I want a link to this ninja cat...stop holding out. Lol
Wait and see young cricket, wait and see.Quote:
Originally Posted by Cuchilo
Dear Shadowhand,
I have notified 3 wing chun martial arts schools, 2 authors and a pc game development company that you are using their name as your forum handle. Let's hope YOU have written permission. As to your guild name, working on it...
Excuse me if I do not beleive you. You got proof you did or is that merely what is...a bluff that fell flat on its face.
C
Making veiled threats are both rude and unneeded to a discussion. Not being helpful to anyone. Please refrain from sliding down a road of hate, you will feel better about yourself when you do.
It depends on the IP rights. If the item was released to the public domain no reference is required unless specified in the original. Web links never need a reference as the link itself takes you to the original source.
Some formats have an implied consent. For example in forums with a reply function it is consistant with the forum rules that the poster consented to in the forum guidelines to requote him in the forum, but not to take his quote and reuse it outside the forums.
Quoting part of material you don't have rights to is generally ok under fair use rules as long as you reference it back and don't use the article in its entirety or attempt to profit from it.
That's the kindergarden version of the rules of course, there are catches and exceptions and details
Last edited by Lorien_the_First_One; 07-30-2009 at 09:02 PM.
It was a theoretical example. Sorry, I have no link to give.Originally Posted by ShadowHand2
Server - Thelanis
http://www.ddo.com/ddosupport/policy-center
http://www.ddo.com/component/content...ode-of-conduct
http://www.turbine.com/news/58
http://www.turbine.com/news/56
http://www.ddo.com/component/content...agreement-eula
The Code of Conduct (COC) that governs player behavior while playing Dungeons & Dragons® Online and participating on the Dungeons & Dragons Online Website.
The Code of Conduct is designed to make everyone’s game experience as enjoyable as possible. Failure to follow the Code of Conduct may result in the suspension or termination of your Dungeons & Dragons Online account without refund.
1.While participating in Dungeons & Dragons Online, you must respect the rights of others to play and enjoy the game world as intended by Turbine, Inc.
2.You may not communicate any player’s real-world information through the use of the official game Web portal, game client or any other means.
3.You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions). You may not distribute or spotlight sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive content.
4.While playing the game or participating in the Dungeons & Dragons Online service, you may not exhibit or partake in generally disruptive behavior causing grief or alarm to other players or degrade the Dungeons & Dragons Online service performance or other players’ client software (for example, deliberately using game bugs or loopholes to disrupt the game).
5.You may not spam or flood with multiple posts the game chat or the official Web features.
6.You may not impersonate any Dungeons & Dragons Online Support Staff member or other Turbine, Inc. employee, past or present.
7.You may not violate any local, state, national, or international laws or regulations.
8.You may not market, promote, advertise, or solicit within the Dungeons & Dragons Online game or Web.
9.You may not modify the game client, server or any part of the official Dungeons & Dragons Online Web.
10.You may not advertise the intent to, or commit the act of, unauthorized selling, buying, transferring or sharing access to any Dungeons & Dragons Online game account.
11.You may not advertise the intent to, or commit the act of, unauthorized selling or buying of game items for real-world monetary values.
12.While participating in the Dungeons & Dragons Online service, both in-game and through the official Web, you will follow the instructions of authorized personnel at all times.
13.You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, racist or sexist philosophies.
14.You may not intentionally hide or falsify personal information that is deemed necessary for Dungeons & Dragons Online account creation.
15.You may not upload or transmit copyrighted material to any aspect of the Dungeons & Dragons Online service without the express consent of the copyright holder.
16.You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Dungeons & Dragons Online service.
17.You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage within the Dungeons & Dragons Online game world. Bugs should be reported via the Ingame Bug Reporting Form.
18.You may not create, post or distribute any u til ities, emulators or other third party software tools without the express written permission of Turbine.
19.You may not harass other players or Turbine staff, including by way of example, but not limited to, threats, stalking or abuse of others.
20.You may not post Web links or URLs in the game that point to content deemed by Turbine to be inappropriate, including, without limitation, any Web links or URLs directed to other commercial products or services. You may not post Web links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players’ computers or would allow others to inappropriately access software or websites. Turbine does not allow the posting of destructive software, use of computer programs that contain destructive features, or access to any content such as viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication.
21.You may not use the Dungeons & Dragons Online game and/or services for illegal activities. Turbine is not responsible for anything you say in-game or on our chat rooms or forums, or for any consequences that arise from what you say. If you break the law, you alone will be responsible for the consequences.
Note: Turbine has final say over what constitutes a violation of this Code of Conduct. Turbine reserves the right to change the Code of Conduct at any time. Check the Dungeons & Dragons Online website (ddo.com) periodically for updates to the Code of Conduct.
Remedies to inappropriate behavior:
•A player who violates the Code of Conduct may be warned by Turbine staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning. In addition, Turbine reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations.
All chat in the Dungeons & Dragons Online site is logged and may be reviewed at any time to assist in making decisions regarding violations of the Code of Conduct. This includes, but is not limited to, private chat, fellowship chat and allegiance chat.
DDO Character Naming Policy
The following are examples of character names and guild names that are NOT appropriate for Dungeons & Dragons Online. Some names that do not fall within one of the examples below may still be inappropriate. Dungeons & Dragons Online Support has final say over what constitutes a violation of the character naming policy.
•Proper names and places or close facsimiles thereof, from the story characters or non-player characters (NPCs) introduced in the fiction of Dungeons & Dragons Online.
•Fantasy or non-fantasy names from popular culture or media.
•Sexually explicit, defamatory, obscene, racially or ethnically offensive names or slang.
•Names of historical or religious significance.
•Trademarked names of products, goods, materials or services.
•Common names, slang or references to drug related substances, culture or paraphernalia.
•Names containing ranks, titles or denotation of power.
•Names causing harm, mockery or imitation of Dungeons & Dragons Online players, NPCs in addition to Turbine, Inc. employees, past or present.
•Common names, slang words, phrases or references not consistent with the Dungeons & Dragons universe.
•Misspelled variations or homonyms of any of the above rules.
