LAST UPDATED: JUNE 2, 2016
IF YOU REJECT THIS AGREEMENT WITHIN Fourteen (14) DAYS AFTER FIRST PURCHASING A DONATION RANK TO THE Counter Craft Mod, YOU MAY REQUEST A FULL
LICENSE AGREEMENT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
Welcome to Counter Craft Mod, LTD.’s ("Counter Craft Mod”) Counter Craft Mod® (the "Game”). The Game includes two components:
- the software program along with any accompanying materials or documentation (collectively, the "Game Client”), and
- Counter Craft Mod’s proprietary Counter Craft Mod online service (the "Service”). Your use of the Game Client is
(collectively, the "Counter Craft Mod Agreements”) prior to playing the Game.
You must obtain a Minecraft Account from Minecraft.net, and register for and log in using a Premium Minecraft account (a "Minecraft Account”)
to play the Game. The Game is available for use only by authorized end users in accordance with the terms of the Counter Craft Mod Agreements.
Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the Counter Craft Mod Agreements is expressly prohibited.
- Grant of a Limited License to Use the Service Subject to your agreement to and continuing compliance with the Counter Craft Mod Agreements, you may use the
Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for
any other purpose, or in connection with any other software.
- Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations”).
Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Counter Craft Mod’s copyrights in and to the Game.
You agree that you will not, under any circumstances:
- use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Counter Craft Mod experience;
- exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation
- use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Counter Craft Mod;
- for gathering in-game currency, items or resources for sale outside the Game; or
- performing in-game services in exchange for payment outside the Game, e.g., Currency Selling;
- use any unauthorized third-party software that intercepts, "Bot’s,” or otherwise collects information from or through the Game or the Service,
including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment;
provided, however, that Counter Craft Mod may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Counter Craft Mod;
- facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation
- any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and
- any connection using programs or tools not expressly approved by Counter Craft Mod;
- violate any applicable law or regulation in connection with your use of the Game Client or the Service; or
- disrupt or assist in the disruption of
- any computer used to support the Service (each a "Server”); or
- any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY
BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the "license to play” granted to you.
- Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer
code, GUI, Objects, players, player names, Custom Plugins, Capes, Ranks, Locations, concepts, artwork, character inventories, structural or landscape designs, animations,
sounds, musical compositions and recordings, audio-visual effects, Maps, character likenesses, methods of operation, moral rights, and any related documentation) are owned
or licensed by Counter Craft Mod. The Game is protected by the copyright laws of the United States,United Kingdom & international treaties and conventions, and other laws.
The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
- No Ownership Rights in Account. NOT WITH STANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN
ANY ACCOUNT STORED OR HOSTED ON A COUNTER CRAFT Mod SYSTEM, INCLUDING WITHOUT LIMITATION ANY MINECRAFT ACCOUNT’S, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND
TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COUNTER CRAFT MOD.
- Account Suspension/Deletion. COUNTER CRAFT MOD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY MINECRAFT ACCOUNT OR MOJANG ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON,
WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms
of Use or the EULA.
- Code of Conduct. As with all things, your use of the Game is governed by certain rules. These rules, maintained and enforced exclusively by Counter Craft Mod, must be adhered
to by all players. It is your responsibility to know, understand and abide by this Counter Craft Mod Code of Conduct. The following rules are not meant to be exhaustive, and Counter
Craft Mod reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including
Ban and Modpack Ban of the Account. Counter Craft Mod reserves the right to modify this Code of Conduct at any time.
- When signing up for a minecraft account you are forced to enter a username. If Counter Craft Mod finds such a Username to be offensive or improper, it may, in its sole
and absolute discretion, Change the name, and/or ban or mute you in accordance to our server rules. In particular, you may not use any name:
- Belonging to another person with the intent to impersonate that person, including without limitation a "Admin" or any other employee or Staff member of Counter Craft Mod;
- That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity, or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
- Belonging to any religious figure or deity;
- Taken from Counter Craft Mod products;
- Related to drugs, sex, alcohol, or criminal activity;
- Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
- Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
- Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman");
- That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou");
- That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles, monarchistic or fantasy titles (e.g., "KingMike",
"LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling or an alternative spelling to circumvent the name restrictions
listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
- Rules Related to "Chat" and Interaction With Other Users. Communicating in-game with other Users and Counter Craft Mod Staff team, whether by text, voice or any other method,
is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
- Transmit or post any content or language which, in the sole and absolute discretion of Counter Craft Mod, is deemed to be offensive, including without limitation content o
r language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable,
nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
- Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large
amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
- Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or
advertisements for goods and services available outside of the Counter Craft Mod universe;
- Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements
to sell goods or services;
- Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information
in a private message directed to a single user;
- Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
- Participate in any action that, in the sole and absolute opinion of Counter Craft Mod, results or may result in an authorized user of the Game being "scammed" or defrauded out of
Currency, Kits, guns, or any other items that user has earned through authorized game play in the Game;
- Impersonate any real person, including without limitation any "Admin" or any other Counter Craft Mod staff member, nor may you communicate in the Game in any way designed to make others
believe that your message constitutes a server message or was otherwise posted by any Counter Craft Mod Staff member.
