Terms of Service (TOS)

OVERVIEW

This website is operated by Charede Gaming. Throughout the site, the terms “we”, “us” and “our” refer to Charede Gaming. Charede Gaming offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - USER CONDUCT

While on the Charede Gaming website and other services we have expectations of our users which you are required to comply with. In the event you do not agree to follow our various policies as well as the rules outlined here regarding user conduct the expectation is that you leave the site and services immediately. It will be considered consent if you continue use of the site and its services regardless of whether you choose to read our policies and agreements.

When interacting with other users and generally using the services and site we expect the following of user conduct:

- Never use the site to transmit viruses, trojans or other programs regardless of how harmful or the intent.

- Promote illegal activities or discuss involvement in illegal activities. Any incidents of this will require us to report it to the police and pass on relevant information.

- Never access parts of the site or services which you are not permitted access.

- Never post anything misleading which would lead users to believe you represent Charede Gaming.

- Never reproduce or plagiarize any part or component of the site for personal or redistribution purposes both commercial and non-commercial.

- Spam identical comments.

- No advertising of any type.

- Never intimidate, threaten or harass other users using the site and the services we offer.

- Never use the site to harvest information from our users be it through programs, requesting it from users or probing the website for information. This is not limited to the methods mentioned.

- Never submit comments or material promoting the use of illegal or cracked copies of software, pirated videos or audio. This includes any mention, promoting them or suggesting or implying how to use or obtain such materials.

- You are not permitted to promote competitors or other services or any online communities or companies or organisations.

- You are not permitted to post any individuals personal information. This includes the information of any user, members of our content team, owners, affiliates etc.

- You agree not to submit/post any false information or anything deliberately misleading or promote any information you know is misleading from another user.

SECTION 4 - MANAGEMENT OF CONTENT & USERS

Charede Gaming reserves the right to monitor and screen content posted to the site by both our content team and end users. In the event end users post content to our site which would breach any of our policies we may feel it necessary to act and remove the offending content and apply penalties to the accounts and ips associated with the offending content/user. We may also take action in the case of legal matters which includes but is not limited to copyright issues, offensive content which breaches the legal rights of other users, Charede Gaming and content creator team. You agree that you understand and waive the right to compensation for damages as  a result of exposure to offensive material while on our site and services and will not hold Charede Gaming liable.

In the event of disputes among users every individual is responsible for their own actions and the interactions they have with other users on the site. We have no obligation to observe or intervene in disputes between users however we may intervene in extreme cases or in the event any users involved breach any of our policies and are causing other users distress or reducing the quality of service to others.

SECTION 5 - PAID SERVICES & DONATIONS

Charede Gaming offers a range of paid services as well as the opportunity for users to submit donations. All funds go to ensuring we can keep the service running, develop a range of new content and ensure our content providers are suitably compensated for the hard work they put in to providing you with entertainment and informative content.

For details on what our subscription service offers, renewal, cancellation, termination, signup requirements and user restrictions please visit the information which can be found in our refund policy which can be found at this link clicking here and subscription service information documentation which can be found by clicking here.

Regarding Paid Services

Charede Gaming offers a paid subscription service to users. We have terms regarding our paid services which you need to be aware of.

Regarding Tips

All tips are entirely voluntary. Tips can be made via our Patreon page on which there is a variety of tipping options by clicking here. We also have an alternative which is tipping and can be done by clicking here. Please be aware tips are none refundable.

Tips do not entitle you to a specific service or extra offering however in the case of our Patreon page we may offer extras for reaching milestones.

SECTION 6 - MODIFICATIONS TO PAID SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - THIRD PARTY CONTENT

Charede Gaming has a dedicated team of content producers but each individual is responsible for the content they produce and post to our site. We do not take responsibility for the views, opinions and judgements made by these individuals. The views, opinions and judgements made by individuals represent their own and not that necessarily of Charede Gaming. Nor is Charede Gaming responsible for the accuracy and reliability of any opinions, statements or advice given by our content producers or end users on our site. It is each content producers responsibility to monitor and evaluate their content for accuracy and report in a professional manner.

