End User License Agreement
End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY - IT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH CYAN WORLDS, INC. (“CWI”) PROVIDES YOU WITH ACCESS TO AND USE OF THE MULTI-PLAYER ON-LINE ROLE PLAYING GAME, MYST ONLINE: URU LIVE (THE SERVICE), WHICH INCLUDES CERTAIN SOFTWARE APPLICATIONS (THE “CLIENT APPLICATION”) AND OTHER ENTERTAINMENT SOFTWARE OR CONTENT (THE “GAME CONTENT”). BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, FULLY UNDERSTAND AND ACCEPT THIS AGREEMENT AND ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK THE “CANCEL” BUTTON.
You acknowledge that your agreement to the terms and conditions of this Agreement is on behalf of any person to whom access to and use of the Service is afforded through the sub-accounts that you create, as well as on your own behalf, and you represent that you are authorized to bind such persons to this Agreement. You are responsible for any access to or use of the Service that is made with the user names and passwords assigned to you, regardless of whether you authorized such access or use. You are responsible for protecting your user names and passwords from any unauthorized use. You may not transfer or assign your user names and passwords to anyone else, and any attempted assignment is void. If you believe someone has accessed the Service using any of your user names and passwords without your authorization, you must notify CWI via support site below:
- Any content or use that is patently offensive to the online community, such as sexually explicit content or content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Any content or use that harasses or advocates harassment of another person;
- Any use that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass e-mailing or “spamming”;
- Any content that promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Any content that infringes upon or violates any third party’s rights, including but not limited to, intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- Any content that promotes or enables an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, movies, videos, or video games or links, or other access thereto.
- Any content that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Any content that provides material that exploits people in a sexual or violent manner or solicits personal information from anyone under 18;
- Any content that provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
- Any content that contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Any content or use that tries to gain unauthorized access to the Service, including without limitation profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Any content or use that engages in or solicits commercial activities or sales without CWI’s prior written consent such as, without limitation, contest, gambling, betting, sweepstakes, barter, sales advertising, investments and pyramid schemes;
- Any content that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive creations, components or devices;
- Any content or use that interferes with another user’s use and enjoyment of the Service or any other individual’s use and enjoyment of the Service; or
Any access to, or use of, the Service or the computer systems used to provide the Service that is not in accordance with the express provisions of this Agreement is expressly unauthorized and prohibited.
Use of the Client Application and Game Content. You may not use the Client Application or Game Content other than in connection with your use of the Service in accordance with this Agreement. Without limiting the foregoing, you may not (i) modify, create derivative works from, adapt or translate any part of the Client Application or Game Content; (ii), reverse engineer, decompile, or disassemble any part of the Client Application or Game Content; (iii) offer for sale, sell, distribute, re-distribute, assign, rent, lease, sublicense or otherwise transfer any part of the Client Application or Game Content; (iv) duplicate, reproduce or copy any part of the Client Application or Game Content; (v) insert or allow the insertion of any virus, Trojan horse or other disabling or disrupting item of code; (vi) use the Client Application or Game Content for any commercial purpose; or (vii) otherwise use the Client Application or Game Content in a manner not expressly authorized under this Agreement.
Suspension and Termination. Subject to the terms of this Myst Online: Uru Live Service Agreement, in the event you have agreed to it, you acknowledge and agree that CWI may suspend or terminate your access to and use of the Service, the Client Application, and/or the Game Content at any time for any reason, and such suspension or termination is in addition to, and not in lieu of, any rights and remedies available to CWI under this Agreement or under applicable laws. In addition, without limitation, CWI shall have the right to suspend or terminate all access and use of the Service, the Client Application and/or the Game Content without notice.
