Project: Gorgon Terms of Service Agreement
Elder Game, LLC Terms of Service Agreement Version 1.0 Released 03/08/2018.
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ELDER GAME, at times, may elect to raise funds for PRODUCTS outside standard purchasing avenues. You, the Contributor, may select one or more pledges and pay the indicated amount(s) in accordance with the following agreement between ELDER GAME and you, the Contributor. Any contribution shall be made as a non-refundable donation rather than a standard purchase. Once a donation is made, it is final and will not be refundable under any circumstance. Standard sales and Contributor donations are non-refundable and all sales are final.
Purchasing ELDER GAME related accounts, game keys, virtual items or services from unauthorized third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the ELDER GAME TERMS, you agree you are not entitled to a refund and agree not to seek one.
ELDER GAME may, at its sole discretion, modify or revise these TERMS OF SERVICE and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY YOU MUST IMMEDIATELY CEASE USE OF ELDER GAME PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY, YOU ARE NOT ABLE TO ACCESS THE ELDER GAME PRODUCTS (OR ANY PART THEREOF).
I. SECTION ONE: Limited Use License
Subject to the TERMS OF SERVICE and continuing compliance with the ELDER GAME TERMS, ELDER GAME hereby grants to you a limited, personal, non-exclusive, nontransferable, non-assignable, and fully revocable license to (a) install the GAME CLIENT on one or more computers owned by you or under your legitimate control, and (b) use the GAME CLIENT in conjunction with the online service and ELDER GAME provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the GAME CLIENT, access ELDER GAME provided content, and to play the GAME. The license is revocable at our sole discretion.
You agree that you will not, under any circumstances:
· In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the GAME MATERIAL; provided, however, that you may make copies of the GAME CLIENT and MANUAL for personal purposes only;
· Exploit the GAME or any of its parts, including without limitation the GAME CLIENT, for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game virtual items or resources for sale outside the GAME; or (C) perform in-game services in exchange for payment outside the GAME, e.g., power-leveling;
· Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the GAME of the WEBPAGES, including without limitation any software that reads areas of RAM used by the GAME to store information about a character or the game environment; provided however, that ELDER GAME may, at its sole and absolute discretion, allow the use of certain third-party modifications;
· Modify or cause to be modified any files that are part of the GAME CLIENT in any way not expressly authorized by ELDER GAME;
· Intercept, emulate or redirect the communication protocols used by ELDER GAME in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
· Facilitate, create or maintain any unauthorized connection to the GAME or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the GAME or WEBPAGES; and (b) any connection using programs or tools not expressly approved by ELDER GAME;
· Sell, grant a security interest in or transfer reproductions6 of the GAME to other parties in any way not expressly authorized herein, or rent, lease or license the GAME to others.
· Access the GAME using more than one accounts simultaneously, e.g., multi-boxing.
II. SECTION TWO: ELDER GAME Ownership
“CONTENT” as used herein includes (a) software, software updates or patches, or other utilities and tools from ELDER GAME or its licensors (“ELDER GAME SOFTWARE”) and (b) other software, technology, text and audiovisual material, the design and appearance of the WEBPAGES. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, player character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation, Content is provided by ELDER GAME and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of ELDER GAME PRODUCTS.
CONTENT on ELDER GAME PRODUCTS are owned by ELDER GAME or ELDER GAME’S third-party licensors and is protected by the US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any CONTENT from ELDER GAME PRODUCTS unless the ELDER GAME TERMS expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to CONTENT. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of CONTENT. ELDER GAME reserves all rights in ELDER GAME owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that ELDER GAME and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the GAME and that you do not acquire any of those ownership rights by downloading copyrighted materials.
ELDER GAME reserves the right to use owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.
Making unauthorized copies of CONTENT found on ELDER GAME PRODUCTS may result in the termination of your Account(s), the prohibition of the use of ELDER GAME PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless ELDER GAME from any unauthorized or illegal conduct by you, or through the use of your Account, on ELDER GAME PRODUCTS.
III. SECTION THREE: Patches and Updates
IMPORTANT: ELDER GAME MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ELDER GAME PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ELDER GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. SECTION FOUR: Duration of Online Services
This GAME is an online game that must be played over the internet through the launcher as provided by ELDER GAME. You understand and agree that the GAME is provided by ELDER GAME and at its discretion may be terminated or otherwise discontinued by ELDER GAME pursuant to the TERMS OF SERVICE.