Policy Enforcement
If we find, in our sole discretion, that your character or guild is in violation of the character naming policy, Dungeons & Dragons Online Game Masters may take any or all of the following steps:
•Contact you In-Game to discuss your character/guild name.
•Automatically change your character/guild name.
•Automatically suspend or terminate your/the guild leader’s account without refund.
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Turbine, Inc.
Privacy Policy
Last updated: April 24, 2007
YOUR USE OF THE TURBINE SITES AND SERVICES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
This Web site is operated by, and information collected from this site is collected by, Turbine, Inc. ("Turbine," the "Company" or "we").
Turbine respects the privacy of its online visitors and users of its products and services. Turbine recognizes the importance of protecting certain information collected from users and has adopted this Privacy Policy that guides how Turbine gathers, stores, and uses information provided from users through the Turbine Sites and Services as described below.
This policy is current as of its last revision date indicated above. However, please note that this policy may be amended from time to time to reflect changes and additions to the Privacy Policy. Please check back for the most current version before relying on any of the provisions in this Privacy Policy.
This Privacy Policy applies to http://www.turbine.com/, http://www.ddo.com/, http://www.lotro.com/, http://ac.turbine.com, http://beta.turbine.com, http://myaccount.turbine.com and all other web sites owned, operated, licensed or controlled by Turbine (including the related online products and services, the "Turbine Sites and Services"), unless such sites contain or link to a separate Privacy Policy.
Collection and Use of Information
By using the Turbine Sites and Services, users agree that Turbine may share with other parties aggregate information and non-identifiable information gathered by Turbine in the course of your use of the Turbine Sites and Services. "Aggregate information" is information that describes the habits, usage patterns, and demographics of users as a group but does not describe or reveal the identity of any particular user. "Non-identifiable information" is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies contact and/or billing information for any user, or enables the recipient to communicate directly with any user unless agreed to by the user in advance of such communication. Aggregate information and/or non-identifiable information may be used by Turbine for any purpose, including, without limitation, to improve the Turbine Sites and Services, for internal marketing studies, or simply to collect demographic information about Turbine's users.
Turbine may use contact information provided by users to send information about (i) Turbine and the Turbine Sites and Services for which you subscribed or otherwise used or accessed, including, without limitation, news about product updates, contests, events, and other promotional materials, and (ii) only if the users agree to receive such communications, for unrelated products or services. "Personally identifiable information" is information that permits a recipient to identify you as an individual, such as your name, mailing address, phone number, email address, and credit card information. While Turbine collects personally identifiable information on a voluntary basis for the use of the Turbine Sites and Services, Turbine's collection of personally identifiable information may be a requirement for access to certain parts of the Turbine Sites or Services. We may collect personally identifiable information from you from a variety of ways, including when you (a) make an online purchase from the Turbine Sites, (b) register to become a member or user of the Turbine Sites and Services, (c) voluntarily provide it when you use the Turbine Site and Services, (d) disclose it in a public area of the Turbine Site and Services, or (e) provide it when you communicate with us.
If you make an online purchase or register to become a member or user of the Turbine Sites and Services, we may use the personally identifiable information that you provide in connection with such purchase for shipping and billing purposes, to administer and manage your account, or provide promotional updates regarding such Turbine Sites and Services as contemplated above. In addition, we may send out periodic e-mails informing you of technical or security issues related to the Turbine Sites and Services you requested, confirming you requested a product or service, or providing periodic updates or information relating to the Turbine Sites and Services you requested. For so long as you are subscribed to or otherwise using or accessing a Turbine Site or Service, you will not be able to choose to unsubscribe from these mailings, as they are considered an essential part of the product or service you have chosen.
Except in the cases described below, Turbine will not share personally identifiable information with any third-party unless the user agrees to such disclosure in advance.
Turbine may occasionally hire other companies to provide limited services on our behalf, including, without limitation, packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail, providing billing and collection services, conducting customer surveys, and processing event registration. We will only provide these companies the information reasonably required to perform the applicable service, and they will be prohibited from using that information for any other purpose. When these companies collect and/or have access to the personally identifiable information you provide, we require that they protect the confidentiality of personally identifiable information they collect or have access to in the course of their engagement by Turbine.
Also, in certain cases, your personally identifiable information may be collected directly by our authorized distributors, sublicensees or subcontractors in connection with certain products or services made available through web sites operated by such companies. In these cases, the privacy policies of such companies will apply rather than Turbine's policy. If providing the information is a requirement of usage, the user may elect to decline to use that particular product or service.
Turbine may elect to share personally identifiable information of users with certain business partners for marketing or other similar purposes but only if the users agree to share such information. In such event, such partners will be prohibited from disclosing such information or using such information except for the limited purposes for which such users agree to share such information. With respect to users of products and services relating to DUNGEONS & DRAGONS ONLINETM: StormreachTM (including, without limitation, forums and chat rooms), your personally identifiable information will be shared with Atari, Inc. or its affiliates ("Atari"). Atari's use of such information will be subject to the privacy policy of Atari found at http://www.atari.com/us/privacy and Turbine's use of such information will be subject to this Privacy Policy.
Furthermore, third-party web sites and companies with links to and from the Turbine Sites and Services may collect personally identifiable information about users. You should be aware that these third-party web sites or links may have their own information collection practices and privacy policies. We do not control the privacy policies of third parties that have web sites linked to the Turbine Sites and Services. If you click on a third-party advertisement or link, the privacy policies of the third-party web site that you link to will govern the use of your information by that web site's operator. Turbine's Privacy Policy does not extend to these external web sites and companies. Please refer directly to these companies and web sites regarding their privacy policies. We assume no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, please make sure you are aware of and comfortable with the privacy policies of any third-party web sites to which you follow a link.
Turbine may disclose your personally identifiable information or otherwise use such information to communicate with you if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend the rights or property of Turbine or its affiliated companies, licensors or licensees; (c) enforce the Terms of Service or any applicable License Agreements; or (d) protect the personal safety or interests of Turbine employees, users of Turbine products or services, or members of the public in urgent circumstances. We also may disclose your personally identifiable information to a third-party that alleges that you have infringed their intellectual property rights, subject to reasonable verification of such claims.
