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Terms of Service
Accepting these Terms
Please read these Terms of Service carefully before utilising the Primal service or any other
domains, products, services, and/or content provided by
Primal ‘Services’. By using or accessing the services, you agree to become bound by all the terms
and conditions of this Agreement. If you do not agree
to all the terms and conditions of this agreement, you should not and are not permitted to use the
Primal Services.
Primal Virtual Store Service
Primal provides operators of 3rd party hosted servers with virtual stores to accept donations and
payments for virtual goods and services. Primal then
facilitates the transfer of these virtual goods to the account holder's gaming alias/account, while
facilitating the transfer of monies from the buyer to
the seller of the item.
Primal Buyer
An Primal Buyer is defined as a person who is seeking to obtain a virtual item or service for the
use on a gaming server to be utilised exclusively on
that gaming server. It is the buyer's responsibility to ensure that all payments being made through the
Primal system are done legitimately, with their
own funds, on their own credit card. If you do not agree with these terms of service, you should not use
the system, and if a chargeback is detected, you
will be added to Primal’s global payment blacklist. As an Primal Buyer, you will be charged
a percentage fee for the utilisation of the Primal provided virtual store.
Primal Refunds
Purchases of any paid services are final and non-refundable. We ask that you keep good records of your
receipts at all times, and that you double check
before making any purchases. Your money is your responsibility. Termination of your Account or your
rights under this Agreement may result in forfeiture of
existing paid services. Any disputes regarding the loss or forfeiture of a virtual item are between the
buyer and seller defined above.
Support & Contacting Primal
If you have any issues integrating the Primal system with your server system, support can be
provided by emailing [email protected] or
alternatively, using the forums.
When contacting support or using the forums, there are a few things you can do to make sure that your
support request is answered as quickly as possible:
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Make sure that the title for your ticket is both specific and short. You want us to be able to
identify your issue immediately.
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The actual ticket should be easy to read, but contain as many details as possible that are
relevant. Screenshots, video recordings, or detailed
instructions on how to reproduce bugs go a long way to making sure we understand exactly what
the problem is.
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Ensure your support post is written in English as to obtain a response.
Your virtual content hosted on the Primal Store
Note: In this section the term “Data” will appear frequently. “Data” means the information gathered from
you when you register for your account (Including
your IP address), profile data and any Content added by you.
When you upload anything to your Primal Virtual store, you retain the virtual rights to your
digital items, as long as these items do not violate any
other terms in this agreement.
Keeping the above in mind, you give us permission to use, access, store, cache, publicly perform and
publicly display your Content and Data. This
permission is non-exclusive, worldwide, and royalty free. This permission is given to us so that we can
do the following with it:
A) Make your Content and Data available on the Primal network in different types of media. In
other words, so that we can let you display your profile
avatar, make posts on your forums, and write news & blog articles in addition to any other way your
Content and Data can be made available;
B) Use your Content and Data to analyze the way that you interact with our system, so that we can market
ourselves to you and users like you, and better
ourselves as a business.
You are also aware that if we remove any of your Content in response to a DMCA takedown notice or
because it violates our Terms of Service, we can use or
recreate it in any way we need to. The most common reasons for this would be if a court or lawful body
subpoenas us, or if we are required to by law
enforcement agencies and governments. We may also do this to protect our own rights or the rights of
individual users or our general user base.
You have certain responsibilities to your Content and Data. You are responsible for making sure that you
actually own all the rights to your Content and
Data, including the right to give others permission or license to use it. You are also aware that we
can’t guarantee that your Content or Data is private
or confidential once it is on our network.
You understand that, even if you delete your account with us, any of your Content or Data might remain
on our network in some form.
You also agree that we can talk about you or share you, your Content, or your Data in material like case
studies, promotions, presentations, and press
releases.
We try our best to ensure that all Content and Data on our network is safe to view for the general
public. You understand that we may filter or refuse to
accept any Content or Data you post, display, or transmit on or through our network. With this in mind,
we cannot be expected to filter or refuse to accept
any Content or Data in an obligatory manner. If we choose to do this, we can do so with or without
notice and without liability of any kind.
Licenses
Your Account
To utilise Primal, you are required to create a user account. The credentials of your user account
are your responsibility. Choosing to utilise Primal means that you commit to providing us with complete and accurate information as per your account
details, and commit to updating your account details
should this information change as quickly as possible. If your account is hijacked, you are still
responsible for any actions made under your account
credentials, and it is up to our discretion whether any commitments made under the hijacked account will
be held to the account holder. We reserve the
right to cancel any account at any time, including, but not limited to reasons such as terms of use
violations and long absence times.
When you sign up, you agree to use complete and accurate information. If any of this information
changes, you also agree to make the update to your account
as quickly as reasonably possible. Any actions that occur under your account are your responsibility.
We reserve the right to cancel any account at any time, including for reasons like terms of use
violations and long absence times.
Changes to Primal
Primal reserves the right to make changes to the way in which the system operates and collects
revenue at any time during your period of service with us.