Notice. You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided us. Notices that are applicable to all CWI customers shall be made available on our websites or within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
Intellectual Property Rights. Subject to the terms and conditions of this Agreement, CWI grants you the limited, personal, non-exclusive, non-transferable, revocable right and license to (i) access related websites to download the Client Application in accordance with the instructions provided; (ii) install and use the Client Application on your personal computer solely for the purpose of accessing and using the Service and the Game Content; and (iii) access and use the Service and Game Content, and exchange information and data through the Service, using your personal computer in the manner described in the Client Application. Except for the right and license expressly granted in this paragraph, no right or license is granted by implication, estoppel or otherwise, and CWI and its licensors reserve all right, title and interest in and to the Service, Client Application, and Game Content, the websites through which the Service is provided, all information and data provided through the Service, any trademarks, service marks and logotypes appearing in the Service, Client Application or Game Content (including, without limitation, all characters, graphics, illustrations, images, text, audio/video, ideas, and means of character interaction), and the network and server infrastructure (including all related software) utilized to operate or provide any of the foregoing, including, but not limited to, any changes, modifications, improvements or corrections to them or derivative works of them, all related technology, any rights under copyright, patent, trademark, service mark, or trade dress (whether or not any of these are registered), any proprietary rights in trade secrets, know-how, designs or databases, and any right or form of protection similar to any of the foregoing existing anywhere in the world. Without limiting the foregoing, ”Cyan Worlds Inc.,” ”Myst Online: Uru Live,” and the relating logos are trademarks of CWI, or its licensors and/or their affiliates, and any use of such trademarks shall inure to the benefit of CWI, licensors and/or their affiliates. In addition, you disclaim any proprietary rights that you may have in any information or data that may be collected through your use of the Service, the Client Application or the Game Content; or, in the event such disclaimer is deemed unenforceable, you hereby grant CWI a license to use information and data in connection with the Service, including (without limitation) any marketing and promotions thereof.
User Content. You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles or other information that you create, transmit or display on or through the Service, or that is created, transmitted, or displayed via your account or sub-accounts (collectively, “User Content”). By transmitting or displaying User Content on or through the Service, you grant CWI and its affiliates and licensors an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and promise that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that CWI may review, edit and delete any User Content which, in the sole judgment of CWI, violates this Agreement.
Creative Submissions/Communications. CWI and its licensors do not accept or consider creative ideas, suggestions or materials other than those they have specifically requested via the Service or otherwise. This is to avoid the possibility of future misunderstandings when projects independently developed by CWI, its licensors or their agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send, post, or otherwise communicate to CWI or its licensors any creative materials, suggestions, ideas, notes, drawings, concepts, including, without limitation, ideas or descriptions of how the Service (including without limitation Myst Online: Uru Live, the plot, or characters could be enhanced or further developed, (collectively, the “Information”), the Information shall be deemed, and shall remain the property of CWI. None of the Information shall be subject to any obligation on the part of CWI or its licensors, and they shall not be liable for any use or disclosure of any Information. By sending or posting Information, you hereby grant CWI and its licensors a perpetual, irrevocable, nonexclusive right to use such Information in all media now known or hereafter devised throughout the universe and you agree that CWI and its licensors shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other individuals or entities involved with the creation of such Information.
Naming Policy. When selecting a character, guild, city, pet, or object name for use on Myst Online: Uru Live, you must abide by the following Naming Policy set forth below (and in the event CWI changes it, you will abide by all changes after it is posted at http://www.mystonline.com /naming_policy You must use your best judgment to avoid gray areas.
- i. Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
- ii. Names may not be used that harass or damage the reputation of another player, group of players, or CWI’s employees or agents.
- iii. Names may not be a name or handle of any CWI’s employees or agents.
- iv. Avatar names may not include any reference to copyrighted or trademarked names, materials or products.
- v. Names may not derive from popular culture or media references.
- vi. Names may not be religiously or historically sensitive.
- vii. Names may not be proper names of an Age, area or a NPC within Myst Online: Uru Live.
- viii. Names may not have a title or rank within them that would be associated with the game or related or analogous groups.
- ix. Names may not contain a phrase, sentence, or any fragment of a sentence.
- x. Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and CWI strongly recommends that you not use your own either).
- xi. Names may not use misspellings or alternative spellings of names that violate any of the rules above.
