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Terms and Conditions

Introduction (link to this section) back to top

Developer.10duke.com (Website) is a product distribution, support and information site. It contains content from 10Duke Software Ltd. (hereinafter '10Duke') and user generated content within the forum. By visiting the Website and/or using any service provided on the Website you agree to be bound by the following terms and conditions. If you do not agree with any part of the terms, then please do not use or continue to use the Website, any 10Duke SDK or related service.

These terms and conditions apply to all users and visitors of the Website, whether you are only browsing the Website or are a registered user. You may only use the Website or any related service if you agree to abide by all applicable laws and these terms and conditions. The website may contain links to third party websites that are not owned or controlled by 10Duke and over which it has no control. 10Duke therefore assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

Before registering as a user you must read and accept these terms and conditions. These terms and conditions are valid while you use the Website, SDK or related services and/or have a developer.10duke.com user account. The Website is free to use but you acknowledge the possibility that 10Duke may in the future charge at its sole discretion a fee for its service, specific parts of the service and/or access to the website or access to specific parts of the website.

Eligibility (link to this section) back to top

When registering with developer.10duke.com to become a member you must provide true and accurate information and accept the terms and conditions. Once registered, you will be responsible for all activities occurring under registered profile and you must keep your password secure. In the case that you suspect any unauthorised use of your account or your password you agree to immediately notify 10Duke.

Member use (link to this section) back to top

You are not allowed to use the Website or related services for any illegal content. It is your sole responsibility to comply with all applicable international and local rules and these terms. You shall be solely responsible for any content you submit, post, create and display on the website and the consequences of publishing them. You are not allowed to alter or modify any part of the website or service except for areas of the Website that are explicitly provided for modification. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination or suspension of the account. We reserve the right to reject, refuse, or remove any material and/or restrict, suspend, or terminate access and/or accounts that we find in our sole discretion in breach of our terms, unlawful, infringes or violates intellectual property, obscene, pornographic, discriminating or in other ways disturbing. 10Duke is not responsible to check and/or approve any information provided by members to the site. Furthermore 10Duke is not obliged to monitor any Members use of the service.

Content policy (link to this section) back to top

Please choose the material and information you provide on the Website carefully and ensure that the information you provide and action you take must not include the following:

  • Promote, publish, and/or share obscene, hateful, pornographic, indecent, inappropriate harmful, unlawful, defamatory, sexual, abusive, libellous, or in any other way offensive material.
  • Collect or use data from other users except for purpose of establishing contact in a reasonable way and in accordance with the terms of the service.
  • Harass, defame, stalk, or in any other way exert pressure, threaten or harm other users visitors or any other third party.
  • Submit material that is copyright protected or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material.
  • Submit materials that falsely express or imply that such Materials are sponsored or endorsed by 10Duke or any other third party.
  • Create an account using false or misleading information with the purpose to mislead other users and/or getting unlawfully access to information.
  • Submit material that in any form contains software viruses or other malicious software such as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Perform any other action that could be unlawful or damage, overburden or compromise the Website.
  • Attempt to gain unauthorized access to developer.10duke.com, other accounts, computer systems or networks through password mining or any other means.
  • Alter in any way the Website or services, or reverse engineer the service or part of the service.
  • Use automated programmes or application such as but not limited to spiders and robots.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Website and services.
  • Publish, promote or share any material for the reason of unsolicited and/or unauthorized advertising, junk mail, pyramid schemes, chain letters, or any other material with similar purposes.
  • Try to obstruct, interfere or limit in any way the Website or the ability for other users to use and enjoy the service.

Ownership rights of all material submitted by users will remain with the user who submitted or posted the material, however all users agree, by submitting or posting material on the Website, to grant 10Duke a global, non exclusive (you can license your content to other parties at the same time), royalty free (10Duke will not be required to pay you or any other party for the use of the use of the material), and sub-licensable (this is necessary because 10Duke works with partners and subcontractor to provide its service) license to all the submitted and posted material. This license allows 10Duke to publicly display, reproduce, modify, and distribute this material on the Website and through 10Duke services. You represent and warrant that: (i) you own the Materials posted by you on or through the developer.10duke.com service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on the Website or through any 10Duke service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other property rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to the 10Duke website or through any 10Duke services. You are allowed to share content posted on the Website by using the services provided by 10Duke. Under no circumstances are you allowed to sell any content posted on the Website, except you are the owner of this content or have the written permission of the contents owner.

Termination (link to this section) back to top

You can terminate your account at any time, without any reason by sending your name and email address to 10Duke via the contact us form found on the Website. Once you have terminated your account your profile and personal information will be removed from the Website. After you terminated your account you don't have any right to use the service anymore. 10Duke may terminate your account at any time, without any reason. These terms remain active even after the termination of your account.

Privacy (link to this section) back to top

For detailed information about the privacy policy please follow the link on the Website to our privacy policy.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In case of the infringement of copyright rights 10Duke may terminate your account with immediate effect. 10Duke respects the copyright of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact 10Duke and provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website (this could be a screenshot or the url); (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.

Disclaimer (link to this section) back to top

You agree that you use the Website and services at your sole risk. 10Duke, its partners, employees, consultants and subcontractors disclaim all warranties in connection with your use of the Website and services. 10Duke is not responsible and therefore disclaims any responsibility or liability for the accuracy, completeness, legality or availability of any content posted on the 10Duke website or services. 10Duke disclaims any responsibility that the service provided will be uninterrupted, meeting your specific requirements, error-fee, the server and/or any other hardware or software that provides the Website and services are free of virus or other harmful software. 10Duke is not responsible for the action and/or content provided by account holders to the Website or services. There may be links, banners and other forms of advertisements of third parties on the Website and/or services. You acknowledge that following these links will be done at your own risk. 10Duke disclaims any responsibility for the content provided by these third parties, be it within the Website or external websites accessible from the Website or services. 10Duke disclaims any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. 10Duke is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of 10Duke services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials. The Website and services are provided "as-is", "with all faults", and "as-available". 10Duke expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

Indemnity (link to this section) back to top

You agree to defend, indemnify and hold harmless 10Duke, its partners, officers, directors, employees, and subcontractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the 10Duke website and services; your violation of any term of these terms and conditions or third party rights, including without limitation any copyright, property, or privacy right; or any claim that was caused by content or material posted, published, distributed or shared through you or your user account. This defence and indemnification obligation will survive these terms of service and your use of the Website or 10Duke services.

Limitation of Liability (link to this section) back to top

IN NO EVENT SHALL 10DUKE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF 10DUKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 10DUKE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 10DUKE FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

Changes to Terms and Conditions (link to this section) back to top

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice, and it is your responsibility to review these Terms of Service for any changes. Your continued use of the Website or services after any such changes constitutes your acceptance of the new Terms of Service

Miscellaneous (link to this section) back to top

These terms of service together with the privacy policy and other legal notices published by 10Duke constitute the entire agreement between you and 10Duke with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service by a party will be effective only if in writing and signed by a party. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and 10Duke's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.