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| This Agreement was last updated on June 11th, 2003. |
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| Welcome to my.AgesOfAthiria.com! We’re glad you decided to join us. We look forward to your involvement with our community as we develop Ages of Athiria (the “Game”) to be the next generation of Massively Multiplayer games. Please take a moment to review this Agreement (the “Agreement”) between you and Elysian Productions, Inc. (“EPI”) It is important to understand both the services we provide through my.AgesOfAthiria.com (with the Game, the “Site”) and the limitations of those services. |
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| | (a) YOU WILL NOT BE GRANTED ACCESS TO OR USE OF THIS SITE UNLESS AND UNTIL YOU READ, ACKNOWLEDGE, AND AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS IN THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON AT THE BOTTOM OF THIS SCREEN. |
| | (b) IF YOU DO NOT AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE “I DO NOT ACCEPT” BUTTON AT THE BOTTOM OF THIS SCREEN. IF YOU CLICK ON THE “I DO NOT ACCEPT” BUTTON, THE ACCESS PROCESS WILL STOP AND YOU WILL BE DENIED ANY ACCESS TO OR USE OF THIS SITE. |
| | (c) This Agreement may be updated from time to time. EPI will notify you of any significant changes via the email address you used to register with the Site. Your continued use of our services signifies your acceptance of the changes. This Agreement will always be available to users on this page for you to read. |
| | (d) A printed version of this Agreement and of any notice given in electronic form will 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. EPI recommends that you print a copy of the most current version of this Agreement for your records. |
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| This Agreement governs your access to and use of the Site, including without limitation, all content, software, HTML and other code, and script forming a part of this Site, and all services and transactions offered through the Site. In addition to complying with the terms and conditions of this Agreement, you agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement: |
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| Please click here to read EPI’s Privacy Policy which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how EPI collects, uses and discloses your personal and business information. |
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| Please click here to read EPI’s Code of Conduct which is hereby incorporated into and made a part of this Agreement. The Code of Conduct contains additional terms and conditions relating to your use of the Site and playing of the Game. |
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| | (a) MY.AGESOFATHIRIA.COM IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13. THE MY.AGESOFATHIRIA.COM SITE PROHIBITS REGISTRATION BY ANYONE UNDER 13 AND WE WILL NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER 13. THIS REQUIREMENT WILL BE POSTED AT POINTS OF DATA COLLECTION SUCH AS REGISTRATION FOR SERVICES. |
| | (b) You represent and warrant to EPI that you are at least 18 years of age or have obtained the prior consent of your parents or guardians and that you possess the legal right and ability to enter into this Agreement, including without limitation, that you have the authority to contractually bind the organization that you represent. |
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| | Note to Parents. If you have any concerns about the privacy of your child’s information please contact us at security@agesofathiria.com. |
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| | (a) EPI may, at any time and in its sole discretion, modify, add or delete provisions in this Agreement. You are responsible for regularly reviewing the terms and conditions of this Agreement. If you object to any such modifications, additions or deletions, your only recourse is to terminate this Agreement and to stop any and all use of this Site. Your continued use of this Site following such modifications, additions or deletions shall constitute your review and acceptance of and agreement to such modifications, additions or deletions. |
| | (b) Except as provided for in this Section 4, the provisions of this Agreement may not be modified, revised or amended, and none of its provisions waived, except in a record executed by a duly authorized representative of EPI. |
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| EPI may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing, on a temporary or permanent basis, any or all services or transactions offered through this Site), in whole or in part, without notice or liability to you. You agree that EPI will not be liable to you or any third party for any modification or discontinuance of the Site. |
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| | (a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN "AS-IS" and "AS AVAILABLE" BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. EPI DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT PERMITTED BY LAW, EPI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. |
| | (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPI, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF EPI HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. |
| | (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPI’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO EPI FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO EPI’S LIABILITY. |
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| | (a) Subject to the terms and conditions of this Agreement, EPI grants you a limited, revocable, non-transferable and non-exclusive license (without the right to sublicense) to access and use this Site only for (i) displaying this Site on your Internet browser; and (ii) printing portions of this Site. Your access and use of this Site is further limited to personal, internal and non-commercial purposes only. |
| | (b) Except as permitted in the limited license set forth in paragraph (a), above, you shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. |
| | (c) You may not upload to, or distribute or otherwise publish through this Site any content, information, or other material that (i) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. |
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| | (a) EPI may assign a password and account ID to you so you can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and EPI has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE. |
| | (b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify EPI of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security. |
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| | (a) Distributing Content You Produce. Subject to EPI's Privacy Policy, you are licensing to the Site providers any "content" you provide through the Site. EPI, its employees and the Site may modify, display, distribute and create new material using such content for the promotion and marketing of our services and the operation of our system. Notwithstanding this license, EPI will take reasonable precautions to help you personal information private. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Site and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted or are otherwise owned by anyone other than yourself. |
