JAC Gaming Terms Of Service
Effective date: 1/1/2017
Within this Terms of Service (TOS), "Staff" is defined as users with a title/rank of Owner, Manager, Sr. Admin, Jr. Admin, Admin, Server-Engineer, Mod, Chat-mod or any other rank as defined by the owner or, their designee. "Service(s)" is defined as any server, including TeamSpeak and Minecraft, Website and similar managed or administered by staff. "Data" are defined as any file, picture, video, text or audio recording made on/taken on a JAC Gaming server, or similar posted/submitted or uploaded to our website. "Official Business" is defined as actions taken by staff not related to normal game play. This includes, but is not limited to, building/repairing/modifying protected server areas, investigating claims of duping, hacking, griefing or other banned actions, training, or other actions as directed by the owner.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
JAC GAMING LLC ("us", "we", or "our") is governed by the laws of the state of Massachusetts, and United States Federal Law.
By using any game server services you agree not to:
- Discuss any political, religious, or other deliberately inflammatory topics irrelevant to gameplay. This includes any and all deliberately inflammatory references to another user’s real life race, nationality, religion, political alignment, or other circumstantial attributes irrelevant to gameplay.
- Name or describe any faction/town/claim profile or similar in reference to any political, religious or other inflammatory topic. For example, faction names such as: jihad, al qaeda, nazi, hitler, godlover, godhatesfags, etc will not be tolerated.
- Discuss, post, send, upload or refer players/users to adult, sexual or sexually suggestive content.
- Discuss, post, send, upload or refer players/users to any content that would be considered shocking, grotesque, or disturbing by a person of sound mind.
- Use foul, or obscene language.
- Spam, flood, pose repetitive questions, or otherwise disrupt any form of global chat that could impede the ability of staff to respond to and aid players, or impede relevant gameplay-related communication
- Impersonate, or attempt to present oneself as a member of staff.
- Use donor privileges such as /nick to impersonate others.
- Create game accounts named in such a way so as to imply being an official account of JAC Gaming on other websites such as Facebook, Youtube, Twitter, Minecraft Server listings, streaming services, and similar.
- Use languages other than English in global/main chat, voice chat, etc. If you wish to use other languages, please use private messages or rooms.
- Use 3rd party/modified/hacked clients that provide ability outside of normal Minecraft or modpacks, such as flying, teleporting, speed increases, "x-ray" mods or texture packs, auto-clicker, kill aura, anti-knockback, Chest/block finders and griefing tools.
- Use any mod, plugin or external program that would allow the player to have an advantage over others. These include auto-clicking, map viewers that show player locations, etc.
- Advertise for other servers, communities or websites that JAC Gaming is not partnered with.
- Engage in or threaten the use of any illegal activity such as DDoS, Hacking, Scamming players out of real-life money, or property.
- Unreasonably harass, bully, excessively intimidate any player beyond the bounds of reasonable gameplay.
- Lie or deceive staff while they are on official business.
- Interfere with any security, protection or other measures taken by staff to ensure the proper operation of services.
- Engage in any commercial activity outside of in-game trading of items or game money.
- Download, copy, save, or duplicate any data or part of a service, including a network traffic, for use outside of in-game play
- Share or solicit any personal account or login information, including Minecraft, website and Teamspeak accounts with or from other players.
- Using other players accounts, donor kits or similar that you do not personally own. I.E.: logging into a friends account with or without his/her permission.
Be aware that ALL threats of real-life (IRL) violence or similar will be met with extremely harsh punishment, including, but not limited to, multi-server bans, website bans, IP/Internet Service Provider bans. In special circumstances, we will contact local authorities and alert them to the threat.
Recording of In-Game play
You are allowed to record in-game play for use on Youtube, Twitch, Viemo or other streaming websites as long as all of the following conditions are met:
- If using the JAC Gaming TeamSpeak, you must have consent from everyone in the channel to begin recording.
- You must announce, and provide a link to the server you're playing on in the video, or description of the video.
