CLAN WARS TERMS OF SERVICE
Last Updated: 26 February, 2009.
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Resistor Productions, LLC (“Resistor” or “we”) provide a hosted multiplayer online roleplaying game, called Clan Wars, via our website clan-wars.org (the “Site”) which is accessed and played via your internet browser, and services associated therewith (collectively “Clan Wars”). Please read the following terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Site and Clan Wars and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Clan Wars (“Content”), and constitute a binding legal agreement between you and Resistor.
The Site and Clan Wars includes Content including language, images and themes of an adult, sexual or controversial nature. If you do not want to see Content of this nature, please do not access or use the Site or play Clan Wars.
Certain areas of the Site (and your access to or use of certain Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Clan Wars or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Clan Wars or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING OR USING THE SITE OR CLAN WARS OR BY ACCESSING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH YOUR PLAYING OF CLAN WARS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A CLAN WARS PLAYER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, CLAN WARS OR CONTENT.
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Modification
Resistor reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Content or Clan Wars or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the page. By continuing to access or use the Site, Content or Clan Wars after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Content and Clan Wars.
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Eligibility and Account Registration
The Site, Content and Clan Wars are intended solely for persons who are 18 or older. Any access to or use of the Site, Content or Clan Wars by anyone under 18 is expressly prohibited. By accessing or using the Site, Content or Clan Wars you represent and warrant that you are 18 or older.
In order to access certain features of the Site, to play Clan Wars and to post any Content on the Site or through Clan Wars, you must register to create an account (“Account”) and become a “Clan Wars Player”. During the registration process, you will be required to provide certain information and you will establish a username, screen name and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Resistor reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You acknowledge and agree that you have no proprietary interest in the Account, and that all rights in and to the Account are owned by and inure to the benefit of Resistor. If you are not a Clan Wars Player you may browse all areas of the Site other than those limited to Clan Wars Players.
When you choose your screen name, you must abide by these Terms, in addition to the rules of common decency. You may not use, as your screen name, any name that (i) belongs to another person, with an intent to impersonate that person, (ii) belongs to a celebrity, popular culture figure or media personality, (iii) belongs to a religious figure, symbol or deity, (iv) contains or is substantially similar to a trademark or service mark, (v) relates to an illegal activity, (vi) is comprised of a partial or complete sentence (e.g. Iloveyou; offthewall) or is comprised of gibberish (e.g. asdsad^%$^%), or (vii) is offensive, defamatory or otherwise objectionable.
Resistor offers a “Free Account” (with no associated fees) and a “Premium Account”, for which fees are charged on a monthly basis by Resistor. A description of the features associated with these account levels is available at http://clan-wars.org/join. You may change your account level at any time by clicking on the "account" link from any page that contains this link. When you register for a Premium Account, you will be required to provide customary billing information such as credit card information and billing address. You agree to pay the applicable subscription fee monthly in advance together with any taxes and other fees that may accrue in relation to your use of the Site, Clan Wars and Content, if any. If you cancel your Premium Account, you must do so at least 14 days before the end of the then current month to avoid payment of Premium Account fees for the following month. All fees and applicable taxes, if any, are payable in United States dollars. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Resistor of any unauthorized use of your Account.
You may not purchase, sell, gift or trade any Account, or offer to do same and any such attempt will be null and void. You agree that you have no right or title in or to any Content (excluding your User Content), including without limitation, any virtual property, goods or currency appearing or originating in Clan Wars, or any other attributes associated with your Account and you are not permitted to purchase, sell, gift or transfer any such virtual property, goods or currency outside of Clan Wars e.g. in the "real world" for "real" money, or for items of value outside of Clan Wars.
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Privacy
See Resistor’s Privacy Policy at http://clan-wars.org/privacy_policy.html for information and notices concerning Resistor’s collection and use of your personal information.
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Ownership
The Site, Clan Wars and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Resistor and its licensors exclusively own all right, title and interest in and to the Site, Clan Wars and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Clan Wars or Content.
