Terms of Services
Please review the following Terms of Service (“Terms of Service”) carefully and contact us at firstname.lastname@example.org concerning anything you do not understand. By accessing or using the www.kerbalspaceprogram.com website or any related application you are signifying your acknowledgement, acceptance and agreement to these Terms of Service. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE DEPORTED’s SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE INCLUDING VISITING WWW.KERBALSPACEPROGRAM.COM.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16
1. User’s Acknowledgment and Acceptance of Terms.
DEPORTED B.V. (“DEPORTED”) provides WWW.KERBALSPACEPROGRAM.COM (the “Website”) and various related applications, features, content, widgets or services (collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you.
Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
2. Registration Data and User Information.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. In order to access some features of the Service, you need to create a user account by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate; that you will maintain and update this information as required in order to keep it current, complete, and accurate. For certain aspects of the Service, DEPORTED has a connection to, association with, or otherwise entered into a contractual relationship with other websites, third party software or services (“Affiliate”). Examples include but are not limited to services for analyzing or managing data, email delivery or marketing and customer support. You may need to grant DEPORTED and the Service permission to share your Registration Data or user information with such Affiliates.
3. Age Restrictions.
By using the Service, you represent and warrant that you are eighteen (18) years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms of Service. If you are not eighteen (18) years of age, have your parents review these Terms of Service and assist you to create and register a user profile. DEPORTED does not allow users less than thirteen (13) years of age to register an account or user profile. Your registration may be deleted and your access to the Service may be terminated without warning if DEPORTED believes, in its sole discretion, that you are under the age of thirteen (13) years or between the ages of thirteen (13) and eighteen (18) years but do not your parent’s or guardian’s permission to register for an/or access the Service.
4. Game Content Usage Rules.
The Website and the Service are for entertainment purposes only and may not be used in connection with any commercial use. You may not use the Service for commercial purposes in any way that is unlawful, or harms DEPORTED or any other person or entity. DEPORTED grants you a personal, non-exclusive, non-transferable license to use and display any material that you design, author or create through or in connection with the Service, including, but not limited to, any files, codes, audio or images incorporated in or generated by the Service (collectively the “Game Content”) and to create derivative works based upon Game Content, strictly for your noncommercial and personal use. This license is limited by the conditions and restrictions below. If you share your Game Content with others, then you must include the notice language below about the Game Content. You can put it in a README file, or on the web page from where it’s downloaded, or anywhere else that makes sense so long as anyone who sees your Game Content will easily find this notice. Burying the notice, for example, deep in a web page in small print that is hard to find, does not comply. Specifically, for videos that try to add to the fiction or canon of the Kerbal Space Program universe, please put it at the beginning of your video for at least five seconds. For all other videos, such notice language shall be placed at the end of your video for at least five seconds.
Kerbal Space Program © Deported B.V. [The title of your Item] was created under Deported B.V.’s “Game Content Usage Rules” using assets from Kerbal Space Program. It is not endorsed by Deported B.V. and does not reflect the views or opinions of Deported B.V. or anyone officially involved in producing or managing Kerbal Space Program. As such, it does not contribute to the official narrative of the fictional universe, if applicable. Wherever you put the notice, you also need to include a prominent link to these Game Content Usage Rules. DEPORTED RESERVES THE RIGHT TO REVOKE THIS LIMITED USE LICENSE AT ANY TIME, FOR ANY REASON, AND AT ITS SOLE DISCRETION.
Alternatively, if you want to make any commercial use of the Game Content (or any other Content, as defined below), you must obtain the prior written authorization and consent for such specific use from DEPORTED. Such requests may be sent to DEPORTED at the address listed in Section 17.
5. User Account
5.1 User Name and Access
If you create an account or user profile, you may be asked to choose a user name and password. You agree that you will not choose a user name which, in the sole discretion of DEPORTED or the Service:
(a) substantially infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
(b) is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) in any way infringes these Terms of Service;
(d) contains personally identifiable information, including but not limited to name, address, phone and email.
(e) contains the name DEPORTED or any confusingly similar names.
You agree that DEPORTED reserves the right to change, remove, alter or delete any user name or password at any time and for any reason in DEPORTED’s sole discretion.
You are entirely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur in association with your account or user profile, whether or not authorized by you. You agree to notify DEPORTED immediately of any unauthorized use of your account, user profile or Affiliate account or any other breach of DEPORTED’s or an Affiliate’s security and to provide properly documented evidence as requested by DEPORTED. You may not use anyone else’s user profile at any time and you may not allow anyone else to use your user profile at any time. You agree that DEPORTED will not be liable for any loss you may incur as a result of someone else using your DEPORTED user name, password, account or user profile, your Affiliate account or account information your provided, either with or without your knowledge.
You acknowledge and agree that DEPORTED is authorized to act on instructions received through the use of your username and password, and that DEPORTED may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if DEPORTED believes your username and password are being used by someone other than you, or for any other reason.
5.2 No Right to Ownership
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DEPORTED.
5.3 No Sale or Assignment of Account or User Profile
DEPORTED does not recognize the transfer of an account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of DEPORTED. Any attempt to do so shall be void and of no effect.
6. Conduct Through the Service
You are solely responsible for your conduct through the Service and agree that you will not:
6.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
• pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
• material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by DEPORTED in its sole discretion;
• material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
• files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other users’ access to the Website or Service and/or other users’ computers.
6.2 Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
6.3 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
6.4 Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or an DEPORTED representative.