- You may not receive profit from any audiovisual depiction or documentation of in-game play on your own personal streaming or media channel without the written consent of the owner of JAC Gaming LLC. Failure to respect this stipulation may result in legal prosecution on behalf of JAC Gaming LLC.
All Staff shall conduct themselves in a professional manner that promotes a fun, safe and friendly environment. All staff will follow directions and guidelines set forth by the owner, above any official manuals or guidelines provided. Any staff member who violates this section shall have their title downgraded or removed, and/or their access to services terminated.
An offical guideline for staff is posted on the website, known as the "Staff Charter", this charter is a binding agreement under this section of the Terms Of Service.
Important note: All staff are volunteers and are not compensated in any financial form. All staff are free agents and may terminate their involvement with JAC Gaming at any time.
By using the JAC Gaming TeamSpeak 3 voice server you agree to abide by the following conditions:
- You must respect that there are players of all ages welcome on the TeamSpeak server, and therefore the sharing, discussion, distribution, displaying, or spamming of sexually explicit or aggressive content, grotesque or reasonably shocking content, or content meant to cause offense to a minor is absolutely prohibited. Players above the age of 18 may choose to join special channels labeled 18+ in order to discuss more mature topics freely.
- You will be punished, muted, or banned temporarily or permanently for sharing or spamming content that can be considered reasonably offensive or abusive to another player. This includes audio bombing, voice changers without consent of the players in the channel, streaming of sound effects or music in non-music channels, the setting of still or animated offensive avatars, offensive names or descriptions, and similar.
- You may not unreasonably sustain harassment against another player, such as by following them from channel to channel against their request, spam messaging them or audio spamming them in a targeted or abusive attack. This will not be tolerated and punishment will be given.
- JAC Gaming otherwise adheres to the 1st amendment of the United States constitution, and the spectrum of discussion is generally more relaxed on TeamSpeak than in-game, as minors and adults can willingly segregate into appropriate channels.
Ownership of data
By submitting, creating or uploading data to JAC Gaming websites, e-mail, TeamSpeak, game server or any other service provided by Jac Gaming you hereby grant us perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-license rights to use, copy, modify, adapt, distribute, prepare derivative works of, perform, or publicly display that content with or without identification of the source. Such data may be saved, deleted, copied or moved at any time for any reason by staff.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of JAC Systems LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of JAC Systems LLC.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by JAC Systems LLC. JAC Systems LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that JAC Systems LLC 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Donations and Purchases
Termination/Suspension of access
Players/users found in violation of these Terms of Service may have their website account terminated or blocked; IP/Internet Service Provider IP range blocked; Minecraft account blocked without warning for any reason deemed by staff. While players may appeal such actions on our website, staff retains the right and sole discretion to unblock/ban or deny an appeal. Bypassing bans/blocks or other access suspension by using other accounts, proxies, servers or similar means will result in a no-appeal ban for all accounts, IP addresses or similar used.
Any data, including personal information, collected by JAC Gaming is used for official business, and shall not be disclosed or provided to any other entities or persons for any reason without the written permission of the account holder.
There shall be no refunds for any reason. This includes but not limited to refunds of in-game items, purchases or donations. Staff may make exceptions to this rule on a case-by-case basis, and the Owner or a designee for any reason may override such decisions.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, JAC GAMING LLCAND ITS STAFF CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHERJAC GAMING LLC, OFFICERS OR AGENTS (COLLECTIVELY, THE " JAC GAMING LLC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE JAC GAMING LLC AND ITS STAFF CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JAC GAMING LLC AND ITS STAFF OR VIA THE SERVICE. IN ADDITION, THE JAC GAMING LLC AND ITS STAFF AND PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE JAC GAMING LLC AND ITS STAFF AND PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE JAC GAMING LLC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE JAC GAMING LLC AND ITS STAFF CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JAC GAMING LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE JAC GAMING LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE JAC GAMING LLC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE JAC GAMING LLC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JAC GAMING LLC AND ITS STAFF'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE JAC GAMING LLC AND ITS STAFF PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE JAC GAMING LLC AND ITS STAFF PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
JAC GAMING LLC AND ITS STAFF IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
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 will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you have any questions about these Terms, please contact us.