In the event of a merger or consolidation of Turbine, or the sale of all or substantially all of its stock or assets, or the transfer of the operation and distribution of certain products or services to a third-party, or bankruptcy of Turbine, your personally identifiable information may be transferred to Turbine's successor or assign resulting from such events.
Children Under The Age of 13
Once a child states that his/her age is under 13, we do not collect or store any personally identifiable information such as name, address, or email address. We urge parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when on-line. Teenagers under the age of 17 and over the age of 12 should encourage their parents to review this policy and to contact us if they would like to opt out of receiving communications from us or removing personally identifiable information.
Use of Cookies and Other Information Stored on a User's Machine
Cookies are bits of electronic information stored on a user's hard drive to provide information needed by the user on a regular basis. They are often used to save web site customizations and web site login information.
We use third party media management tools and services to deliver ads on our behalf across the Internet. Such third parties may also collect anonymous information about your visits the Turbine Sites and Services. This is primarily accomplished through the use of anonymous cookies, and a technology device, commonly referred to as a Web Beacon or Action Tag, which we place on various pages within the Turbine Sites and Services and other online content or in e-mails, that allow such third parties to collect anonymous information. Such third parties may use information about your visits to the Turbine Sites and Services and other websites in order to provide ads about goods and services of interest to you. If you would like more information about this practice, and your ability to opt out of third party cookies, click here.
Turbine may use clear gifs, frames, server log analysis, and other technology to customize your experience with the Turbine Sites and Services. We will handle personal information collected through the use of these technologies according to this Privacy Policy.
An IP address is a number that uniquely identifies your computer on the Internet. We may collect IP addresses for the purposes of providing our products and services, including, without limitation, system administration, troubleshooting, user compliance with our terms of service, investigating security breaches, and compiling aggregate information (such as how many visitors logged on to the Turbine Sites and Services). When you visit a particular web page on the Turbine Sites, our servers log your IP address.
Turbine stores information on a user's hard drive that is used in conjunction with online play of Turbine products. For example, some user configuration settings for multiplayer game play, including the player name input by the user, may be uploaded to the server for online play. The player name along with current game play stats is displayed to other users during multiplayer game play or the related Turbine Sites. Users should be aware that this game play information disclosed during multiplayer game play is public information. Turbine will not disclose a user's personally identifiable information associated with such game play to other users except as permitted herein.
Chat Rooms/Forums
From time to time, Turbine may provide online chat (voice or text) rooms and/or forums to users. Any information that is disclosed in these chat rooms and forums is public information and users should exercise caution when deciding to disclose personal information in such chat rooms and forums. If you voluntarily disclose information in a public area of the Turbine Sites and Services, such as a voice or text chat room or forum, that information may be collected and used by a third-party to send you unsolicited messages, advertisements or for other purposes. We do not control the actions of these third parties in public areas of the Turbine Sites and Services, so if you disclose information in a public area, you do so at your own risk. Further, any communication (voice or chat) within any online game or any other communication feature within the Turbine Sites and Services (e.g. instant message services or voice), including without limitation, communications conducted "privately" with another person, go through Turbine's servers and any such communications that you send or receive may be monitored by Turbine.
Resumes
Turbine allows for the online submission of resumes via the Turbine corporate website. Please note that the information (including personal information) collected from a resume is not subject to this Privacy Policy. The information obtained from your resume will be used for the purpose of evaluating your submission for a job with Turbine.
Choice/Opt-out
Except as otherwise provided in this Privacy Policy, Turbine provides users the opportunity to opt-out of receiving communications from Turbine when you are asked to provide information and the option of discontinuing receipt of communications from Turbine by removing your information from Turbine's databases. Instructions for discontinuing receipt of communications from Turbine will be made available with the communication or on the related Turbine Site.
Storage and Security of Information
Personally identifiable information may be stored and processed in the United States or any other country in which Turbine or its affiliates, subsidiaries or agents maintain facilities, and by using the Turbine Sites and Services, you consent to any such transfer of information outside of your country. Turbine will take reasonable steps to protect the information users share with us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.
Corrections, Updates and Removal of Information
If you are concerned about the accuracy of personally identifiable information maintained by Turbine or would like your personally identifiable information removed from Turbine's records, you may use the tools, if any, made available with the particular Turbine Site or Service to update or remove such information or you may contact us by e-mail or mail at the address set forth below. If you choose to delete your personally identifiable information, you may not be able to access some areas of the Turbine Sites or Services to which you have subscribed. For your protection, you will be required to provide proof of your identity to obtain a copy of your personally identifiable information. We will not provide a refund for any prepaid service which is inaccessible to you because of your deletion of personally identifiable information. We may still retain your information in our files, however, to resolve disputes, enforce our user agreements, and due to technical and legal requirements and constraints related to the security, integrity and operation of our web sites.
No Absolute Safeguards
Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.
Your Role in Protecting Your Privacy
Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any account ID or password you use to register, and you should always be careful and responsible whenever disclosing information online. We caution you against giving out personally identifiable information to others online or in-game, as this information may be used for illegal or harmful purposes.
Acceptance of Privacy Policy
If you use the Turbine Sites and Services, you are accepting the terms and conditions of this Privacy Policy, and we will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of the Turbine Sites and Services. We reserve the right to modify this Privacy Policy at any time. Your continued use of the Turbine Sites and Services after we either personally notify you or generally post such changes on the Turbine Sites will constitute your acceptance of those changes.
Other Agreements
In addition to this Privacy Policy, your rights and obligations concerning the Turbine Sites and Services, are governed by the applicable terms of service, end user license agreement, and code of conduct. Please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the Turbine Sites and Services.
Language
The parties hereto have requested that this Privacy Policy, and all correspondence and all documentation relating to this policy, be written in the English language. If you prefer, a French version of this Privacy Policy is located here Privacy Policy in French.
Les parties aux présentes ont exigé que la présente politique de confidentialité, de même que toute la correspondance et la documentation relative Ã* cette politique, soient rédigées en langue anglaise. Si vous le préférez, une version de cette politique de confidentialité en langue francaise est disponible â Politique de Confidentialité.
By consenting to this Privacy Policy, you confirm that your command and knowledge of English (or in some cases, French) is sufficient to understand the terms and conditions set forth herein.
