PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THIS WEBSITE
ProFantasy is committed to providing useful, enjoyable software and a friendly,
helpful online environment to support our products. We are not legal-mad and do
not employ an army of lawyers. In fact, we have never yet seen the need to take
legal action against anyone. However, like most companies online, we feel it is
wise to protect the future of our business and products as follows:
Campaign Cartographer, CC2, CC3, Dungeon Designer, DD2, DD3, City Designer, CD2,
Character Artist, CC2 Dioramas, Fractal Terrains, and The Jaw Peninsular are trademarks
of ProFantasy Software Limited.
TERMS AND CONDITIONS FOR THE USE OF THE PROFANTASY SOFTWARE LIMITED WEB SITE
ProFantasy Software Limited provides this website subject to the terms and conditions
below. By accessing the ProFantasy Software site you agree to be bound by these
terms and conditions so you should read them carefully. If you do not wish to
be bound by these terms and conditions, you may not use or access the website.
Rules. While visiting this website you may not: post, transmit
or otherwise distribute information constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil liability, or otherwise use
the website in a manner which is contrary to law or would serve to restrict or inhibit
any other user from using or enjoying the website or the Internet; post or transmit
any information or software which contains a virus, cancelbot, trojan horse, worm
or other harmful or disruptive component. Also you may not use (other than to the
extent permitted by applicable law) any software or other material contained or
capable of being downloaded from the website to develop, design, produce, manufacture,
sell and/or distribute any product of whatever nature nor will you permit any third
party to do any of the above.
Third party websites. There are links from this website to third
party websites not under the control of ProFantasy Software Limited. ProFantasy
Software Limited provides these links for your convenience only and is not responsible
for the content of the linked website. A link from our website does not imply ProFantasy
Software Limited's endorsement of any statements, opinions or content on the linked
Indemnity. You agree to defend, indemnify and hold ProFantasy Software
Limited and its affiliate and related companies harmless from any and all liabilities,
costs and expenses, including reasonable legal fees, related to any violation of
this Agreement by you or users of your account, or in connection with the use of
the ProFantasy Software Site or the placement or transmission of any message, information,
software or other materials on the ProFantasy Software Site or on the Internet by
you or users of your account.
Recourse. If you are dissatisfied with the website or with any
terms, conditions, rules, policies, guidelines, or practices of ProFantasy Software
Limited in operating the website, your sole and exclusive remedy is to discontinue
using the website.
Monitoring. ProFantasy Software Limited has no obligation to monitor
content in the website provided by third parties (such as users or contractors).
Nevertheless you agree that ProFantasy Software Limited does have the right to monitor
the website electronically from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental request, to operate
the website, or to protect itself or its subscribers. ProFantasy Software Limited
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable, undesirable,
or in violation of this Agreement.
Library Contributions. By contributing a file to the library you
confirm that the file is not copyright and is not based upon copyright work. This
clause does not apply to files based on work copyright of ProFantasy Software Limited.
DISCLAIMER. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS
IS" AND WITHOUT ANY REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT
OF THE WEBSITE AND/OR ITS CONTENTS. PROFANTASY SOFTWARE LIMITED DISCLAIMS ALL REPRESENTATIONS,
TERMS, CONDITIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, AS TO SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION, PROFANTASY SOFTWARE LIMITED EXCLUDES ANY REPRESENTATION OR WARRANTY
THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE,
COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS INCLUDING, BUT
NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES
ALL COSTS AND RISKS ARISING AS A RESULT OF ITS USE OF THIS WEBSITE.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER PROFANTASY SOFTWARE LIMITED NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES
OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR
IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES
OR SERVICES OFFERED THROUGH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, INDIRECT
OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF PROFANTASY SOFTWARE
LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH
LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.
IN NO EVENT WILL PROFANTASY SOFTWARE LIMITED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY IN RESPECT OF
LIABILITY IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY.
GOVERNING LAW. This website is controlled by ProFantasy Software
Limited from its registered address, which is Higher Waterhouse Farm, Crediton, EX17 4HJ,
England. ProFantasy Software Limited excludes all representations and warranties
that materials in and/or facilities or services offered through this website comply
with any legal or regulatory requirements of other countries and those who choose
to access this website do so at their own risk and on their own initiative and are
responsible for compliance with applicable local laws.
These terms shall be governed by and construed in accordance with English law. Any
dispute under these terms shall be subject to the exclusive jurisdiction of the
English courts and, by using this website, you hereby submit to the non-exclusive
jurisdiction of such courts for such purposes and waive any and all objections to
jurisdiction or venue in such courts.
MISCELLANEOUS. This Agreement constitutes the entire agreement
between ProFantasy Software Limited and you pertaining to the subject matter hereof.
ProFantasy Software Limited's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any provisions
or right. If any of the provisions contained in this Agreement were determined to
be void, invalid or otherwise unenforceable by a court of competent jurisdiction,
such determination shall not affect the remaining provisions contained herein.