Terms of Service

Last Updated: December 8, 2016

These Terms of Service and Conditions (“Terms”) are a legally binding agreement that govern your use of underworldascendant.com, othersideentertainment.com (and any other sites related thereto) and/or any games, applications, products and services offered by OtherSide Entertainment, Inc. (“OtherSide”), including any accessed through and/or in conjunction with third parties (the “Service”). By using or accessing the Service, you agree to be bound by these Terms. OtherSide reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms.

If you violate the Terms, OtherSide reserves the right, at its sole discretion, with or without notice, to issue you a warning, or suspend or remove your access to the service. OtherSide also reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms.

You agree that OtherSide provides an online, multi-user, social experience and may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, and without liability.

You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

Rules of Conduct / Usage

The OtherSide Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. OtherSide has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion.

OtherSide may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by OtherSide, and these communications should not be considered reviewed or approved by OtherSide. OtherSide will not under any circumstances be liable for any activity within Communication Channels.

You agree that all of your communications within the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. OtherSide is not responsible for information that you choose to share on the Communication Channels or for the actions of other users.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, bots, scripts, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
attempt to obtain passwords or other private information from other members;
improperly use support channels or complaint buttons to make false reports to OtherSide;
develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable Terms;
exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.

Virtual Goods, Currencies, and Purchase Terms

Purchases of any virtual currency or virtual goods and/or items sold by OtherSide are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in OtherSide’s sole and absolute discretion, or if OtherSide discontinues providing the Services. You agree that all purchases of virtual currency or virtual items sold on our site are final. No refunds will be given, except in our sole and absolute discretion. You agree that virtual currency or other virtual items will be forfeited if your account is terminated for any reason, in OtherSide’s sole and absolute discretion, if OtherSide discontinues providing the Services, or at the discretion of OtherSide 3rd party partners (such as Facebook) who’s services may be connected to the OtherSide service. You agree that the purchase of virtual currency or virtual items sold on the site is the purchase of a limited license and that you have no property interest in the virtual currency or virtual items.

Refund Policy

You understand and agree that once you authorize OtherSide to charge your credit card for a certain amount, such amount shall under no circumstances be refundable, including, without limitation, upon termination of your account, by anybody or for any reason, termination of this agreement, and/or discontinuation of the service.

In Case of a Billing Error

If you were charged for items you did not purchase, or you did not receive the items you purchased, or if you were charged an incorrect amount, you may request a refund or correction by emailing OtherSide Support at [email protected]

Online Play Experience and User Generated Content

You agree that you are willingly publishing some content on the Service using technology and tools provided by OtherSide or applicable third parties. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of OtherSide.

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by OtherSide. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and OtherSide is not responsible for any files users upload, post or otherwise make available.

OtherSide may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted on the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that OtherSide will not under any circumstances be liable for any User Content, including but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. OtherSide reserves the right to remove and permanently delete any User Content from the Service at any time with or without notice.

Intellectual Property/Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without OtherSide’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined in the prior section) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, require express prior written permission from OtherSide. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

OtherSide and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by OtherSide. Certain limited content, identified as such, may also be owned by others and they retain those rights. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by OtherSide, or any derivative works thereof.

OtherSide grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

Disclaimer of Warranty, Limitation of Liability, and Indemnification

THE OTHERSIDE SERVICE IS PROVIDED ON AN “AS IS” BASIS. OTHERSIDE MAKES NO WARRANTIES WITH RESPECT TO THE OTHERSIDE SERVICE, THE OTHERSIDE CONTENT OR OTHERSIDE VIRTUAL GOODS AND VIRTUAL CURRENCY. TO THE EXTENT PERMITTED BY LAW, OTHERSIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHERSIDE DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE OTHERSIDE SERVICES, ANY ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “OTHERSIDE SERVICES”) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE OTHERSIDE SERVICES WILL BE CORRECTED, OR THAT THE OTHERSIDE SERVICES OR THE SERVERS THAT MAKE THOSE OTHERSIDE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
OTHERSIDE SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE OTHERSIDE SERVICES, THE OTHERSIDE VIRTUAL CURRENCY OR THE OTHERSIDE CONTENT, EVEN IF OTHERSIDE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall OtherSide’s aggregate liability under this Agreement exceed the amount actually paid by you. Notwithstanding the foregoing, nothing contained in this agreement limits OtherSide’s liability to you for fraudulent misrepresentations, death or personal injury caused by OtherSide’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless OtherSide from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service

Privacy Statement

At OtherSide we share your concerns about privacy while using the Service. For detailed information about our Privacy Policy, please view this policy in its entirety at this location: https://otherside-e.com/wp/privacypolicy/

General

A. Governing Law: By visiting or using the Service, you agree that the laws of the United States and the State of Massachusetts, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and OtherSide.

B. Entire Agreement/Severability. These Terms, together with the Privacy Policy at https://www.othersideentertainment.com/privacy_policy.html and any other legal notices published by OtherSide on the OtherSide Site, shall constitute the entire agreement between you and OtherSide. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

C. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OtherSide’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND OTHERSIDE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OTHERSIDE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.