Local Laws
For persons in European Union countries, as used herein, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). Turbine will not collect any personal data from you unless you provide it voluntarily by providing Turbine with your freely given specific and informed consent. By using Turbine Sites or Services, you agree that Turbine may transfer your personal information outside the European Union in connection with the purposes stated in this Privacy Policy. Your personal data may be transferred to the United States (and/or other non-EU jurisdictions, as applicable).
In certain jurisdictions in which local law may be required to apply, some of the information collected by Turbine (or its designees) may be personal information and entitle you to the right to object to its collection and to the right to access and correct the collected information pertaining to you.
Contacting Turbine
If you have any questions or comments about this Privacy Policy, please contact us by postal mail or email to:
Turbine, Inc.
PO Box 747
Westwood, MA 02090
Attn: Privacy Officer
E-mail: privacy@turbine.comThis e-mail address is being protected from spambots, you need JavaScript enabled to view it
© 2009 Turbine, Inc. All rights reserved. [ Terms of Service | Legal Info | Privacy Policy ]
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TURBINE, INC.
Terms of Service
Last updated: April 24, 2007
Acceptance of Terms
The Services that Turbine, Inc. (together with its successors and assigns, "Turbine," the "Company" or "we") provides to you via http://www.turbine.com/, http://www.ddo.com/, www.lotro.com, ac.turbine.com, beta.turbine.com, myaccount.turbine.com, and all other web sites owned, operated, licensed or controlled by Turbine (the "Turbine Sites") are subject to the following Terms of Service ("Terms of Service"), unless such sites contain or link to a separate terms of use/service. Turbine reserves the right to modify and update these Terms of Service at any time with or without notice to you. Such modifications and updates shall be effective upon your first use of the Turbine Site or Service after Turbine makes them available for your review.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Turbine Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Turbine Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services ("Accounts"). Your continued use of the applicable Turbine Site or Service after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts and/or Services. You acknowledge that Turbine is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
Turbine reserves the right to deny, in its sole discretion, any user access to the Turbine Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
Description of Services
Through the Turbine Sites, Turbine may provide you with access to a variety of games, products and services, and related resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Turbine Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Turbine shall resolve the conflict in its sole discretion.
User Account, Password and Security
If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you elect to purchase subscription-based Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by Turbine), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service and/or applicable License Agreements. You are entirely responsible for maintaining the confidentiality of your Account information (including user/account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Turbine immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Turbine). Turbine will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Turbine or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund and additional charges based on unauthorized use.
Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, Turbine reserves the right to modify and/or increase the system specifications necessary to play any online game or Services - whether free or subscription based - at any time and without prior notice.
Charges, Billing and Free Trials
General
You may have an Account without paying to participate in certain Services. However, Turbine may charge subscription or other fees to access certain Services (including certain games) and participate in related activities on the Turbine Sites. You must have an Account and pay the subscription or other fees to participate in these subscription or fee-based Services. If you must pay a subscription or other fee to access or play a Service, this information will be posted on the Turbine Site established for such Service. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Turbine reserves the right to change our fees or billing methods at any time and Turbine will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the applicable Turbine Sites and you are responsible for reviewing such information to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on the applicable Turbine Site shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Turbine will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our Services is subject to use or sales tax, then Turbine may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges. Some subscriptions renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date.
Credit Card
In some cases, it may be possible for you to use a credit, charge or debit card or prepaid subscription game card (each referred to herein as "Credit/Debit Cards") to pay for your subscription(s). When you provide Credit/Debit Card information to Turbine (or its designated licensees or subcontractors), you represent and warrant to Turbine that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees. Each month that you have an Account, you agree and reaffirm that Turbine is authorized to charge your Credit/Debit Card for the subscription fee. You agree to promptly notify Turbine of any changes to your Credit/Debit Card account number, its expiration date and/or your billing address, as applicable, and you agree to promptly notify Turbine if your Credit/Debit Card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
Trial Subscriptions
For some Services, we may offer a free trial subscription. In some cases, if you accept a free trial subscription, you may be required to provide us with payment information. In such cases, if so indicated in the relevant materials relating to your free trial subscription, we may begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telecommunications, and other connection fees that you may incur when accessing our Services, even when we offer a free trial subscription.
Fees Charged by Third-Party Sites
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Turbine. Turbine may also provide access to third-party vendors who provide content, goods and/or services on the Turbine Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Turbine makes no representation or warranty regarding any content, goods and/or services provided by any third-party even if linked from a Turbine Site or Service.
Software License
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Turbine and/or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
For any Software authorized for download or online use in connection with a Service through the Turbine Sites that is not accompanied by or otherwise already covered by a License Agreement, Turbine hereby grants to you, the user, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use only in accordance with these Terms of Service and the Service-specific terms of use/service and code of conduct, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Turbine and/or its licensors. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, TURBINE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Turbine, Inc., PO Box 747, Westwood, MA 02090.
User Content
By "Content," we mean the software, communications, images, sounds, and all the material and information perceived or made available from the Turbine Sites or Services, whether provided by Turbine or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Turbine Sites. Content standards may vary depending on where you are on the Turbine Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
Turbine representatives may monitor Content on the Turbine Sites or Services. But we cannot monitor or prescreen all of the Content on the Turbine Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Turbine does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Turbine Sites or Services. Turbine does not assume any responsibility or liability for Content that is generated by users of the Turbine Sites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Turbine Sites. Turbine does not control the quality, accuracy or content of any translated versions of the Turbine Sites or Services.
Turbine and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Turbine Site or Service. Without limiting the foregoing, Turbine and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Turbine's games and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Turbine may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that all Content, including, without limitation, all characters created and virtual items, acquired and developed as a result of game play, are the sole and exclusive property of Turbine and may be used by Turbine (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Turbine or third-party licensors (collectively, "Rights"), and/or (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Turbine all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Turbine the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content.
Downloaded Content
Turbine hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any material that you are expressly authorized to download from this Turbine Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the "Downloaded Content"); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. The Downloaded Content is provided on an AS IS basis without warranty of any kind and is subject to the disclaimers set forth below. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. Turbine reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by Turbine in any manner. You may not use Downloaded Content on sites that feature defamatory, pornographic, or inflammatory content.
