Terms Of Service

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Terms of Service:

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “user”, “player”) and SwunkCraft (“we,” “us” or “our”), concerning your access to and use of the SwunkCraft Discord, Minecraft Server, and website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “SwunkCraft”).

You agree that by accessing SwunkCraft, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using SwunkCraft and you must discontinue use immediately.

We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, U.S.A., without regard to the choice-of-law principals thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Any action seeing legal or equitable relief arising out of or relating to these terms will be brought only in the courts of the State of New York or the United States District Court for the District of New York.

The information provided on SwunkCraft is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access SwunkCraft from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use SwunkCraft. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using SwunkCraft.

By using SwunkCraft, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;

2. You will maintain the accuracy of such information and promptly update such registration information as necessary;

3. You have the legal capacity and you agree to comply with these Terms and Conditions as well as the rules, In Game Policies and User Rights Policy;

4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use SwunkCraft;

5. You will not access SwunkCraft through automated or non-human means, whether through a bot, script, or otherwise;

6. You will not use SwunkCraft for any illegal or unauthorized purpose;

7. Your use of SwunkCraft will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of SwunkCraft (or any portion thereof).

SwunkCraft reserves the right to ban and or terminate the content of any user that is found to violate the terms of service. This can be the removal or denial of access for accounts in our Discord Server, Minecraft Server, or anything else owned under the SwunkCraft umbrella. Users may also be kicked from our services for inactivity as it is defined on out stats page. Inactivity can also lead to any of the actions outlined in our "Inactivity Policy".

Users are entitled to appeal their termination (in the case of a ban) and are allowed to reapply in the case of a kick for inactivity. This is laid out in more detail in the ban appeal section of our discord, which can be seen by banned players. By agreeing to the terms of service you also agree to abide by the ban appeal process, should it apply to you.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use SwunkCraft for any purpose other than that for which we make SwunkCraft available. SwunkCraft may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a player of SwunkCraft you agree to abide by all of the rules of SwunkCraft as they are lain out on our website as well as our User Rights Policy and In Game Policies.

SwunkCraft cannot be held liable for any loss of service due to external forces. This is including, but not limited to: loss of power, loss of internet, server crashes, machine failure. By agreeing to our terms of service you acknowledge that these things can happen, and release your right to go after SwunkCraft for any loss of service. SwunkCraft retains the right to shut down their services at any time, without reason.

By posting your Contributions to any part of SwunkCraft, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on SwunkCraft.

You are solely responsible for your Contributions to SwunkCraft and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on SwunkCraft; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding SwunkCraft (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

All content created on or by SwunkCraft and its staff is the property of SwunkCraft. We reserve the right to use it how we please, as well as revoke its use by any single person. This includes, but is not limited to: buildings, games, maps, custom items, and the like.

Microsoft holds all copyrights and property to the game of Minecraft, and the individual plugin/jar developers hold all the rights to their plugins and other creations. Discord has the sole ownership of the Discord platform. SwunkCraft claims no ownership or authorship of any of these properties.

We reserve the right, but not the obligation, to:

1. monitor SwunkCraft for violations of these Terms and Conditions;

2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

4. in our sole discretion and without limitation, notice, or liability, to remove from SwunkCraft or otherwise disable any and all files at our discretion.

5. otherwise manage SwunkCraft in a manner designed to protect our rights and property and to facilitate the proper functioning of SwunkCraft.

We will maintain certain data that you transmit to SwunkCraft for the purpose of managing SwunkCraft, as well as data relating to your use of SwunkCraft. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using SwunkCraft.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. We reserve the right to change, modify, or remove the contents of SwunkCraft at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of SwunkCraft without notice at any time.

All payments made under the umbrella of SwunkCraft are non-refundable. Payments that are cancelled will result in the revocation of any perks permitted. Subscriptions may be cancelled within the terms provided by Tebex.

Payment will be required before the product is provided and, if not, payment is due from the moment the order is accepted. After you have submitted your order SwunkCraft shall be entitled to receive such payment as is due in respect of the order.

SwunkCraft reserves the right to accept or reject any payment made in any form.

You will not be charged for any orders that cannot be fulfilled, and when applicable SwunkCraft will work to refund your account.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of SwunkCraft.

We cannot guarantee SwunkCraft will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to SwunkCraft, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify SwunkCraft at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use SwunkCraft during any downtime or discontinuance of SwunkCraft.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support SwunkCraft or to supply any corrections, updates, or releases in connection therewith.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF SWUNKCRAFT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you have questions regarding the terms of service agreement, you may contact us at Info@SwunkCraft.com and we would be happy to reply and answer your questions.