any damage caused by cheating. UMBRASOFTWARE.NET is not liable for potential claims caused by one of their consumers on intellectual property of third parties. In such events the consumer protects UMBRASOFTWARE.NET for claims from third parties.
6. Payment Policy
Fraudulent charges with an account that sends money without the consent of the account holder or/and any kind of frauds will result in your account being instantly disabled, permanently terminated and/or legal action will be taken. We do not allow the user to share or resell their account, it will result in your account being instantly disabled, permanently terminated and/or legal action will be taken.
7. Refund Policy
All the purchases in our store are considered final, so any refunds that we might grant are always an exception and are handled on a case by case basis.
You are allowed to request a full or partial refund if:
The product you have purchased is unstable or otherwise unusable on your computer due to a technical issue
- If you receive a refund for a technical issue you will be suspended for 30 days and may only return to UMBRASOFTWARE.NET after 30 days.
If you attempt to evade your suspension before it has expired your 30 day suspension will be converted into a permanent suspension from UMBRASOFTWARE.NET.
You want your money back for reasons unrelated to technical issues.
- These refunds requests are handled on a case by case basis and if granted you will be permanently suspended from UMBRASOFTWARE.NET services.
You cannot receive a refund due to the payment processor's limitations after payment is received if:
- You paid using Coinbase
- You paid using Payssion
8. Gift Card
Our Gift Card is a virtual card and the money is virtual. The user is not allowed to request the funds to be withdrawn to a bank account as the money is virtual. The user can use our Gift card on our payment system only. Our Gift card can not be charged by the user, only UMBRASOFTWARE.NET is allowed to charge any Gift card. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Gift card service.
9. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password. If you give an unauthorized personal your account to login, it will result in your account being disabled and permanently terminated.
Tampering with any software or services owned and developed by UMBRASOFTWARE.NET to bypass any security mechanism or to dismantle, dump from computer memory or reverse engineer such software is not authorized and will result in your account being disabled, permanently terminated and/or legal action will be taken.
11. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
- Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law.
- Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- Collect or harvest any data about other users;
- Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
12. Submission of Content on this Website
By providing any Content to our website:
- You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
- You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 9;
- You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
13. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
15. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (the service) is made available and provided to you at your own risk. It is provided to you as is and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
16. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (1) the use of or the inability to use the service, (2) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (3) unauthorized access to or alteration of your data transmissions, (4) statements or conduct of any third party on the service, or (5) any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
17. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
18. Applicable Law
You agree that this Terms of Service and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
19. Miscellaneous Information
- In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
- The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
- You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) month after such claim or cause arose or the claim shall be forever barred;
- We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.
20. Other Organizations
You agree to the following, if not agreed with then leave our website NOW!
- I am not visiting this website to steal material (including but not limited to Information, Snapshots and Source-codes) to use against the Webmaster, Site Operator, Host or any person in any conceivable manner.
If you have any questions or claims, or comments regarding this Terms of Services please contact our administrators at email address [email protected].
22. This Agreement constitutes the entire Terms of Service agreement between UMBRASOFTWARE.NET and the User and supersedes any prior statements, whether written or oral.