Notwithstanding any provision or statement in the Turbine Sites or Services to the contrary, in the absence of a written agreement, Turbine and/or its licensors retain all right, title and interest in and to the Downloaded Content (subject to the limited license expressly provided for above or otherwise authorized by Turbine in writing).
Restrictions and Conditions of Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your Account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, software, products or services obtained from the Services, without the express written consent of Turbine. You hereby acknowledge and agree that you have no proprietary interest in any Account or game assets (including, without limitation, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services). You may not use the your Account(s) to "farm" in-game virtual items (i.e. playing the Turbine games or Services primarily for purposes of amassing an inventory of virtual items) for real-world commercial gain. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called "multiplexing" or "pooling" software or hardware). You further agree not to create or provide any means other than through the Turbine Sites by which Turbine's on-line computer game may be played by others - for example, through server emulators.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could damage, disable, overburden, or impair any Turbine server, or the network(s) connected to any Turbine server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Turbine server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Turbine has no obligation to monitor the Communication Services. However, Turbine reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Turbine reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Turbine, and such communications shall not be considered reviewed, screened or approved by Turbine. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Turbine specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized Turbine spokespersons, and their views do not necessarily reflect those of Turbine.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the Communications Services. Turbine is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Turbine reserves the right at all times to disclose any Content found on the Communications Services as Turbine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Turbine's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Turbine Sites or Services in order to:
1. Conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
4. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
6. Except as expressly authorized by Turbine, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
7. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
8. Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
9. Violate any License Agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular Service.
10. Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
11. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
12. Impersonate or create a false identity (such as a celebrity or Turbine representative) for the purpose of misleading others.
13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
14. Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
15. Improperly use in-game support or complaint buttons or make false reports to Turbine administrators.
16. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
17. Use the Turbine Sites or Services (including bulletin boards or other Communications Services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
18. Use the Turbine Sites, Services or Software to resell or make any commercial use of the Turbine Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Turbine.
19. Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions.
Newsletters
By subscribing to our newsletter(s), subscribers understand they may receive periodic information regarding current and future Services offered on the Turbine Sites. In addition, such subscribers may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. You may unsubscribe from any of these Services at any time by following the procedures made available with the applicable Services.
Ownership
The Turbine Sites and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Turbine Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. Turbine (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Turbine and/or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Turbine Sites and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
Jurisdictional Issues and Export Control Laws
The Service is controlled and operated by Turbine from its offices within The Commonwealth of Massachusetts. Turbine makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Turbine Sites or Services 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.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Turbine Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. No Content or Software may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination of Account
Turbine has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Turbine. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Turbine Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Turbine Site. Turbine reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items). If your Account is terminated or suspended by Turbine, Turbine shall have the right to terminate or suspend any of your other Account(s).
Links to Third-Party Sites
THE LINKS APPEARING IN CERTAIN TURBINE SITES WILL LET YOU LEAVE THE TURBINE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TURBINE AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. TURBINE IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. TURBINE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TURBINE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TURBINE OF THE LINKED SITES. TURBINE MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Disclaimer of Warranty; Limitation of Liability
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE TURBINE SITES, SERVICES, SOFTWARE OR CONTENT.
To the maximum extent allowed by law, neither Turbine nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Turbine Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Turbine Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE TURBINE SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE TURBINE SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. TURBINE PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TURBINE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE TURBINE PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE TURBINE PARTIES, OR BY YOUR OR ANY OTHER USER'S ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE TURBINE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE TURBINE SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TURBINE IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE TURBINE PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TURBINE OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE TURBINE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE TURBINE SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH TURBINE. 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 TURBINE AND THE TURBINE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. TURBINE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE TURBINE SITES 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.
THE TURBINE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE TURBINE SITES OR SERVICES FOR ANY PURPOSE.
THE CONTENT PUBLISHED ON THE TURBINE SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE TURBINE PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TURBINE SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
General
These Terms of Service are governed by the laws of the United States of America and The Commonwealth of Massachusetts, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Suffolk County, Massachusetts, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Suffolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the Services. If you are accessing the Turbine Sites or Services from outside of the United States, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect these Terms of Service only to the extent required by such jurisdiction and these Terms of Service shall be interpreted to give maximum effect to the terms and conditions hereof. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Turbine as a result of these Terms of Service or use of the Turbine Sites, Services, Software or Content.
Turbine may assign these Terms of Service, in whole or in part, at any time. Turbine's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Turbine's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Turbine with respect to such use. You agree to indemnify and hold the Turbine Parties, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Turbine with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Turbine with respect to the Services. You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Turbine's failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Turbine of any provision, condition or requirement of these Terms of Services or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Conditions or License Agreements, no default, delay or failure to perform on the part of Turbine shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Turbine. All notices given by you or required under these Terms of Service shall be in writing and addressed to: Turbine, Inc., PO Box 747, Westwood, MA 02090, Attn: General Counsel. Turbine may give notice to you by means of a general notice on the Turbine Sites or Services, electronic mail to your e-mail address on record in Turbine's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Turbine's Account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language. A French version of this agreement is available at Terms of Service in French.
Les parties en présence ont requis que ce règlement ainsi que toute la correspondance et la documentation relative Ã* ce règlement, soient rédigés en anglais. Une version en français est disponible sur internet Ã* l'adresse suivante: Conditions du service.
Reservation of Rights
Turbine may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services and the Turbine Sites. Except as expressly provided in these Terms of Service or the applicable License Agreement, the availability of the Services and such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by Turbine (or its licensors).
Privacy Policy
See Turbine's Privacy Policy (Privacy Policy) relating to the collection and use of your information which forms a part of this agreement. You hereby consent that Turbine may use your personally identifiable information in accordance with the terms of the Privacy Policy.
Copyright and Trademark Notices
All content, design and layout of the Turbine Sites: Copyright © Turbine, Inc., PO Box 747, Westwood, MA 02090. All rights reserved.
TURBINE and other Turbine logos and product and service names are registered or unregistered trademarks or service marks of Turbine, Inc. in the United States and/or other jurisdictions. All other trademarks referenced on this website are the property of their respective owners.