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Content License
Subject to your compliance with the terms and conditions of these Terms, Resistor grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal entertainment and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Clan Wars or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Resistor or its licensors, except for the licenses and rights expressly granted in these Terms.
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User Content
Clan Wars Players may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Clan Wars (“User Content”). By making available any User Content through the Site and Clan Wars, you hereby grant to Resistor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and Clan Wars. Resistor does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Clan Wars. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Clan Wars or you have all rights, licenses, consents and releases that are necessary to grant to Resistor the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Resistor’s use of the User Content (or any portion thereof) on, through or by means of the Site and Clan Wars will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Clan Wars (“Feedback”). You may submit Feedback by emailing us at <email address>. You acknowledge and agree that all Feedback will be the sole and exclusive property of Resistor and you hereby irrevocably assign to Resistor and agree to irrevocably assign to Resistor all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Resistor’s request and expense, you will execute documents and take such further acts as Resistor may reasonably request to assist Resistor to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
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General Prohibitions
You agree not to do any of the following while using the Site, Clan Wars or Content:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Resistor’s name, any Resistor trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Resistor’s express written consent;
Access, tamper with, or use non-public areas of the Site, Resistor’s computer systems, or the technical delivery systems of Resistor’s providers;
Attempt to probe, scan, or test the vulnerability of any Resistor system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Resistor or any of Resistor’s providers or any other third party (including another user) to protect the Site, Clan Wars or Content;
Attempt to access or search the Site, Clan Wars or Content or download Content from the Site or Clan Wars through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Resistor or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Resistor trademark, logo URL or product name without Resistor’s express written consent;
Use the Site, Clan Wars or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Clan Wars or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Clan Wars or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Clan Wars from other users of the Site or Clan Wars without their express permission;
Disrupt or assist in the disruption of (i) any computer used to support the Site, Clan Wars or Content or (ii) the user experience of any other Clan Wars Player;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Resistor will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Resistor may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Resistor has no obligation to monitor your access to or use of the Site, Clan Wars or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Clan Wars, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Resistor reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Content or to suspend or terminate an Account for any reason, including when Resistor, in its sole discretion, considers a Clan Wars Player or Site user to be in violation of these Terms or otherwise harmful to the Site or Clan Wars.
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Copyright Policy
Resistor respects copyright law and expects its users to do the same. Resistor has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Resistor’s Copyright Policy at http://clan-wars.org/copyright_policy.html, for further information.
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Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Resistor is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Resistor of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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Termination and Account Cancellation
If you breach any of these Terms, Resistor will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Resistor reserves the right to revoke your access to and use of the Site, Clan Wars and Content at any time, with or without cause. In the event Resistor terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@resistorproductions.com.
The following provisions will survive termination of this Agreement: Ownership, User Content. Feedback, General Prohibitions, Copyright Policy, Disclaimers, Indemnity, Limitation of Liability, Proprietary Rights Notices, Controlling Law and Jurisdiction, Entire Agreement, Assignment and General.
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Disclaimers
THE SITE, CLAN WARS AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RESISTOR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
RESISTOR MAKES NO WARRANTY THAT THE SITE, CLAN WARS OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RESISTOR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR CLAN WARS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR CLAN WARS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RESISTOR OR THROUGH THE SITE, CLAN WARS OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold Resistor, its officers, directors, employees and agents harmless, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Clan Wars or Content, or your violation of these Terms.
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Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, CLAN WARS AND CONTENT REMAINS WITH YOU. NEITHER RESISTOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CLAN WARS OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, CLAN WARS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESISTOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT RESISTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, CLAN WARS PLAYERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RESISTOR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT OR USER CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH CLAN WARS.
IN NO EVENT WILL RESISTOR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, CLAN WARS OR CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RESISTOR AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Resistor used herein are trademarks or registered trademarks of Resistor. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
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Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Resistor and you regarding the Site, Clan Wars and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Resistor and you regarding the Site, Clan Wars and Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Resistor’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Resistor may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the Site, Content or Clan Wars. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by Resistor via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Resistor to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Resistor. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Resistor
If you have any questions about these Terms, please contact Resistor at support@resistorproductions.com.