While we will endeavour to keep these changes to a minimum, by utilising Primal, you respect the
rights of Primal to do these changes, and will conform
to any changes that occur to the platform.
Changes to Fees Structure
Primal reserves the right to, from time to time, make adjustments to the Primal fees
structure.
Any change as a result of changes to our banking and other financial service providers fees will occur
immediately without notice. These changes will be
implemented to reflect exactly the fees changes of our banking and other financial service providers.
Any change to our fees structure as a result of Primal decision making will be communicated to you
2 weeks prior to the changes taking effect. By signing
these terms and conditions you agree that the best form of communicating these changes to you is the
Email address attached to your account. All
communication regarding fee changes will be sent to this email address.
While Primal does utilise PayPal services, any reversal or other of transactions through PayPal
are yours and PayPal’s responsibility to mediate. We hold
no responsibility for any fees or other exacted by PayPal, not being affiliated with that service by any
other means than by the relationship of Service
Provider and Client.
Development and Suggestions
Over time, we may develop new features, software, content, or services - any of which could be similar
to your own work. You agree that nothing in our
agreement obligates us to give you credit or compensation for any such items.
We provide you with several ways to give us feedback and make suggestions to us. If you ever choose to
provide us with feedback, then you agree that we may
use it any way we wish without owing you compensation or credit for it.
Your interactions with other users
The way you interact with other users is your responsibility alone. As with any society or collective,
the Internet can have individuals on it that are
dangerous - we encourage you to take care in any dealings with other users or third parties.
You agree that Primal has no obligation to mediate or in any other way become involved if you and
another user or other third party are having a dispute.
Your monetary transactions with other users and third parties are your responsibility. Please use
caution and good judgment when dealing with other parties
- especially when money is involved. If you have a dispute concerning charges or the delivery of goods
with another user, we have no obligation to become
involved.
You agree to release us of any claims, demands, and damages of any kind that might occur during
interaction with another user or third party. We keep our
system secure, but at the end of the day, it is up to each individual user to look after their own best
interests and exercise caution.
Acceptable Use and Conduct
Our Trademarks
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are
used on our system. We do not give you a license to
use any of these, and you may not use them without our permission. There may be trademarks, logos, and
trade names from other groups on our system; these
are the property of their respective owners.
Primal Ownership Rights
You agree that we own all rights, titles, interest and intellectual property rights to any system,
platform, artwork or symbol that is not exclusively
utilised by another entity that is utilised on our platform. Any rights that we do not specifically list
are reserved by us. When you use our system you
agree that you will obey all copyright notices, rules, information or restrictions listed in any part of
our network. You must not change, delete, or hide
any of our copyrights, trademarks, patents or legal notices on our platform.
Third Party Content
Our platform may contain features and functions that link to third party websites, servers, directories,
systems, networks or any other kind of third party
hosting or hosted content. Anytime you access this content, what you do with it is between you and the
content provider. We do not endorse or support any
third party content, and cannot be held responsible for what is contained on these external systems.
Please make sure that you familiarise yourself with
the safety and reputation of any third party links that you access, and that you take the appropriate
steps to backup your data, protect your privacy, and
guard yourself against viruses, malware, scams or other types of risks that can be found on the
Internet.
We may also sometimes use code, content, or themes from platform users, third parties, or advertisers.
Having third party content on our platform does not
mean that we endorse, are affiliated with, or support it. We do not have control over third party
content - so we cannot offer any promise concerning
whether it works well, is accurate, or legal. We reserve the right, but are not obligated, to filter or
refuse to accept any third party content. Making
sure that third party content is safe for you is your own responsibility.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON
THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY
SITES, IS SOLELY AT YOUR OWN RISK.
Representations and Warranties
By using our system, you agree to all of the following:
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You will obey all applicable local, state, national and international laws when connecting to
and using the Primal platform;
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You have the right to grant Primal the appropriate licenses to your Content, Code, Art
(For themes and other resources), and Data;
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Your Content, Code, and Art will not violate any copyright or ownership laws and will not
infringe anyone’s intellectual property, trademark,
patent, trade secret, privacy rights or any other rights.
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Your Content, Code, and Art will not slander, defame, libel or invade the right of privacy and
publicity for anyone.
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None of your Code will contain any malware such as viruses, trojan horses, trap doors, back
doors, worms or any other “bad”, damaging, or harmful
programs that will interfere with or damage our platform
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None of your Code will intercept, decompile, or use any user’s personal information on the
Primal platform.
In a nutshell, you’ll use our system the way it’s supposed to be used. The appropriate way to use it is
described with each individual feature, as well as
in these terms of service.
Primal’s Relationship with Users
You agree that we can end your relationship with us at any time. This means that we can cancel your
account, delete any content or data you’ve added, and
remove your ability to access our system in any way. We can do this without telling you beforehand, and
without incurring any liability to the account
holder. These kind of actions would most likely occur, but aren’t necessarily limited to, any situation
where you violate our terms of service.
