Welcome to Cattledog Gaming, operated by Cattledog Gaming LLC. By using the website located at https://cattledoggaming.com/, you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of Cattledog Gaming ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Cattledog Gaming Privacy Policy, do not use the Service.
This Agreement is subject to change by Cattledog Gaming at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Cattledog Gaming posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Cattledog Gaming from time to time, such modifications to be effective upon posting by Cattledog Gaming on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Cattledog Gaming provides hosting services for dedicated game servers. Hosting services may not be used for any other purpose. Cattledog Gaming retains the right to terminate the Service if it determines at its sole discretion that its services are being used for anything but the intended purpose.
We host dedicated game servers built by others ("Game Developers"). We do not make any gurantees on the quality of software, nor do we gurantee any support. Sometimes, updates to game servers contain software bugs which degrade the quality of service provided. We will make every attempt to work with the Game Developers to quickly patch the game servers, however, we are not responsible for any damages that result from faulty software from the Game Developers.
Service will continue to be renewed until terminated. You must cancel your service before the next billing cycle to avoid being charged for the next cycle.
You must be at least 18 years of age to purchase a subscription. If you are under the age of 18, parental or legal guardian consent is required.
Some games require your acceptance of other licenses or agreements to use. Use of those servers implies agrement.
Some games may allow you to host and redistribute certain copyrighted works, such as mods or maps. You agree that you have permission to redistribute these works by doing so.
Each game server is treated as a separate subscription. Each billing cycle, you will be charged the subscription fee plus any applicable fees and taxes. Subscription fees are determined based on the game server, amount of resources, and location. By navigating to the game server page, you will find the option to cancel.
We may use a third party to process payment and subscription invoicing.
You may cancel your subscription at any time for no charge. We will continue to run your game server through the end of the billing period, except if other parts of this agreement are breached that warrant immediate termination of service. We do not offer prorations and immediate terminations.
Payments are nonrefundable and there are no refunds or credits for partially used subscriptions.
We may provide refunds or credits at our sole discretion, for any reason, at any time. Such refunds or credits do not imply any policy or agreement, nor do they imply similar refund or credits for similar circumstances in the future.
We may at any time decide to change the subscription fee. We will provide notice to you by email at least 14 days before any price changes come into effect.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. Cattledog Gaming will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-login feature.
Cattledog Gaming reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cattledog Gaming shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Services, Cattledog Gaming reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
Cattledog Gaming prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
2020 N Academy Blvd, Ste 261 #759
Colorado Springs, Colorado 80909
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Cattledog Gaming at the address shown above, giving a written statement that contains:
Cattledog Gaming will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
You hereby acknowledge and agree that Cattledog Gaming (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, Cattledog Gaming excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Cattledog Gaming cannot and does not review the Content created or uploaded by its users, and neither Cattledog Gaming nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
Cattledog Gaming and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Cattledog Gaming or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
In no event shall Cattledog Gaming be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Cattledog Gaming or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Cattledog Gaming makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL Cattledog Gaming, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Cattledog Gaming HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Cattledog Gaming HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Cattledog Gaming HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Cattledog Gaming and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Cattledog Gaming during the six months prior to notice to Cattledog Gaming of the dispute for which the remedy is sought.
You agree to indemnify and hold Cattledog Gaming, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
In the event that Cattledog Gaming is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Cattledog Gaming’s attorneys' fees and costs.
Use of the Websites and/or the Service is also governed by our Privacy Policy, located at https://cattledoggaming.com/privacy
If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Colorado with the same force and effect as if such service had been made within the State of Colorado. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Colorado, County of El Paso. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Colorado, County of El Paso.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
If you access Cattledog Gaming from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
This Agreement contains the entire agreement between you and Cattledog Gaming regarding the use of the Websites and/or the Service.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Cattledog Gaming’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Cattledog Gaming’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Please contact us with any questions regarding this agreement.