| | (b) Advertising. You agree that EPI may display advertisements and promotions of all kinds through the Site. |
| | (c) Account Access. You agree that EPI employees have access to your account and records as reasonably needed to investigate complaints and perform Customer Service functions. |
| | (d) Submissions. You grant to EPI an exclusive, royalty-free, worldwide, perpetual and transferable license (with the right of sublicense) to use, copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from any and all content, information ideas and know-how (including without limitation any comments or ideas relating to new or improved EPI products or services) that you submit to EPI by any means and in any form (collectively, “Submissions”) and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. |
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| | (a) In addition to any other legal or equitable remedies, EPI may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. You may terminate this Agreement by canceling your subscription at any time. When termination is requested by a subscriber, the subscriber’s account will be immediately inactivated and any access to this Site shall be revoked. You acknowledge that EPI, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Site for any reason or no reason, including without limitation, if EPI believes that you have breached violated or acted inconsistently with this Agreement. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that EPI may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that EPI shall not be liable to you or any third-party for any termination of your access to the Site. |
| | (b) Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and EPI shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. The provisions of Sections 6, 7(b), 7(c), 8, 9, 10, 11, 12, 15, 18, 19 and 22 shall survive the termination of this Agreement. |
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| | (a) U.S. and international copyright and/or other intellectual and proprietary laws protect this Site and any unauthorized access to or use of this Site may violate such laws. The trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the “Marks”) are the sole and exclusive property of EPI or third parties. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of EPI or any of the goodwill associated with any of the foregoing. To the extent that you use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of EPI, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of EPI. |
| | (b) You shall not remove any copyright or other proprietary legends or notices that appear on, in or as part of this Site. |
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| | (a) If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send EPI’s Designated Agent a notice containing the following elements: |
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| | | (1) An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed; |
| | | (2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.); |
| | | (3) A description of where the material that you claim is/are infringing is/are located on this Site, including the URL, so that EPI can locate the material; |
| | | (4) Your address, telephone number and email address; |
| | | (5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and |
| | | (6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. |
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| | (b) Send the notice containing the above information to the following Designated Agent: |
| | | Name of Designated Agent: Derek Licciardi |
| | | E-mail Address: derek@elysianonline.com |
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| | NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING EPI THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO EPI’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS LISTED BELOW IN THE SECTION TITLED "CONTACT INFORMATION". |
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| This Site may contain links to Internet sites owned, operated or maintained by third parties not under EPI's control. These links are provided for your convenience of reference only. Such links are not and shall not be deemed to be EPI's endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. |
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| You must obtain EPI’s prior written consent for any link(s) to this Site. |
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| You agree to indemnify, defend and hold harmless EPI, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your access or connection to, or use of this Site, including without limitation, claims arising out of information or content submitted to this Site by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of the terms and conditions of this Agreement. EPI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with EPI’s defense of such claims. |
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| You acknowledge that no joint venture, partnership, employment, or agency relationship exists between the you and EPI as a result of this Agreement or any use of this Site. You agree not to hold yourself out as a representative, agent, or employee of EPI and EPI shall not be liable for any representation, act or omission by you to the contrary. |
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| You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of EPI’s successors, assigns and licensees. |
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| | (a) You agree that EPI’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that EPI shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that EPI may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. |
| | (b) All rights and remedies granted to EPI under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to EPI at law or in equity. |
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| | (a) This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Jefferson County, Kentucky in all disputes arising out of or relating to the use of this Site. The Convention for the International Sale of Goods shall not apply to any transactions effected through this Web site. |
| | (b) To the extent permitted by law, you agree to commence any cause of action or claim against EPI within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred. |
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| This Site can be accessed from countries other than the United States. This Site may contain EPI products or services, or references to EPI products or services, that are not available outside of the United States. Any such references do not imply that such EPI products or services will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. |
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| Notices by EPI to you may be given by means of electronic messages or by a general posting on the service. Notices by you to EPI may be given by electronic messages. |
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| EPI reserves to itself any and all rights not expressly granted herein. |
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| If you have any other questions about the my.AgesOfAthiria.com User Agreement, please contact us via email at tos@agesofathiria.com |
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