V. SECTION FIVE: Consent to Monitor
You agree that you are responsible for the content of all communications associated with your account. In the event of unacceptable content within such communications, you understand that ELDER GAME may exercise its rights to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasons that can be cause for content moderation or further action. You understand that the application of ELDER GAME’S right to take action against these communications is at the discretion of ELDER GAME management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewed by ELDER GAME management.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the GAME, and any ELDER GAME Service or ELDER GAME SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit ELDER GAME to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your GAME experience, improve and maintain the Game and/or provide you with customer service. In the event that the GAME detects an unauthorized third party program, (a) the GAME may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.
VI. SECTION SIX: Disclaimers & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBPAGES, OR ANY OTHER ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, ELDER GAME'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ELDER GAME PROVIDES ELDER GAME PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ELDER GAME PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ELDER GAME WILL HAVE ADEQUATE CAPACITY FOR ELDER GAME PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ELDER GAME OR ITS LICENSORS IS TO STOP USING ELDER GAME PRODUCTS, AND TO CANCEL YOUR ELDER GAME ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ELDER GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ELDER GAME PRODUCTS OR USE OF ELDER GAME SOFTWARE. IN NO CASE SHALL ELDER GAME OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ELDER GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ELDER GAME FOR ELDER GAME PRODUCTS. IN NO CASE SHALL ELDER GAME OR ELDER GAME AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ELDER GAME PRODUCTS OR ACCOUNTS. 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, ELDER GAME'S AND ELDER GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ELDER GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ELDER GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon ELDER GAME’S request, you agree to defend, indemnify and hold harmless ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other ELDER GAME Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through ELDER GAME PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold ELDER GAME harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of ELDER GAME PRODUCTS and for all of your communication and activity on ELDER GAME PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless ELDER GAME, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ELDER GAME PRODUCTS, including any User Content that you contribute.
ELDER GAME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ELDER GAME in that matter.
VII. SECTION SEVEN: Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that ELDER GAME would suffer irreparable harm if this TERMS OF SERVICE or any of the ELDER GAME Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ELDER GAME shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this TERMS OF SERVICE or any other ELDER GAME Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this TERMS OF SERVICE or the ELDER GAME TERMS and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS OF SERVICE or any other ELDER GAME TERMS ("Dispute"), you and ELDER GAME agree to first attempt to negotiate any DISPUTE (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ELDER GAME will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to ELDER GAME, 304 S. Jones Blvd #3287, Las Vegas NV 89107 Attn: DISPUTE RESOLUTION with a copy via email to support(at)projectgorgon.com.
C. Binding Arbitration
If you and ELDER GAME are unable to resolve a DISPUTE through informal negotiations, either you or ELDER GAME 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 AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You understand and hereby agree that you hereby waive the right to participate in class action proceedings against ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a DISPUTE is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ELDER GAME 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 TERMS OF SERVICE, you and ELDER GAME 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.
D. Restrictions on Dispute Proceedings
You and ELDER GAME agree that any arbitration shall be limited to the DISPUTE between ELDER GAME and you individually. To the fullest 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. You agree that maximum compensation of a lawsuit, mediation, or arbitration shall be limited to the purchase price of Project: Gorgon.
Any arbitration shall be initiated in the County of Orlando, State of Florida, United States of America. Any DISPUTE not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Orlando, State of Florida, United States of America, and you and ELDER GAME agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
VIII. SECTION EIGHT: Termination
This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and ELDER GAME may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by ELDER GAME will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the GAME, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying ELDER GAME at support(at)projectgorgon.com. Upon termination of this Agreement, your right to use the ELDER GAME PRODUCTS shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections VI., VII., and VIII.
IX. SECTION NINE: General Terms
B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ELDER GAME, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of ELDER GAME to exercise or enforce any right or provision of this TERMS OF SERVICE or any Elder Game Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by ELDER GAME.
D. Force Majeure. ELDER GAME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elder Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ELDER GAME’S control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern this TERMS OF SERVICE, any other ELDER GAME TERMS, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with ELDER GAME or relating in any way to this TERMS OF SERVICE, any other ELDER GAME TERMS, your Account(s), or your use of any ELDER GAME PRODUCTS resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving ELDER GAME or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the TERMS OF SERVICE your conduct may also be subject to other local, state, national, and international laws.