Terms Of Use

Last Updated and Effective Date: June 7, 2016

The following terms and conditions govern all use of the ModularCombat.net website. The Website is owned and operated by Ascension Entertainment LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Site by Ascension Entertainment LLC (collectively, the Agreement). Ascension Entertainment LLC reserve the right to update these Terms of Use at any time without notice to you.

Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the web site, you agree to be bound by all the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website. If these terms and conditions are considered an offer by Ascension Entertainment LLC, acceptance is expressly limited to these terms.

1) Your ModularCombat.net Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Ascension Entertainment LLC of any unauthorized uses of your website account, or any other breaches of security. Ascension Entertainment LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2) Without limiting any of those representations or warranties, Ascension Entertainment LLC has the right (though not the obligation) to, in Ascension Entertainment LLC's sole discretion (i) refuse or remove any content that, in Ascension Entertainment LLC's reasonable opinion, violates any Ascension Entertainment LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any entity for any reason, in Ascension Entertainment LLC's sole discretion. Ascension Entertainment LLC will have no obligation to provide a refund of any amounts previously paid.

You agree that you shall not post any information:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references addresses, email addresses, contact information or phone numbers;
  • or that contains any computer viruses, worms or other potentially damaging computer programs or files.

3) Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ModularCombat.net links, and that link to ModularCombat.net. Ascension Entertainment LLC do not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Ascension Entertainment LLC do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ascension Entertainment LLC disclaim any responsibility for any harm resulting from your use of external websites and webpages.

4) Copyright Infringement and DMCA Policy. As Ascension Entertainment LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ModularCombat.net violates your copyright, you are encouraged to notify Ascension Entertainment LLC in accordance with Ascension Entertainment LLC's Digital Millennium Copyright Act (DMCA) Policy. Ascension Entertainment LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Ascension Entertainment LLC or others, Ascension Entertainment LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Ascension Entertainment LLC will have no obligation to provide a refund of any amounts previously paid to Ascension Entertainment LLC.

5) Intellectual Property. This Agreement does not transfer from Ascension Entertainment LLC to you any Ascension Entertainment LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ascension Entertainment LLC. Ascension Entertainment LLC, Modular Combat, the Modular Combat logo, and all other trademarks, service marks, graphics and logos used in connection with ModularCombat.net, or the Website are trademarks or trademarks of Ascension Entertainment LLC or Ascension Entertainment LLC's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ascension Entertainment LLC or third-party trademarks.

6) Changes. Ascension Entertainment LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Which shall ipso facto be binding and therefore It is your responsibility to check this Agreement periodically for changes. Your continued subsequent use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ascension Entertainment LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7) Termination. Ascension Entertainment LLC may terminate your access to all or any part of the Website, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ModularCombat.net account (if you have one), you must notify Ascension Entertainment LLC here.. Ascension Entertainment LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8) Disclaimer of Warranties. The Website is provided as is. Ascension Entertainment LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ascension Entertainment LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9) Limitation of Liability. In no event will Ascension Entertainment LLC, or its sponsors, advertisers, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ascension Entertainment LLC under this agreement during the twelve (12) month period prior to the cause of action. Ascension Entertainment LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Ascension Entertainment LLC are not liable for any lost points due to the Steam network being offline for any reason.

10) General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Ascension Entertainment LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11) Indemnification. You agree to indemnify and hold harmless Ascension Entertainment LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, voice server, including but not limited to out of your violation this Agreement.

12) Miscellaneous. This Agreement constitutes the entire agreement between Ascension Entertainment LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ascension Entertainment LLC, or by the posting by Ascension Entertainment LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website and/or game servers will be governed by the laws of the state of Texas, United States, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Arlington, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in Arlington, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ascension Entertainment LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

May 28, 2014
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