These Terms of Service govern the relationship between you and Eagle Dynamics SA, Route de Moncor 2, Villars-sur-Glâne 1, 1752, Switzerland, CH-660.2.221.000-8 ("Eagle Dynamics", "we", "our" and "us") in relation to our websites: digitalcombatsimulator.com, digitalcombatsimulator.ch, digitalcombatsimulator.ru, dcs-world.com, dcs-world.ch, dcs-world.cn, dcs-world.ru, dcs.world sites (each a "Site").
These Terms of Service apply to your use of our Sites, including any content, functionality, products, and services offered on or through Sites, whether as a guest or a registered user.
These Terms of Service also govern the relationship between you and us regarding your use of any of the forums that we operate for the DCS World games (the "Games Forums"). The rules and guidelines applicable to the Games Forums (the "Forum Rules") are set out at https://forum.dcs.world/guidelines/ and form part of these Terms of Service.
In these Terms of Service, the Sites and Games Forums are collectively referred to as the "Services."
Please read these Terms of Service carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not use the Services.
In addition to these Terms of Service, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Eagle Dynamics SA, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.
If you are under the age of eighteen (18), please ask your parent or guardian to read and accept these Terms of Service on your behalf before you use the Services. If you (or, if applicable, your parent or guardian) do not agree to these Terms of Service, then you may not use or access the Services or any part thereof. By signing up for an Account (see below, section 5 "Your DCS World Account"), you represent and warrant that you are a "natural person" who is over the age of eighteen (18) or whose legal guardian have accepted and agreed to these Terms of Service.
You agree that you will not knowingly allow any individual under the age of eighteen (18) to use or access the Services without a parent or legal guardian supervising him or her.
Please review our Privacy Policy found at https://www.digitalcombatsimulator.com/en/legal, which also governs your use of the Services, to understand our practices.
We may update these Terms of Service from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.
To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, we may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and us.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify us (via support@digitalcombatsimulator.com) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
The Services, including all content, features, and functionality thereof, are owned by us, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Eagle Dynamics SA. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Eagle Dynamics SA’s sole judgment).
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, our servers, or electronic communications sent from Eagle Dynamics SA are free of viruses or other harmful components.
To the full extent permissible by law, Eagle Dynamics SA will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement. Further, to the full extent permissible by law, our aggregate liability arising out of or in connection with this Agreement will not exceed the total amounts you have paid (if any) to us under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.
You agree to defend, indemnify, and hold harmless Eagle Dynamics SA, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
Any dispute or claim by you arising out of or related to these Terms ("Claim") shall be governed by Switzerland law without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, a Claim shall be instituted exclusively in the courts of the Switzerland. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation has been provided for your convenience.
If you have any questions, complaints, or comments regarding these Terms of Service, please contact us at https://www.digitalcombatsimulator.com/en/support/.
