nightfall - terms of services (last update: July 5th, 2020)

First and foremost: If you are visiting this site to gather information to use against nightfall or to in any way cause harm to nightfall as nightfall might view, you must leave now.


1. Acceptance of Terms of Use and Amendments

By accessing “nightfall” (hereinafter “we”, “us”, “our”, “nightfall”, “https://nightfall.site”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “nightfall”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “nightfall” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.


2. Our Service

Our web site and services provided to you on and through our web site on an as is basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. If you do not agree to these Terms of Use, do not use this site in any way, shape, or form.


3. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.


4. Our Products

nightfall sells Memberships. Our softwares are owned by nightfall and are the property of nightfall. Our softwares have been created to be used on playful purposes, on private servers with your friends. nightfall is not responsible if you use our softwares in another purpose. The use of our softwares in other purposes, which are not the ones that our softwares have been made, is at the own responsibility of the user. All our softwares are free, but their uses involve a Membership. Our softwares are allowed to run on one personal computer only. Our system is based on several parts of your computer (processor, memory, harddrive, etc), to generate an unique hardware id. The user is allowed to modify the hardware id to use our softwares on another personal computer. The change may be charged or free of charges, this depends on our system being able to recognize the new hardware id. No refunds or partial refunds will be given should the website cease operations or become unable to provide content updates for any reason.


5. Online Conduct and Cheating

You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on this site and on the Client software that results from use of your Account. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. nightfall may terminate your Account or a particular Subscription for any conduct or activity that nightfall believes is illegal, constitutes a risk, or which otherwise negatively affects the enjoyment of our software by other Subscribers. You acknowledge that nightfall is not required to provide you notice before terminating your Subscriptions(s) and/or Account, but it may choose to do so. When cheating in multiplayer games, you choose to volontary break your games End User Licence Agreements, we can not be taken responsible if you loose your game account and/or get any damage caused by cheating. nightfall is not liable for potential claims caused by one of their consumers on intellectual property of third parties. In such events the consumer protects nightfall for claims from third parties.


6. Payment Policy

Fraudulent charges with an account that sends money without the consent of the account holder or/and any kind of frauds will result in your account being instantly disabled, permanently terminated and/or legal action will be taken. We do not allow the user to share or resell his account, it will result in your account being instantly disabled, permanently terminated and/or legal action will be taken (Art. 8).


7. Right of withdrawal

You have the right to withdraw from this contract within 14 calendar days without giving any reason (L221-18). The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal you shall inform us, nightfall, of your decision to withdraw by an unequivocal statement (e.g. written letter sent by post) including your name, address, account name, order number, date of order and date of withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You hereby expressly acknowledge that you:

  1. Lose your right of withdrawal in respect of the purchase of Digital Content once the performance has begun and for software, which require a prior download before accessing the content, once you are accessing the content.
  2. Lose your right of withdrawal in respect of any Services if the performance has begun with your express consent and once the contract has been fully performed by us.

8. Authentication

Tampering with our Client software to bypass any security mechanism or to dismantle our Client software will result in your account being disabled, permanently terminated and/or legal action will be taken.


9. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password. If you give an unauthorized personal your account to login, it will result in your account being disabled and permanently terminated.

10. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:

  1. Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  2. Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  3. Collect or harvest any data about other users;
  4. Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
  5. Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

11. Submission of Content on this Web Site

By providing any Content to our web site:

  1. You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
  2. You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 10;
  3. You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

12. Private Policy

The name specific datas given by the customer won't be spread to third parties. The customer have the right to access, to modify, and to delete datas which concern him.


13. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.


14. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.


15. Disclaimer of Warranties

You understand and agree that your use of this web site and any services or content provided (the service) is made available and provided to you at your own risk. It is provided to you as is and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.


16. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (1) the use of or the inability to use the service, (2) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (3) unauthorized access to or alteration of your data transmissions, (4) statements or conduct of any third party on the service, or (5) any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.


17. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.


18. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.


19. Miscellaneous Information

  1. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
  2. The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
  3. You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) month after such claim or cause arose or the claim shall be forever barred;
  4. We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

20. Other Organizations

You agree to the following, if not agreed with then leave our site NOW!

  1. I am not visiting this site to steal material (including Information, Snapshots and Source-Codes) to use against the Webmaster, Site Operator or Host or any person in any conceivable manner.

21. Contact

If you have any questions or claims, or comments regarding this Terms of Services or Privacy Policy, please contact our staff on nightfall.site's Discord group (link available on nightfall.site).


22. This Agreement constitutes the entire agreement between nightfall and the User and supersedes any prior statements, whether written or oral.