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Effective as of January 1, 2011
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR “AGREEMENT”).
YOUR USE OF THE TRION WORLDS’ WEBSITE (INCLUDING ANY RELATED SUBSITE, SERVICE OR FEATURE THERETO) (THE “SITE”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THE “TERMS”). IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THIS AGREEMENT ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THIS SITE.
Trion Worlds, Inc. (“Trion”) provides certain content, online games (each a “Game”), and/or services through the Site, which are either publicly accessible or which require registration of or log in to a free account with Trion (an “Account”). Each Game includes two components: (a) the software program along with any accompanying materials or documentation, including a Game authorization code (collectively, the “Game Client”), and (b) Trion’s proprietary online platform service (the “Service”). Your use of the Game Client is subject to the Game’s End User License Agreement (the “EULA”). Your use of the Service is subject to this Terms of Use and Trion’s Privacy Policy, incorporated herein by this reference. You must accept the applicable EULA, the Privacy Policy and this Terms of Use Agreement (collectively, the “Agreements”) prior to playing a Game.
Any use, reproduction, modification or distribution of the Site, a Game or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser or an authorized, unmodified Game Client. You may not use the Site, Game(s) or Service for any other purpose, or using any other method.
You represent that you are a “natural person” and an adult in your country of residence. Legal or business entities such as corporations, companies or partnerships are not eligible for an Account. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child to whom you are a parent or guardian and whom you have authorized to play a Game or access an Account using the license granted to you.
In order to create an Account, you must provide Trion with certain personal information such as your (i) date of birth and country of residence; (ii) first and last (or sur) name; (iii) e-mail address; (iv) password; (v) secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.
You can access, edit and update your Account information at any time through the Site’s Account Management feature. It is your responsibility to ensure that all information on your Account is truthful, complete, current and accurate. You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify Trion of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. Trion will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
Trion owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game, or through the Service. Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to Trion (collectively, “User Content”) shall be deemed, and shall remain, the property of Trion and/or its third party providers from the moment of creation. Accordingly, you hereby grant Trion a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User content.
If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that (i) the material is a file of yours that will not violate any right of or require any compensation to any person or entity, (ii) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and (iii) you are eighteen (18) years of age or older. You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against Trion and release Trion from any and all liability arising from or related to the submission and Trion’s or any third party’s use or transmission of such content.
All contents, games and other information offered on or through the Site are subject to copyright and trademark protections, as detailed in our Legal Notice.
NOTWITHSTANDING 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 THE TRION PLATFORM OR SERVERS, 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 TRION. Trion does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.
Trion owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in a Game or through the Service. 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 or stored on the Service. Trion 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. You acknowledge and agree that all virtual items represent a limited license right governed by the terms of the Agreements and are not redeemable for any sum of money or monetary value from Trion at any time.
TRION MAY SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Trion for any type of abuse, including without limitation a violation of these Terms of Use, will not be reactivated for any reason. 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 any applicable Game EULA.
Our general Privacy Policy provides additional terms and conditions related to our potential use, collection and disclosure of your personal information. You agree that you have reviewed, agree to and understand our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide may be sent to the United States. By using the Site, a Game or the Service, you consent to your data being sent to the United States and such other third parties and jurisdictions as may be involved in the provision and operation of the Site, a Game or the Service, as applicable.
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) or twelve (12) years old, in the United States or Europe respectively. Trion does not intentionally collect personal information from children of such age.
Trion does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Trion’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Trion, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Trion 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 termination and deletion of the Account. Trion reserves the right to modify this Code of Conduct at any time.
Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you choose a character name, create a guild, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Trion finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
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. Utilizing any name option to harass or disrupt another individual, group or guild will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
Communicating on the Site, in a Game or through the Service with other users and Trion representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.
You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not Trion, are entirely responsible for all content that you transmit. Under no circumstances will Trion or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.
When engaging in Chat, you may not:
While a Game may permit various styles of game play (including, for example, “player versus player” type combat), certain acts cannot be construed as "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
Users of the Site who have an Account may purchase Trion products and services, such as a digital download of a Game, on the Site or via other online purchase mechanisms as Trion may offer (the “Store”). Items offered through the Store are for personal use only. We reserve the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, we will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from Trion in electronic form, and you acknowledge that you will only be entitled to receive notices or records from Trion in paper form by contacting us directly and making such request.
Trion’s commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to our Servers at any particular time.
A. Pre-Purchase
From time to time, Trion may sell digital versions of certain Game(s), products or services through the Store prior to their actual commercial release date. The purchase of such Game(s), products and services are subject to the terms of each such offer as detailed in the applicable product description on the Store. If you purchase a digital product through the Store (such as a Game), you will (i) receive an e-mail verification of receipt of your purchase; (ii) be granted any related entitlements on your Account (such as bonus items, beta or early access, and/or a Game); (iii) be entitled to access such Game, product or service upon its commercial release; and (iv) not receive any physical product from Trion. Any game time entitlements (such as thirty (30) days game time included with purchase of a Game by a new Game Account) shall commence upon your initial log in to your Account following such Game’s commercial release.