Network Data
When you utilise Primal, we collect data about your network connection, IP address, Geolocation
and associate these with your account details. We do this
as to coordinate and calculate risk factors towards fraudulent activity, and reserve the right to
commercialise this data anonymously for things such as
speed test results and network bottleneck assessments.
Disclaimer of Warranties
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or
material displayed in or accessible through the Primal platform. We are not responsible for the
deletion, failure to store, misdelivery, or untimely
delivery of any information or material. We are not responsible for any harm that might come from
downloading or accessing any information or material on
the internet through using the Primal platform.
THE Primal PLATFORM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE
Primal PLATFORM ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. Primal, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Primal, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Primal PLATFORM. Primal, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE Primal PLATFORM.
Primal, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE Primal PLATFORM OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE Primal PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE Primal PLATFORM.
YOU UNDERSTAND AND AGREE THAT (A) THE Primal PLATFORM WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B)
THERE IS NO WARRANTY OR GUARANTEE THAT THE Primal PLATFORM WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED (C) Primal HAS NO CONTROL OVER THIRD
PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF
YOUR USE OF THE Primal PLATFORM, AND (D)YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH
THE USE OF THE Primal PLATFORM AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Primal OR ITS SUCCESSORS,
AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS,
LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE Primal PLATFORM (INCLUDING THROUGH SUPPORT
SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Primal OR
ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES,
SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
(EVEN IF Primal HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO
USE THE Primal PLATFORM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR
SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR
OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN Primal (INCLUDING THIRD PARTY APPLICATION
DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE
Primal PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A
JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR
EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST
EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED
UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Terms of Service Amendments
Primal reserve the right to make changes to these terms of service at anytime. When these terms of
service are changes, we commit to informing you of
these changes through email. You are responsible for viewing and reading the updated terms of service,
and if you do not agree to the terms of service, you
must stop using the Primal platform.
Term and Termination
This agreement stands as long as you have an account with us. If your account is closed, then some
portions of this agreement will no longer be in effect.
We will not continue to provide you with our services, but you will still be expected to obey our rules
and regulations.
Governing Law and Jurisdiction
These Terms must be interpreted and governed and construed in accordance with Primal’s Place of
Business Registration exclusive of its choice of law
principles. If a dispute arises out of or relating to this Agreement , it must be subject to the
exclusive jurisdiction of the courts of Primal's Place
of Business Registration and each party hereby consents to the jurisdiction and venue of such courts.
Relationship Of The Parties
You, third parties, and Primal are all independent parties with respect to each other. This
agreement does not mean a partnership between us and you or
any third party. It also does not constitute a joint venture or an employment relationship. You agree
that Primal has no special relationship with or
beneficiary duty to you. No parties in this agreement (Including us, you, and any third party) have the
right to enter into an agreement for or on the
behalf of any other agreeing party. No parties in this agreement may become involved in a situation that
results in obligation or liability of any other
agreeing party.
Copyright Infringement / DMCA Compliance
We comply with the Digital Millennium Copyright Act (DMCA) and its equivalent standards in other
jurisdictions [where applicable and reasonable]. We may
remove any content, code, art, or data that you add to our system if it is allegedly in violation of any
portion of the DMCA, or if it infringes on the
copyrights of others. This may be done without any liability to you. To avoid these issues, make sure
that you own the copyrights to all things you upload,
add, or transmit to or through our system.
We may close the account of any user and prevent their access to the Primal platform, including
access to any website, if the user repeatedly violates
our copyright policy. In most cases, if more than two different third parties send us a legitimate
notice of copyright infringement, we may consider a user
a repeat violator. We do, however, reserve the right to close any account at any time, even if the user
only violates our copyright policy once.
Please note DMCA Notice and Counter Notice are regarded as being an "unsworn declaration", signed under
penalty of Perjury (as prescribed under Title
18 USC § 1621); that is, to make a false statement of fact, or in other words to 'lie'
(this includes, but is not limited to, using false or fake credentials, contact details or identity
information as well as, or alongside, any false claims
in the notice), is a felony crime which carries a fine and/or imprisonment as potential punishment.
Upon receipt of Notice as described below, Primal will take whatever action, in its sole
discretion, it deems appropriate.
Reporting Copyright Infringement:
If you discover anything infringing your copyright a notice of copyright infringement containing the
following information to the email address [email protected]
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Identification of the work or material being infringed.
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Identify the material or link you claim is infringing and to which access is to be disabled,
including at a minimum, if applicable, the URL of the
link shown on the site or the exact location where such material may be found.
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Contact information for the notifying party, including full name, address, telephone number and
email address. Please note our support team may
call you to confirm your full name, address and telephone number.
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Include both of the following statements in the body of the Notice:
“I hereby state that I believe in good faith that the disputed use of the copyrighted material is not
authorized by the copyright owner, its agent, or the
law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am
the owner, or authorised to act on behalf of the
owner of the copyright or of an exclusive right under copyright that is allegedly infringed.”
Contact Details of Primal
Primal directorship can be contacted at the email address [email protected] to discuss anything that may of
pertinence to the business or it’s operation.