6.5 Gain or attempt to gain unauthorized access to the Service, Website, to other users’ account or profile information, or to computer systems and/or networks connected to the Service or Website.
6.6 Make false reports through the Service or to DEPORTED’s administrators.
6.7 Take any action that imposes or may impose (as determined by DEPORTED in its sole discretion) an unreasonable or disproportionately large load on DEPORTED’s (or its Affiliates’ or third party providers’) infrastructure.
6.8 Engage in fraudulent transactions.
6.9 Establish more than one account to participate in Service.
7. YOU SHALL NOT:
“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can be view on, access through, or contribute to the Service. This includes support forums, message boards, chat, and other original content. DEPORTED owns, or has a license to, all right, title and interest in the DEPORTED Content it makes available through the Service. Except for any rights specifically enumerated as being licensed to you hereunder, DEPORTED reserves any and all of its rights to the DEPORTED Content. You are only permitted to use the DEPORTED Content as expressly authorized by DEPORTED or the specific Content provider.
7.2 Specific License and Restrictions
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website or Service or Content in any way inconsistent with the rights of use provided by the license herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of DEPORTED; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
7.3 Service Upgrades
For so long as your License remains in full effect, DEPORTED acknowledges and agrees that you are entitled to access the current version of the Service, as well as, any and all Upgrades released for the Service. “Upgrade” shall mean the process of replacing an older version of the Service with a newer or better version of the same basic product, in order to correct program errors, bring the Service up to date or to improve its characteristics or performance. Unless, as set forth below, DEPORTED shall have the right to separately charge for your access to any Expansion Packs. “Expansion Packs” shall mean an addition to the existing Service which is released as a separate title and includes new regions, objects, content, features and/or an extended storyline. However, if you created an account for the Service prior to May 1st, 2013, you are also entitled to any released Expansion Packs for the Service without additional charge.
7.4 Your Grant of Rights
If you submit Content to the Service, you acknowledge that you are the owner of any Intellectual Property rights in such Content, or have sufficient rights to submit the Content to the Service without infringing any third-party rights. DEPORTED does not claim any ownership rights in the Content that you submit or offer through the Service. However, to the extent you submit any Content you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to DEPORTED to:
• use, reproduce, distribute, remove, and analyze any of your Content as DEPORTED may deem necessary or desirable for any purpose in connection with the operation of the Service, and
• copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with DEPORTED or the Service in any media, and
• use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Service, and
• delete any or all of your Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
• enable users of the Service to share or post your Content on third party sites, such as, without limitation, on social networking sites.
7.5 Submission of Ideas
To the extent that you submit, via the Website or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and DEPORTED shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant DEPORTED, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it on the Service, or any DEPORTED product or service, without compensation or accounting to you and without further recourse by you.
8. Third Party Websites and Information
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under DEPORTED’s control, and you acknowledge that DEPORTED is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is DEPORTED responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
9. Procedure for Alleging Copyright Infringement
DEPORTED will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“Copyright”) and DEPORTED’s Copyright Policy, published at WWW.KERBALSPACEPROGRAM.COM/EULA.PHP.
10. Disclaimer of Warranties; Limitation of Liability
Neither DEPORTED nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “DEPORTED Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
DEPORTED MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE DEPORTED PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DEPORTED IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AND USER PROFILE. IN NO CASE SHALL ANY LIABILITY OF THE DEPORTED PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE DEPORTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE DEPORTED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold DEPORTED and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service; (b) any violation of these Terms of Service by you or through your account or user profile; or (c) any allegation that any content that you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. DEPORTED reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DEPORTED in asserting any available defenses.
12. Service Termination, Suspension and Changes
DEPORTED reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, DEPORTED MAY TERMINATE AND/OR SUSPEND YOUR ACCOUNT OR USER PROFILE FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO SERVICE (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE). DEPORTED also reserves the right to cancel contests, in DEPORTED’s sole discretion, without any restrictions. DEPORTED, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct DEPORTED deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DEPORTED from pursuing criminal or civil proceedings in connection with such conduct. You agree that DEPORTED shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO DEPORTED.
13. Survivability of Terms
The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your account or user profile and discontinue use of the Service at any time, pursuant to the terms of this Terms of Service. The provisions of Sections 1, 2, 4, 6 through 8, 10, 11, 13 through 20 shall survive any termination of this Terms of Service.
DEPORTED may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without DEPORTED’s express prior written consent.
15. Governing Law
The Service (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Service. Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Dispute Resolution
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and DEPORTED agree that any cause of action arising out of or related to the Service shall be heard under The Netherlands law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Service or any of the transactions contemplated herein or related to the Service or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. DEPORTED will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us. You may send any notice to DEPORTED to the addresses listed below.
If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. 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 or anywhere DEPORTED is located. For residents outside the United States, any arbitration shall be initiated in any State where DEPORTED is located using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and DEPORTED individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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.
If you have a dispute with another user of the Service, you release DEPORTED (and DEPORTED’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. DEPORTED, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.
All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to DEPORTED must be sent to the attention of Customer Service at email@example.com, if by email, or to DEPORTED at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact DEPORTED at the following address:
Strawinskylaan 1431, 1077 XX Amsterdam
Noord Holland, The Netherlands
Tel: +31 20 8941 300
18. Entire Agreement
These Terms of Service constitute the entire agreement and understanding between DEPORTED concerning the subject matter of the Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and DEPORTED. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
If any part of these Terms of Service are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by DEPORTED with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.