Digital Millennium Copyright Act. CWI respects the rights of all copyright holders and in this regard, CWI has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CWI’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranty. CWI PROVIDES THE SERVICE, CLIENT APPLICATION AND GAME CONTENT ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, NEITHER CWI, ITS AFFILIATES, NOR THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, CLIENT APPLICATION, GAME CONTENT, ANY INFORMATION OR DATA PROVIDED IN CONNECTION THEREWITH, OR ANY OTHER GOODS OR SERVICES PROVIDED BY ANY SUCH PARTY, INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTY AS TO CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY, (B) ANY WARRANTY THAT THE SERVICE, CLIENT APPLICATION, GAME CONTENT, OR ANY RELATED INFORMATION OR DATA WILL BE PROVIDED OR MADE AVAILABLE IN A SECURE, CONTINUOUS, ERROR-FREE OR UNINTERRUPTED MANNER, OR (C) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND CWI, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM THE SAME. THE SERVICE IS FOR CONSUMER USE ONLY, THUS CWI’S LIABILITY (IF FOUND) SHALL NOT IN ANY EVENT INCLUDE LOSSES RELATED TO ANY BUSINESS OF YOURS, SUCH AS LOST PROFITS OR BUSINESS INTERRUPTION. UNLESS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. THIS CONTRACT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. You agree that your access to and use of the Service is at your own risk, and that you are responsible for the consequences of your acts, or failures to act, including without limitation, when and for how long you access and/or use the Service. In no circumstances shall CWI, its affiliates, or their respective directors, officers, employees, agents, service providers, suppliers or licensors be liable for (i) any punitive, exemplary, indirect, special, incidental or consequential loss or damages or loss of revenue, profits, goodwill, bargain, or opportunities or loss or corruption of data or anticipated savings incurred or suffered by you whether caused by negligence or otherwise, whether or not CWI was aware or should have been aware of the possibility of such loss or damage; or (ii) the acts of other users of the Service with whom you may interact through the Service, including any information or data that such other users may transmit through the Service. CWI, its affiliates, and their respective directors, officers, employees, agents, service providers, suppliers and licensors hereby disclaim any fiduciary duty or obligation with respect to any information or data that may be collected through your use of the Service, the Client Application or the Game Content. In no event shall CWI’s liability arising from any claim related to the Service (or any software, news or other content provided through the Service), whether in contract, tort (including without limitation negligence) in equity, under statute, under an indemnity, or on any other basis exceed $100. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Our liability under this Agreement will be reduced to the extent that your acts or omissions or any third party contribute to or cause the relevant liability.
Force Majeure. You acknowledge that our Service may be affected by, and we will have no liability for (i) acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, bad or unexpected weather, network congestion, internet service interference and other factors outside our control that may affect the availability, speed and quality of the Service, (ii) incompatible settings or configuration of your computer, telecommunications equipment or other services (for example the security and firewall settings on you computer or router may limit access to the Service); or (iii) your use of the Service in an incorrect or unauthorized manner or otherwise not in accordance with this Agreement.
Third Parties/Other Members. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CWI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. CWI does not approve of such unauthorized uses but by using the Service you acknowledge and agree that CWI is not responsible for the use by other members or users of any personal information that you disclose on the Service. Please carefully select the type of information that you post or display on the Service.
You are solely responsible for your interactions with other individuals on the Service. CWI reserves the right, but has no obligation, to monitor communications and any disputes between you and other users. If you would like to report conduct you believe is in violation of this Agreement, visit http://support.cyanworlds.com. Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that CWI must or will take any action against such conduct or the user engaging in such conduct. In the event CWI does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Agreement to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.
Arbitration. Any and all disputes arising from or relating to this Agreement, the Client Application, the Game Content, or the Service shall be solely and finally settled by arbitration. The arbitration will be governed by the Federal Arbitration Act of the United States of America. The arbitration will be conducted at a neutral location within the United States convenient to both parties by a single arbitrator to be selected by CWI. The arbitrator’s authority shall be limited to resolving individual disputes between you and CWI, and the arbitrator shall not determine, as an initial matter, whether class, mass or consolidated relief is permitted in arbitration. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred to arbitration in accordance with the terms of this paragraph), (i) CWI, its affiliates and licensors may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending their intellectual property rights in any court or forum of competent jurisdiction; and (ii) CWI, its affiliates and licensors shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement.
Amendments. You acknowledge and agree that CWI may modify the terms and conditions of this Agreement at any time by posting a revised version of this Agreement at http://www.mystonline.com /agreement or otherwise making it available for your review within the Service. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Service after the revised version is made available constitutes your agreement to the revision. If you do not agree with the modifications to this Agreement, you may simply cease using the Client Application and the Service.
Miscellaneous. This Agreement is solely for the benefit of the parties hereto, and CWI’s affiliates and licensors, and shall not be for the benefit of others. This Agreement may not be amended or modified other than in the manner described above. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, USA as it is applied to agreements entered into and to be performed entirely within such State. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or any transaction contemplated by this Agreement. Unless we have agreed otherwise in writing, CWI will begin to supply the services as soon as your order has met all required conditions, and is received and accepted by CWI. Any action you, any third party or CWI bring to enforce this Agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Spokane County, Washington, USA and you expressly consent to the jurisdiction of said courts. You may not assign your rights under this Agreement, and any attempted assignment will be void. This Agreement and the rights and obligations under this Agreement may be transferred or assigned by CWI, in whole or in part, and terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee. CWI shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of CWI. CWI assumes no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion.
CWI will electronically log and store your consent to this Agreement, which you agree shall be sufficient to demonstrate your acceptance. If you agree to be bound by the terms and conditions of this Agreement, please click “Accept”.
Revision # 02.01.2010