© 2009 Turbine, Inc. All rights reserved. [ Terms of Service | Legal Info | Privacy Policy ]
TURBINE, INC. ONLINE SERVICES END USER LICENSE AGREEMENT
Be sure to read and understand all of the rights and restrictions described in the current Online Services End User License Agreement ("EULA") for the multiplayer online game known as DUNGEONS & DRAGONS ONLINEâ„¢: Stormreachâ„¢ (the "Game"). You cannot use, access or play the Game unless or until you accept the terms of the current EULA.
This EULA is a legal agreement between the individual end user customer ("you") and Turbine, Inc. ("Turbine," "we" or "us"), a corporation organized under the laws of the State of Delaware, United States of America with its principal offices at 60 Glacier Drive, Suite 4000, Westwood, MA 02090, U.S.A., to permit you to remotely access the Game server software and related online virtual world (the "Server") and play the Game. The Game includes patches, updates and supplements, if any, to the Server and/or the original client software installed on your personal computer (the "Client") which we may from time to time provide or make available to you in our sole and absolute discretion. The Client and Server, including any such patches, updates and supplements, are sometimes referred to in this Agreement and the Code of Conduct as the "Software." By pressing the "Accept" button or installing, accessing the Server or playing the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not access the Server or play the Game. A copy of this EULA may be obtained from http://www.ddo.com/support/policies/eula.
The Server is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Server is licensed to you, not sold, pursuant to the terms and conditions of this EULA and the other documents referenced herein.
1. To play the Game, you must have (a) the Client which must be separately purchased and installed on your personal computer (which must conform to the minimum specification requirements determined by Turbine); (b) a fully paid online service subscription for access to the Server (or authorized free trial access) through Turbine or our authorized distributors or service providers; and (c) a suitable connection to the Internet (not provided by Turbine) to connect to the Server. You are responsible for all charges and costs you incur in order to access the Server and play the Game, including, without limitation, the subscription fees and charges for Internet and telecommunications connections.
2. Upon payment of the applicable license fees and online fees, this EULA grants you a non-exclusive, non-transferable, revocable license solely to use the Server to play the Game, subject to the terms and conditions of this EULA, the Code of Conduct (which is provided below) and the Terms of Service (including the online subscription and payment terms) which is posted at http://www.ddo.com/support/policies/tos. You may not reverse engineer, decompile or disassemble any part of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, in which case you agree to keep the results of any such permitted reverse engineering confidential and not to use them except for the purpose of obtaining interoperability. All rights not expressly granted are reserved by us.
3. We reserve the right to transfer or cease the operation of the Game at any time or to terminate your license to the Server and/or your access to the Game at any time, without notice or refund, for any reason whatsoever, including without limitation, as a result of your breach of this EULA, the Code of Conduct, or the Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if we discontinue offering the Game.
4. Turbine may amend this EULA, including the Terms of Service and the Code of Conduct, at any time in its sole discretion. Such amendments shall be effective upon your first use of the Server or the Game after Turbine makes them available for your review. Accordingly, we recommend that you review these terms and the Terms of Service and Code of Conduct periodically.
5. To access the Game, you will be required to choose names for the characters you develop. Your character name may not be contrary to the Code of Conduct or Terms of Service and may not violate anyone’s rights. Certain character names may be banned by Turbine (or its licensees or licensors) from time to time. You acknowledge and agree that Turbine has the right to post and display your character name(s) within the Game and/or on Game-related websites and bulletin boards in the event your access to the Game is suspended or terminated for a violation of this EULA, the Terms of Service or the Code of Conduct. Further, you acknowledge and agree that Turbine has the right, without any compensation or credit to you, to use your character names and descriptions of your in-game activities in our marketing and publicity efforts, including but not limited to describing on Game-related websites your character’s adventures and experiences.
6. As part of your Game experience, you can input language and upload content to our Servers in various forms, such as in the selections you make for playing the Game (for example, character names, in-game (text or voice) conversations, broadcast announcements, etc.) and in chat channels (text or voice) and similar areas which allow you to communicate with others and create and modify characters, character names, game play and the like (collectively, the "Content"). Content created by you must not: (a) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person; (b) be profane, obscene, indecent or violate any law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or (f) restrict or inhibit any other user from using and enjoying the Game. We have no obligation to monitor player Content related to the Game and disclaim all liability with respect thereto. However, we reserve the right to review the Content and take any action we deem necessary as to such Content, including but not limited to editing or removing the Content and/or suspending or terminating your access to the Game. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Turbine, in perpetuity to the extent permitted by applicable laws or for the duration of the legal protection afforded to the Content, and for all territories, all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, including, without limitation, the right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form and format, and in and on whatever medium, all inventions, designs, and marks embodied therein, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. In the alternative, to the extent such assignment is ineffective under applicable law, you hereby grant to Turbine, its successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and/or use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable laws, you hereby waive any moral rights you may have in any and all Content. In furtherance of the foregoing, you hereby agree to execute any and all agreements or other written instruments which may be required by applicable law to give full effect to the above assignment, license or waiver, as may be applicable.
7. Except as expressly permitted by Turbine by written notice (and in such event in accordance with Turbine’s specified restrictions and guidelines), you may not use any third-party software to change game play in the Game. The Game may be played only through authorized Servers maintained by Turbine or its subcontractors. You may not create or provide any other means through which the Game may be played by others, as through server emulators (which contain unauthorized copies of the Server). You may not take any action which imposes an unreasonable or disproportionately large load on our servers or other infrastructure.
8. All right, title, and interest, including, copyrights and other intellectual property rights in and to the Game (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Game by us or our suppliers and character data), the accompanying printed materials, and any copies and derivative works thereof, are owned by us or our licensors. If we provide you documentation only in electronic form, you may print one copy of such electronic documentation. Except as expressly permitted by Turbine by written notice (and in such event in accordance with Turbine’s specified restrictions and guidelines), you may not buy, sell, or auction (or offer, host, or facilitate the ability of others, to buy, sell, or auction), share, or otherwise commercially exploit, the Software or any part of the Game, account, password, characters, housing, items, credits, currency or coin or any other virtual in-game items and/or copyrighted, trademarked or patented material contained in or generated by the Game.