- Rules Related to Game Play. Game play is what Counter Craft Mod is all about, and Counter Craft Mod strictly enforces the rules that govern game play. Counter Craft Mod considers most conduct to
be part of the Game, and not harassment, so player-killing clan members, including friends and/or spawn camping, is considered a part of the Game. Because the Game is a "player vs. player" game, you
should always remember to protect yourself in areas where members hostile to you are, rather than contacting Counter Craft Mod's in-game Staff team for help when you have been killed by an enemy in
- Using or exploiting errors in game code, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage
over other players;
- Anything that Counter Craft Mod considers contrary to the "essence" of the Game.
- Ownership/Moving accounts or donation items from player to player. Counter Craft Mod does not recognize the transfer of donation items or kits (each an "Account”). You may not purchase, sell, gift or trade
any Donation, or offer to purchase, sell, gift or trade any Donation, and any such attempt shall be null and void. Counter Craft Mod owns, has licensed, or otherwise has rights to all of the content that appears
in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated
with any Account. Counter Craft Mod does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world” of anything that appears or
originates in the Game. Accordingly, you may not sell in-game items or currency for "real” money, or exchange those items or currency for value outside of the Game.
of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided,
this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all
such changes. Counter Craft Mod may change, modify, suspend, or discontinue any aspect of the Game at any time. Counter Craft Mod may also impose limits on certain features or restrict your access to parts or all
of the Game without notice or liability. The entire risk arising out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions
do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
- Termination. This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all Counter Craft Mod Accounts registered to you. In the event that you
terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for ranks or kits to Counter Craft Mod. You acknowledge and agree that you are not entitled to any refund
for any amounts which were pre-paid prior to any termination of this Agreement. Counter Craft Mod may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason.
The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
- Limitation of Liability. IN NO EVENT SHALL COUNTER CRAFT MOD, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL
DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Counter Craft Mod's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid
by you to Counter Craft Mod during the six (6) months immediately prior to the time such claim arose.
- Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Counter Craft Mod, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING
REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.
- Force Majeure. Counter Craft Mod shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Counter Craft Mod, including without limitation any failure to perform hereunder
due to unforeseen circumstances or cause beyond Counter Craft Mod's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation
facilities, fuel, energy, labor or materials.
- Acknowledgments. You hereby acknowledge and agree that:
- WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH COUNTER CRAFT MOD. AN "UNAUTHORIZED THIRD PARTY
PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS
AN UNAUTHORIZED THIRD PARTY PROGRAM, Counter Craft Mod MAY
- COMMUNICATE INFORMATION BACK TO COUNTER CRAFT CLOUD, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD
PARTY PROGRAM WAS DETECTED; AND/OR
- EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY COUNTER CRAFT AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- WHEN THE GAME IS RUNNING, Counter Craft Mod MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S),
FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY COUNTER CRAFT AGREEMENT.
- Counter Craft Mod may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities:
- in response to a request by law enforcement, a court order or other legal process; or
- if Counter Craft Mod believes that doing so may protect your safety or the safety of others.
- COUNTER CRAFT MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE.
Additionally, you acknowledge that Counter Craft Mod is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
- Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Counter Craft Mod would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Counter Craft Mod shall be
entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Counter Craft Mod may otherwise have available to it under applicable
laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys'
fees and other expenses incurred by such prevailing party in the litigation.
- Dispute Resolution and Governing Law.
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute”), you and Counter Craft Mod agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to
the other. Counter Craft Mod will send its notice to your billing address and email you a copy to the email address you have provided to us.
- Binding Arbitration. If you and Counter Craft Mod are unable to resolve a Dispute through informal negotiations, either you or Counter Craft Mod may elect to have the Dispute (except those Disputes expressly excluded below)
finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act
and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, Counter Craft Mod will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator
will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as
otherwise provided in this Agreement, you and Counter Craft Mod may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and Counter Craft Mod agree that any arbitration shall be limited to the Dispute between Counter Craft Mod and you individually. To the full extent permitted by law,
- no arbitration shall be joined with any other;
- there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and Counter Craft Mod agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Counter Craft Mod’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
- any claim for injunctive relief.
- Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be
initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made,
shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Counter Craft Mod agree to submit to the personal jurisdiction of that court.
- Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of
law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia,
Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction.
In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of
1993 ("Act”) may apply to the Game and/or the Service as supplied by Counter Craft Mod to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which
may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia,
Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
- Severability. You and Counter Craft Mod agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect.
If Section 17(d) is found to be illegal or unenforceable then neither you nor Counter Craft Mod will elect to arbitrate any Dispute falling within that portion of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Counter Craft Mod agree to submit to the personal jurisdiction of that court.
- Miscellaneous. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining
and any other communications with regard thereto between you and Counter Craft Mod; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA or the Counter Craft Mod TOU. This Agreement may only be modified
as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.