Please keep in mind that all release dates are estimates only and are subject to change.
B. Purchases
If you have elected to purchase any Game, product and/or service (including any subscription service) through Trion’s commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees incurred by you or anyone using an Account registered to you. You agree to notify Trion promptly of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to notify Trion promptly if your credit card expires or is canceled for any reason. After the submission of your order, you will receive an e-mail receipt from Trion providing details of your purchase. Please print a copy of such e-mail for your records.
If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.
You may purchase or redeem game time cards which provide you with pre-paid access to Trion’s Game(s) (each sold separately) for a specified subscription period (each a “Game Card”). If we make a Game Card available and you use a Game Card to pay for subscription services (for a Game for which you have a Game Client) through the Store, the Game Card shall enable your subscription service for the period stated on the Game Card and, thereafter, you will either need to provide an additional payment method accepted by Trion or purchase another Game Card for subsequent subscription periods, or your subscription will be terminated.
Trion may revise the pricing for the goods and services offered, including without limitation subscription plans for any Game, at any time.
All charges made to your credit card or debits to your account can be viewed by you under the Transaction History section of Trion’s customer Account Management site.
C. Recurring Fees
Some Games, content, products and/or services offered on or through the Site or the Service may be offered to you on a fee basis. If you have purchased a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If you elect to purchase or subscribe to such products and/or services, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) that payments will be processed automatically (e.g. charged to your credit card or debited from your account), unless and until you affirmatively cancel the subscription and/or your Account in accordance with its applicable terms. If we are unable to process your credit card or debit your account at a renewal period, your subscription may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. In the event you cancel your subscription service, Trion will not refund any fees already paid or owed by you.
D. Refund Policy
ALL SUBSCRIPTION FEES (INCLUDING ANY GAME CARD REDEEMED FOR SUBSCRIPTION SERVICES) ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU AGREE THAT TRION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID TIME WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for purchases of virtual goods or items that are downloadable. Downloaded products or account keys purchased to activate or unlock downloaded software (including any Game(s)) are non-refundable at any time.
E. Customer Service
Users may contact Trion’s Customer Service team by e-mail by completing the applicable form found at Trion’s Customer Help site. Additional support information is available Monday through Sunday, 8:00 A.M. to 5:00 P.M. (Pacific Time) via telephone for your region as designated on our Customer Help site.
The Site and the Service, including any Chat features, may provide, and users may include in messages, links to other web sites or resources. Trion and its third party providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Trion and its third party providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
Trion is pleased to hear from its customers and welcomes your comments regarding its Game(s), Site and Service. Unfortunately, however, Trion’s corporate policy does not permit it to consider or accept creative ideas, suggestions or materials other than those which it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Trion’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you not send us any original creative materials, including game ideas or original artwork.
Trion hereby grants to each subscriber (in good standing) of a Game, such grant to be revoked automatically as of the moment that the subscriber’s account is no longer in good standing, a limited, personal, non-exclusive, non-transferable, non-assignable and fully-revocable license to use (a) the relevant Game title, and (b) trademarks and copyrighted material from the applicable Game, including names and images of non-player characters (NPCs), deities, monsters, geographical locations, items characters, and background art or screenshots containing any of the foregoing, solely to be used for material (for example, so-called “fan fiction” or “fan artwork”) that such subscriber posts to the Site and/or transmits through Chat features in accordance with this Agreement and for no other use.
Solely in connection with your website or web pages dedicated to the Game(s) that Trion develops, publishes and/or distributes (each a “Fansite”) and subject to compliance with these Terms, we grant you, on a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable basis, permission to reproduce and redistribute certain Game-related assets or content that Trion may expressly designate “for fansite use” (“Fansite Content”) on your Fansite. You shall not rent, lease, reproduce, modify or create derivative works of or in any way exploit the Fansite Content, except as expressly permitted herein. If you intend to charge a subscription or access fee for your Fansite, we require you to execute a simple license agreement with us; the limited permission granted here does not cover such circumstances. Fansites which quote from the Site or a Game are requested to limit the quote to a paragraph or less and provide a link back to the Site for the full article or message, rather than reproducing the content in its entirety; permission to link from the Fansite to the Site is granted in such circumstances. You agree to include Trion’s trademark, copyright or other proprietary rights notices as provided on the fansite page for the Game referenced, when displaying Fansite Content. You shall not alter or remove any identifying information or copyright management information conveyed in connection with copies of Fansite Content nor challenge Trion’s (or its licensors’) ownership of the Fansite Content nor use or adopt any trademarks that might be confusingly similar to the Trion trademarks, or otherwise infringe Trion’s (or its licensors’) intellectual property rights in the Fansite Content in any way. Your ownership in the Fansite excludes the Fansite Content and excludes any derivative works based on the Fansite Content. The Fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code. Trion reserves all rights, title and interest in and to the Fansite Content which are not expressly granted herein, including the right in its sole discretion to expressly refuse this permission to any particular Fansite or to revoke this permission at any time. Under no circumstances will Trion be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission.