9. You agree that we may communicate with you via the email address you provided in obtaining your subscriber account regarding any subject related to the Game (or any updates, expansion packs or sequels of the Game), this EULA and/or related agreements. In order to provide you with patches and updates to the Software, you agree that we may upload necessary information from your computer and computing devices, and may download the patches and updates onto your computer and computing devices. If you request any technical support from us, and we need to look at the contents of your computer or computing devices to help you, you agree to allow such access to your computer and computing devices. You understand that we may release updates, expansion packs, and sequels of the Game at any time without incurring any obligation to furnish such releases to you pursuant to this EULA. This EULA does not entitle you to any subsequent releases of the Game without paying applicable charges.
10. We caution you against giving out personally identifiable information (such as social security or social insurance numbers, credit or debit card numbers, names and addresses, telephone numbers, driver’s license numbers) to others online, as this information may be used for illegal or harmful purposes. You agree that Turbine (or its designees) may collect personal information from you for purposes related to your use of Turbine products and services and that some personal information you provide to Turbine (or its designee) may be stored outside of the country in which you reside. To read Turbine’s Privacy Policy which forms part of this agreement, please go to http://www.ddo.com/support/policies/privacy. In certain jurisdictions in which local law may be required to apply, some of the information collected by Turbine (or its designee) may be considered personal information, and entitle you to the right to object to its collection, and to a right to access and correct the collected information pertaining to you. Notwithstanding anything to the contrary, we reserve the right to disclose any personal information about you or your use of the Game, including your Content, without your prior permission if we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend the rights or property of Turbine or its affiliated companies, licensors or licensees; (c) enforce this EULA; (d) act to protect the interests of other Game players or others; or (e) as permitted by applicable law. Our performance of this EULA is subject to existing laws and legal process, and nothing contained in this EULA is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Game or information provided to or gathered by us with respect to such use.
11. DISCLAIMER OF WARRANTY. The Server and the Game is made available to you under this EULA on an "AS IS" basis with no warranty of any kind.
12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURBINE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13. TURBINE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVER OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS THE SERVER OR THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SOFTWARE TWARE OR THE GAME WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
14. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURBINE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS), INCLUDING, WITHOUT LIMITATION, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE GAME OR THE PROVISION OF OR FAILURE OR DELAY TO PROVIDE SERVER ACCESS OR RELATED SUPPORT SERVICES, EVEN IF TURBINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TURBINE’S (AND ITS LICENSORS’ AND SUPPLIERS’) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE FEE FOR ONE MONTH OF ACCESS TO THE SERVER. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. This EULA is governed by the laws of The Commonwealth of Massachusetts and the parties consent to exclusive jurisdiction and venue in the federal courts sitting in Suffolk County, Massachusetts, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the state courts sitting in Suffolk County, Massachusetts.
16. You agree to indemnify and hold Turbine harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Server or the Game.
17. This EULA, including the documents expressly incorporated by reference, and all updates to the same constitute the entire agreement between you and Turbine with respect to the Server and the Game, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Turbine with respect to the Server and the Game. You represent that you have not relied on any such communications in choosing to enter into this EULA. A printed version of this EULA and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Turbine’s failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Turbine of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Turbine shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Turbine.
19. All notices given by you or required under this EULA shall be in writing and addressed to: Turbine, Inc., 60 Glacier Drive, Suite 4000, Westwood, MA 02090, Attn: General Counsel.
20. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this EULA shall continue in effect.
21. We may assign this EULA, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense this EULA or any of your rights hereunder.
22. All services relating to the Game for which you subscribe are offered by Turbine or its subcontractors. Our support website is http://www.ddo.com/support. Current rates for using the Game, including online service subscription for access to the Server, may be obtained from http://www.ddo.com/pricing, and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to Turbine at 60 Glacier Drive, Suite 4000, Westwood, MA 02090 (Attention: Customer Service) with your email address and a request for this information.
23. Warning concerning the risks of epileptic seizures and the precautions to take when using a video game. Certain individuals may experience epileptic seizures or loss of consciousness when viewing certain kinds of flashing lights or patterns that are commonly present in our daily environment. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. This may be experienced by persons who have no adverse antecedent medical history or which have never experienced seizures in the past. If you have experienced symptoms linked to an epileptic condition (seizure or loss of awareness) in the presence of light stimulations, consult your physician before using any video games. In any case, the following rules should be complied with when using a video game: (i) avoid playing if you are tired or if you lack sleep; (ii) ensure that you are playing in a well lit room; and (iii) when playing, take ten to fifteen minute breaks every hour.
24. The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language. If you prefer, a French version of this EULA is available at http://www.ddo.com/support/policies/eulaf. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative Ã* cette entente, soient rédigées en langue anglaise. Si vous le préférez, une version de cette entente en langue française est disponible Ã* http://www.ddo.com/support/policies/eulaf.
CODE OF CONDUCT
The Code of Conduct governs player behavior while playing DUNGEONS & DRAGONS ONLINE™: Stormreach™ (the "Game") and participating on the Game Website http://www.ddo.com. The Code of Conduct is designed to make everyone’s game experience as enjoyable as possible. Failure to follow the Code of Conduct may result in the suspension or termination of your DUNGEONS & DRAGONS ONLINE: Stormreach account without refund.
1. While participating in the Game you must respect the rights of others to play and enjoy the game world as intended by Turbine, Inc. ("Turbine").
2. You may not communicate any player’s real-world information through the use of the official game Website, game client or server software or any other means.
3. You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions).
4. You may not distribute or spotlight sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive content.
5. While playing the game or participating in the Game, you may not exhibit or partake in behavior that is disruptive to the game’s normal playability, causes grief or alarm to other players, or degrades the service performance or other players’ client software (for example, deliberately using game bugs or loopholes to disrupt the game or dropping excessive items or summoning excessive portals).
6. You may not spam or flood with multiple posts the game chat or the official Website features.
7. You may not impersonate any DUNGEONS & DRAGONS ONLINE: Stormreach Support Staff member or other Turbine employee, past or present.
