Terms of Service
Revision as of 20:54, 26 July 2013 by Sven (→COPYRIGHT POLICIES: Clarifying copyright notice procedures.)
- The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which the owners and operators of HollowGame.com ("Hollow") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies from this Agreement. By using Hollow, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using Hollow. HollowGame.com may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at http://hollowgame.com/w/index.php?title=Terms_of_Service. You shall be responsible for reviewing and becoming familiar with any modifications.
- Use HollowGame.com and HollowGame.com Services AT YOUR OWN RISK. HollowGame.com is not responsible for damages, injuries, losses, or deaths, whether direct or indirect, due to the use of HollowGame.com Services.
THE SERVICES AND CONTENT OF HOLLOW
- 1.1 "Hollow" is the multi-user online service offered by HollowGame.com, including access to the websites and services available from the domain and subdomains of http://hollowgame.com (the "Websites"). Websites and any other Hollow-produced software constitute the "Service" as used in this Agreement.
- 1.2 You acknowledge that HollowGame.com is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. HollowGame.com does not regulate the content of communications between users or users' interactions with the Service. As a result, HollowGame.com has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
- 1.3 Content available in the Service may be provided by users of the Service, rather than by HollowGame.com. HollowGame.com has rights to all produced content, which you agree to respect. You agree that your creation of Content is not in any way based upon any expectation of compensation from HollowGame.com.
- 1.4 HollowGame.com "credits" is a limited license right available for purchase or free distribution at HollowGame.com's discretion, and is not redeemable for monetary value.
- You acknowledge that the Service includes in-world fictional currency ("credits"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by HollowGame.com. HollowGame.com may charge fees for the right to use Credits, or may distribute Credits without charge, at its sole discretion. Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from HollowGame.com at any time. You agree that HollowGame.com has the absolute right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, in any general or specific case, and that HollowGame.com will have no liability to you based on its exercise of such right.
- 1.5 Hollow is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at HollowGame.com's sole discretion.
- HollowGame.com reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that HollowGame.com will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. HollowGame.com has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
- HollowGame.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. HollowGame.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will HollowGame.com be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone's use of the Service, any Content, Software or Content posted on or through the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
- 1.6 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies.
ACCOUNT REGISTRATION AND REQUIREMENTS
- 2.1 You must establish an account to use Hollow, using true and accurate registration information.
- You must establish an account with HollowGame.com (your "Account") to use the Service, except for those portions of the Websites to which HollowGame.com allows access without registration. You agree to provide true, accurate, current and complete information about yourself. HollowGame.com reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that HollowGame.com cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
- 2.2 You must be 13 years of age or older to access Hollow.
- You must be at least 13 years of age to participate in the Service. If you are under 18 years of age, by accepting this agreement in connection with an Account, you represent that (i) you have read and accept this Agreement; (ii) your parent or legal guardian has consented to you having an Account and participating in the Service, and to providing your personal information for your Account; and (iii) your parent or legal guardian has read and accepted this Agreement.
- HollowGame.com cannot ensure that other users or any non-employee of HollowGame.com will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable.
- 2.3 HollowGame.com may suspend or terminate your account at any time, without refund or obligation to you.
- HollowGame.com has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that HollowGame.com suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
- 2.4 You are responsible for your own Internet access.
- HollowGame.com does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
- 3.1 You have a nonexclusive, limited, revocable license to use Hollow while you are in compliance with the terms of service.
- Subject to the terms of this Agreement, HollowGame.com grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Service. Nothing in this Agreement, or on HollowGame.com's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a HollowGame.com employee and that you do not expect to be, and will not be, compensated by HollowGame.com for such activities.
- 3.2 In exchange for HollowGame.com enabling your contribution of Content, when you contribute Content, you expressly grant to HollowGame.com a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant HollowGame.com all licenses, consents and clearances to enable HollowGame.com to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
- You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and HollowGame.com will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) HollowGame.com's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of HollowGame.com's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.
- 3.3 HollowGame.com retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create.
- You agree that you do not own the account you use to access the Service, nor do you own any data HollowGame.com stores on HollowGame.com servers (including without limitation any data representing or embodying any or all of your Content).
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY
- 4.1 You release HollowGame.com from your claims relating to other users of Hollow. HollowGame.com has the right but not the obligation to resolve disputes between users of HollowGame.com.
- As a condition of access to the Service, you release HollowGame.com (and HollowGame.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) HollowGame.com will have the right but not the obligation to resolve disputes between users relating to the Service, and HollowGame.com's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent HollowGame.com elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) HollowGame.com's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release HollowGame.com (and HollowGame.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with HollowGame.com's resolution of disputes relating to the Service.
- 4.2 All data on HollowGame.com's servers are subject to deletion, alteration or transfer.
- When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on HollowGame.com's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON HOLLOWGAME.COM'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN HOLLOWGAME.COM'S SOLE DISCRETION.
- YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, HOLLOWGAME.COM DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON HOLLOWGAME.COM'S SERVERS.
- YOU UNDERSTAND AND AGREE THAT HOLLOWGAME.COM HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
- 4.3 HollowGame.com provides the Service on an "as is" basis, without express or implied warranties.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
- HollowGame.com does not ensure continuous, error-free, secure or virus-free operation of the Service, or your Account, and you understand that you shall not be entitled to refunds for fees based on HollowGame.com's failure to provide any of the foregoing. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
- 4.4 HollowGame.com's liability to you is expressly limited, to the extent allowable under applicable law.
- IN NO EVENT WILL HOLLOWGAME.COM OR ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES, DISTRIBUTORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, EVEN IF HOLLOWGAME.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOLLOWGAME.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOLLOWGAME.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL HOLLOWGAME.COM'S LIABILITY TO YOU EXCEED $50 (50 U.S. dollars). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO HOLLOWGAME.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM HOLLOWGAME.COM, REGARDLESS OF THE CAUSE OF ACTION.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- 5.1 HollowGame.com responds to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Requests and notices should be sent to firstname.lastname@example.org.
- Requests and notices should include the following:
- The name, address, and electronic signature of the complaining party
- The infringing materials and their Internet location, or the reference or link to the infringing materials.
- Sufficient information to identify the copyrighted works.
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.
- Requests and notices should include the following:
- 6.1 You agree to abide by the General Policies and Rules of behaviour, available at http://www.hollowgame.com/w/index.php?title=General_Policies and http://www.hollowgame.com/w/index.php?title=Rules_of_behaviour