We respect the intellectual property rights of others and request that visitors to the Site and players of our Game(s) do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (the “Statute”), Trion has adopted and implemented a policy respecting the copyright law which provides for the termination in appropriate circumstances of users of a Game, the Site or the Service who are found to be engaging in any infringing activity. Trion may terminate access for content providers or Chat participants who are found repeatedly to provide or post protected content without necessary rights and permissions.
If you believe that your work has been copied and is accessible on the Site or in a Game in a manner which constitutes copyright infringement, you may notify us by providing our copyright agent (specified below) with the following information, in writing, in the form required by the Statute:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
C. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
E. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
F. A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Address of Designated Agent to which Notifications of Claimed Infringement should be sent:
Trion Worlds, Inc.
This e-mail address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in the Statute. It is not intended for general inquiries and permission requests concerning the use of Trion content.
Trion reserves the right, at its sole and absolute discretion, to change, modify, add to, disable, supplement, suspend, remove or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Site, any Game or the Service, hours of availability, content, data, feature, gameplay, item (including in a manner which makes virtual goods substantially more, or less, valuable, effective, functional, common or available), service, server software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Site, the Service or a Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Trion may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, Trion reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not Trion shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, deleting the Game Client and affirmatively cancelling all accounts, features or services to which you are subscribed. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). Trion may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game and/or the Site, effective immediately, with or without notice, in the event of any conduct by you which Trion, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 18-24 shall survive any termination of this Agreement.
THE SITE, EACH GAME AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRION DOES NOT WARRANT THAT THE SITE, A GAME OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME (INCLUDING A GAME CLIENT) OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TRION IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, GAME(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, GAME(S) OR SERVICE. IN NO EVENT SHALL TRION, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “TRION PARTIES”) 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 SITE, A GAME OR THE SERVICE.
TRION DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED TRION EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE TRION PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER TRION NOR ANY TRION THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, A GAME OR THE SERVICE AND NEITHER TRION NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRION IS TO STOP USING THE SITE, GAME(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall Trion's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Trion during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Trion and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRION, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, A GAME AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
Trion shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Trion, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Trion's reasonable 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.
You hereby acknowledge and agree that:
A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES (INCLUDING MAC ADDRESS, SYSTEM OR CONFIGURATION FILES, CRASH DATA, ETC.) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH A GAME. 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 11. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, TRION MAY (I) COMMUNICATE INFORMATION BACK TO TRION, INCLUDING WITHOUT LIMITATION THE ACCOUNT INFORMATION, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (II) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY TRION AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
B. WHEN THE GAME IS RUNNING, TRION 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 TRION AGREEMENT.
C. Trion 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: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Trion believes that doing so may protect your safety or the safety of others.
D. TRION 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 Trion is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk and with no expectation of privacy.
E. 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.
F. In the event that Trion sponsors, and you are an eligible participant and winner of, any contest or sweepstakes, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Trion. Trion and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
In the event that you breach this Agreement, you hereby agree that Trion would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Trion 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 Trion 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 24, 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.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Trion 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. Trion will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Trion Worlds, Inc., 1200 Bridge Parkway, Redwood City, California 94065, Attention: Legal Department.
B. Binding Arbitration. If you and Trion are unable to resolve a Dispute through informal negotiations, either you or Trion 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 that 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, Trion 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 Trion 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.
C. Restrictions. You and Trion agree that any arbitration shall be limited to the Dispute between Trion and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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.
D. Exceptions to Informal Negotiations and Arbitration. You and Trion agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Trion’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. The Site is controlled and operated by Trion from its offices within the State of California, United States of America. Trion makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 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 San Francisco, 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 San Francisco, State of California, United States of America, and you and Trion agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as expressly stated 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 California, 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, Latin America, Mexico, South America, the Caribbean, Australia 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 Trion 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, Latin America, Mexico, South America, the Caribbean, Australia 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.
G. Severability. You and Trion agree that if any portion of Section 24 is found illegal or unenforceable (except any portion of 24(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 24(d) is found to be illegal or unenforceable then neither you nor Trion will elect to arbitrate any Dispute falling within that portion of Section 24(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Trion agree to submit to the personal jurisdiction of that court.
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
Software from the Site, Game and/or Service is further subject to United States export controls. No software from the Site, Game and/or Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Site, Game and/or Service, you represent and warrant that you are not located in, under the control or, or a national or resident of any such country or on any such list.
Please note the certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you are anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, immediately discontinue use of the video game and consult your doctor. Please also note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired, taking ten (10) to fifteen (15) minute breaks every hour, sitting a reasonable distance from the screen and playing the game in a well-lit environment.
Trion may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. 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 provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Trion concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Trion; provided, however that this Agreement is in addition to, and does not replace or supplant, any applicable Game EULA or Trion’s Privacy Policy. 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.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SITE, A GAME AND/OR THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
Terms of Use © 2012 Trion Worlds, Inc.
All Rights Reserved.