8. You may not violate any local, state, national, or international laws or regulations.
9. You may not market, promote, advertise, or solicit products or services within the Game or Website.
10. You may not modify the game client, server or any part of the official Game Website.
11. You may not advertise the intent to, or commit the act of, unauthorized selling, buying, transferring or sharing access to any Game account.
12. You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling or buying of game items for real-world monetary values or other consideration.
13. While participating in the Game, both in-game and through the official Website, you will follow the instructions of authorized personnel at all times.
14. You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.
15. You may not intentionally hide or falsify personal information that is deemed necessary for Game account creation.
16. You may not upload or transmit copyrighted material to any aspect of the Game without the express consent of the copyright holder.
17. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game.
18. You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage within the Game world. You may report bugs at ddobugs@turbine.com.
19. You may not create, post, use or distribute any utilities, emulators or other third party software tools without the express written permission of Turbine (including, without limitation, macroing programs, botting programs, UI modifications, server emulators, client hacks, map hacks, and data gathering utilities).
20. You may not harass other players or Turbine staff, including by way of example, but not limited to, threats, stalking or abuse of others.
21. You may not post Website links or URLs in the game that point to content deemed by Turbine to be inappropriate, including, without limitation, any Website links or URLs directed to other commercial products or services. You may not post Website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players’ computers or would allow others to inappropriately access software or websites. Turbine does not allow the posting of destructive software, use of computer programs that contain destructive features, or access to any content such as viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication.
22. You may not use the Game and/or services for illegal activities. Turbine is not responsible for anything you say (text or voice) in-game or on our chat rooms or forums, or for any consequences that arise from what you say. If you break the law, you alone will be responsible for the consequences.
23. Although the Game is a role-playing game, you may not claim "role-playing" in defense of any violation of the Code of Conduct.
Note: Turbine has final say over what constitutes a violation of this Code of Conduct. Turbine reserves the right to change the Code of Conduct at any time. Check the Game website http://www.ddo.com periodically for updates to the Code of Conduct.
Turbine has final say over what constitutes a violation of this Code of Conduct. Turbine reserves the right to change the Code of Conduct at any time. Check the Game website http://www.ddo.com periodically for updates to the Code of Conduct.
Remedies to inappropriate behavior
A player who violates the Code of Conduct may be warned by Turbine staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning. In addition, Turbine reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations.
Chat in the Game website may be logged and may be reviewed at any time to assist in making decisions regarding violations of the Code of Conduct. This includes, but is not limited to, private chat, fellowship chat and allegiance chat.
If you understand the terms of the End User License Agreement and the Code of Conduct and these terms are acceptable, please indicate your agreement and your intent to be legally bound by them by affirmatively accepting the terms where indicated.
A player who violates the Code of Conduct may be warned by Turbine staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning. In addition, Turbine reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations.Turbine has final say over what constitutes a violation of this Code of Conduct. Turbine reserves the right to change the Code of Conduct at any time. Check the Game website http://www.ddo.com periodically for updates to the Code of Conduct.
The Great Gnome Conspiracy was here!
such things are not really difficult to find
http://mason.gmu.edu/~montecin/copyright-internet.htm
i want to highlight you to a portion on this page
check out the ToS of photobucketOriginally Posted by Virginia Montecino
http://photobucket.com/terms
as i mentioned in my reply to your PM, i'll be glad to help you with academic writing. i write, read and mark enough essays and thesis to knowOriginally Posted by Photobucket
Last edited by Aranticus; 07-30-2009 at 09:34 PM.
If you want to know why...
I'll do you one better Mrcow, and hopefully answer Shadowhand2's question.
I do have numerous copyrights, and am well versed in what protections I may indeed expect.
But I will stay within the realm of the photos and videos we see inserted in the forum posts in order to answer that specific question of permission.
If one were to go to the main page of any photosharing or videohosting sites and sign up one will notice a box to check if one agrees with the rules of posting and a link to view such. In there it will state that if one posts a photo or video that may have copywritten material in it that one is implying permission to use or ownership of such copywritten material. Further, if one posts anything, including original work, into a public access page that one agrees that it is free to use by the public with no restrictions to the copywritten material as long as there is no monetary gain involved (e.g. can't sell a t-shirt with that image; or a bumper sticker; etc.). It also states that any trademarked material is understood to be used by permission.
The owners of such copyrights and trademarks can contact the hosting sites to dispute any infringements, but only toward the original posters. Anyone who uses that material, if accessed from a public page, are understood to have used those materials in good faith.
I hope that clears it all up.
I hardly think grammar classes coming from you would have a leg to stand on. You can claim to be whatever you want on the internet...does not make it any more true.
And a side note, if you going to give anyone help with writing and the like, you might wish to look into it yourself. Forums do not general like spelling/grammar police if you did not know already. I would ask you keep your snide remarks to me from any pMs to yourself....its unbecoming
I did, in post #24 above...I guess you missed it in your skimming. I also find that "courage" comment to be a bit of a taunt, you really are looking for a fight when several in this thread are trying to provide you with real information. Your responses are general rude or you just ignore what they are saying.
I do believe the fact that there are so many shades of gray (based on the examples posted) when you are trying for a black and white answer leads to the answer of "It depends". Asking for anything more than that requires a specific item to be examined.Originally Posted by ShadowHand2
Server - Thelanis
Shadowhand2
you can cease sending me PMs now that you have this wonderful thread
i am not lawyer on plagiarism or copyright infringement. i have no professional qualification on this subject and thus cannot be considered as an expert. i'm not trying to sound nor act like an expert. knowledge on this subject can be easily found. in fact the internet is a treasure trove of knowledge that no one can proclaim ignorance if one knows how to use a search engine
teaching is my real job. i teach chemistry in college. my scope doesnt just end at teaching. i have to keep myself abreast of the lastest developments. this means i have to go for professional courses. i have to papers to write, as well as those from my students to mark. it is part of my work that i have to be versed in plagarism and copyright infringement. if you cant see why, i could understand that
i believe my posting history in the forums, especially on topics of science (did you read the hydrogen part?) would show that my claim to be a chemistry teacher to be suitable to at least allow others to believe that i'm a teacher. but if you need, i could post for you a picture of me and my students
If you want to know why...