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Network Terms of Service

#1
Created on: 5/14/2017

Last updated: 10/24/2024

This page, together with our Privacy Policy and General Services Terms Of Use & Conditions, tells you information about us and informs you of the legal terms and conditions (the “Terms”) which govern your use and access of our ("Services", "We", "Us", "Our") services (the "Services").

Please read these Terms of Use and Conditions carefully before using any of our services we provide at Smithtainment Gaming or before making any donation purchases on our webstore(s). Please note that when you make a donation purchase on our webstore(s) you will need to agree to our Terms Of Use and Conditions. Failure to read and understand our Terms Of Use and Conditions does not exempt you from violating our Terms Of Use and Conditions. Failure to agree to our Terms Of Use and Conditions will result in termination from our services without warning. If you do not agree with our Terms Of Use and Conditions stop using our services immediately!

These Terms Of Use and Conditions applies to all services that are provided by Smithtainment Gaming.

Your access to and use of our services provided are conditioned on your acceptance of and compliance with these Terms Of Use and Conditions. These Terms Of Use and Conditions apply to all visitors, users, and otherwise anyone who accesses or uses the services of Smithtainment Gaming. By accessing or using the services you agree to be bound by these Terms Of Use and Conditions. If you disagree with any part of the Terms Of Use and Conditions then you may not access our services and will be terminated from using our services upon denial.  It is also encouraged to read thoroughly over our network rules to avoid violating our guidelines. You can find them located https://forums.smithtainment.com/thread-1

By using services provided by Smithtainment Gaming you agree that you are at least the age of 13 years or older.

If you are under the age of 18 you agree that your legal guardian allows you to use our services and can be held liable for you and your actions on our services. You agree to follow the set rules and guidelines within our community for various different services of ours. Failure to do so depending on the severity and type of violation can result in permanent removal(s) from our services.

The usage of VPN/Proxies is strictly prohibited on any of the services provided by Smithtainment Gaming. If you are required to use one of these due to being located on a military base or school/campus then we can try to work something out for you.

You should print a copy of these Terms Of Use and Conditions or save them to your computer for future reference if needed.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms Of Use and Conditions. All provisions of the Terms Of Use and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Our services may contain links or content to third­-party websites or services that are not owned,managed, or controlled by Smithtainment Gaming.

We assume no responsibility or liability for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Smithtainment Gaming shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Billing And Purchases

Purchases on our donation store(s) are for packages that are digital virtual items and digital virtual perks contained in the purchase(s). This transaction is final and there are no refunds and chargebacks are not prohibited. If you are terminated from accessing our service(s) for breaking rules and/or violating our Terms of Use and Conditions you will not be refunded this money. Every time you order products from our webstore(s), the Terms Of Use and Conditions in force at the time of your order will apply. Bans are subject to the full discretion depending on which of our service(s) it took place on and their rules and guidelines can be changed at any time. There is no guarantee on being able to access our service(s) always, and if the server is no longer operated or being operated by Smithtainment Gaming the virtual items and any content you owned are forfeit. All content is virtual and has no real-world value, and cannot be exchanged for real-world currency or items of any kind.

Some purchases may include the issue of in-game currency, tokens, credits or similar mechanisms of simulated value - "Virtual Currency". Any Virtual Currency awarded has no physical value, can only be redeemed on the service such Virtual Currency was awarded or purchased for, and cannot be exchanged for real-world currency of any kind. We may monitor all purchases, including but not limited to purchases that award Virtual Currency. Any unusual patterns of Virtual Currency use reported to or identified by us will be investigated, and such Virtual Currency may be forfeit at our discretion.

You shall not use our webstore(s) for any purpose other than to make personal, non-commercial purchases of packages and perks, except as otherwise permitted by this agreement. You shall not sell, rent, lease, license, grant a security interest in the webstore to others without our prior written consent from the owner of Smithtainment Gaming.

We do not guarantee continuous, error-free, virus free or secure operation and access to our webstores and its products.

Right of Withdrawal for EU Customers

EU law provides you with a right of withdrawal on software sales (i.e. the agreement between you and us). This can be excluded for digitally provided content once the content is provided to the end user. The EU statutory right of withdrawal ends 14 days after you purchase or (where you have provided the appropriate consent and acknowledgement) the moment you start downloading the content and services for the first time (whichever is sooner).

This section only applies to those from and currently residing in EU.
- As a user of our services domiciled in an EU member state, you have the right to withdraw from any purchase on our services without giving any reason.
- For any digital content purchased online, you have agreed upon checkout that the withdrawal period will expire 14 days after you purchase such digital content or when you start downloading the content for the first time, whichever is sooner.
- To exercise the right of withdrawal, you must inform us of your decision in writing by email at smithtainmentyt@gmail.com to withdraw from the purchase by an unequivocal statement.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- If you exercise your right of withdrawal, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- The statutory right of withdrawal is not applicable as regards the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

Rights

We reserve the right to refuse access to our services and purchases from our service(s) to anyone.
We reserve the right to not accept payment(s) for any items bought in our store.
We reserve the right to add, remove, modify, change, or otherwise alter any content from our donation store(s) at any given time. This includes deleting content from our services entirely.
We reserve the right to remove you from our services at any time without warning, regardless if you have purchased content in our donation store(s) or any content you have obtained through our services without refund.
We reserve the right to remove content such as ranks, in-game currency, perks, items, etc from you without warning.
We reserve the right, at our sole discretion, to modify or replace these Terms of Use and Conditions at any time without warning. If a revision has a disruptive effect on our services we will try to provide 3 days notice prior to any new terms taking effect. What constitutes a disruptive change will be determined at our sole discretion.

Governing Law

These Terms and Conditions shall be governed and constituted in accordance with the laws of the United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have between us regarding the services. We uphold the right to take legal action if it is needed.

Contact Us

If you have any questions or concerns email us at smithtainmentyt@gmail.com
You can also contact us in our official Discord server:discord.gg/smithtainment



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