Under no circumstance is Charede Gaming and its content team responsible for any end user created comments on the site or information provided by end users in our forums or comment sections. Evaluate the opinions of other end users with caution we are not responsible for the accuracy, usefulness or the completeness of any opinions, advice or other content posted by end users via this site and our other services.

SECTION 10 - COPYRIGHT POLICY

Users may not repost, redistribute, display, transmit or reproduce our content in any way shape or form without written consent from the copyright owner. This pertains to both Charede Gaming's intellectual property, the property of our content team, and property belonging to third parties for which we have the permission to use.

If you wish to seek consent to use any of Charede Gaming's copyrighted content you must submit a request to charede@charedegaming.com . In the event of obtaining permission from a member of our content team you will need to seek out their contact information and contact them via these.

In the case of third party content posted to the site by users or content by the content team which you feel is in violation of your copyright ownership you have the right to submit a DMCA claim. For details on how to submit a DMCA claim please see section 11.

SECTION 11 - DMCA

Charede Gaming protects and enforces the copyright of its own creative content and materials as well as respecting the protected properties which belong to other individuals and organisations. There are users and third parties who may post content in infringement of ours or another's copyright. We actively police the website and our other services to prevent this happening and remove content which breaches this. In the event you believe that any content on the site breaches your copyright we request you submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (DMC). This should be submitted to us via email (Charede@charedegaming.com) with the following information:

A: A signature or other evidence which proves you are the holder of the copyright for the specific item in question. Or evidence you are able to act as an agent on behalf of the copyright owner.

B: Identification of the item or items which you claim is breaching your copyright which you would like removed.

C: Provide us with several methods to contact you.

D: A paragraph within the email which specifically states you are submitting the claim in good faith and you believe it is a genuine breach of copyright and the claim is accurate. You also need to state that you are authorized and have full legal right to act on behalf of the copyright owner that is in breach.

All copyright claims must be submitted to our copyright representative. In the event the individual submitting the claim fails to comply with the information in this section regarding contact us and the details we require then the end users DMCA notice may not be valid.

If a false copyright claim is submitted either by an agent working on behalf of a copyright holder or the copyright holder or by another party who has no claim to the content for which they are submitting a claim then penalties may be applied to the end user concerned.

In the event a piece of content is removed due to a claim but the individual who caused this content to be removed does in fact not have the right to submit such a claim. Then the true copyright owner has the right to submit a counterclaim granting permission for the content to be used and requesting contact information for the individual who submitted the initial claim so the dispute can be resolved.

In the counter claim the user needs to provide the following information:

A: A signature or other evidence which proves you are the holder of the copyright for the specific item in question. Or evidence you are able to act as an agent on behalf of the copyright owner.

B: Identification of the item or items which you claim has been removed which you would like reinstated.

C: Provide us with several methods to contact you.

D: A paragraph within the email which specifically states you are submitting the claim in good faith and you believe it is a genuine breach of copyright and the claim is accurate. You also need to state that you are authorized and have full legal right to act on behalf of the copyright owner that is in breach.

In the event a counter notice is submitted the individual who submitted the initial complaint user agrees to have their contact information submitted to the counter claiming party as well as a copy of the initial complaint. In the event of a counter claim we may restore the removed content. It is up to the copyright owner to then take legal action against the individual who submitted the initial claim. Charede Gaming may also take action in the event of losses associated with an incident as a result of a false claim.

In the event you wish to submit a DMCA notice or a counter notice we strongly recommend you seek legal advice from a qualified professional. False claims can result in penalties against the user under DMCA.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Charede Gaming, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Charede Gaming and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.

SECTION 18 - PRIVACY POLICY

Our privacy policy can be found by clicking here. Charede Gaming recommends that you take the time to read this as this covers how we protect personal information you submit to us as well as how we will use that information.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@charedegaming.com.

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