UORealms Terms Of Service Agreement
Welcome to UORealms, a service of Genie, LLC. (UORealms), a website located at https://uorealms.com/realms (the "Site"). Please review the following terms that will govern your use of our Site and services ("Terms").
BY CLICKING THE "I ACCEPT" BUTTON DURING REGISTRATION, OR THROUGH YOUR CONTINUED USE OF THIS SITE, YOU AGREE TO COMPLY WITH ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT CONTINUE TO USE THIS SITE OR ANY MATERIALS CONTAINED IN IT.
1. Our Services.
UORealms is an Internet-based service that allows you to play numerous online, multi-genre, role-playing games where the worlds, places, characters, plots, and other items may be created by you, other members, UORealms, or other parties (collectively, "Games"). In addition to the Games, we also provide bulletin boards, chat rooms, and other game-related services (collectively, "Services").
2. Age Requirement.
You must be at least thirteen (13) years of age to use the Site, Services, and Games. You represent warrant and covenant that you meet this age requirement.
3. Access.
You must have access to the World Wide Web in order to use our Site, Services, and Games. It is your responsibility to select, obtain and pay for any equipment (e.g., computer or modem) and services (e.g., phone line or DSL) necessary for such access.
4. Registration.
If you accept the Terms, UORealms will ask you to complete a registration form in order to establish your membership account. You must select a name by which to identify yourself to other members and to the UORealms staff when you use the Services (your "User ID"). You may not select as your User ID the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party’s trademark right, copyright, or other proprietary right, or which UORealms deems in its sole discretion to be vulgar or otherwise offensive. UORealms reserves the right to delete any vulgar or otherwise offensive User ID, or to require you to change your User ID. You must also select a password for your account. UORealms recommends that you choose one with letters and numbers, and do not use your User ID as your password. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current, and complete, and which you agree to update in order to maintain as such. If you breach this representation, or UORealms has reasonable grounds to suspect that you have, UORealms has the right upon notice to suspend or terminate your account and this agreement and to refuse your current or future use of the Site, Services, or Games (or any portion thereof).
5. License.
Subject to all of the Terms, UORealms hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the Games and Services only on the Site solely for your personal entertainment purposes.
6. Restrictions.
You agree not to do any of the following prohibited actions:
Reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile, or disassemble in any manner the Games or Services or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
Permit any other person (including but not limited to a former member whose account UORealms has terminated) to access the Site, Services, and/or Games, or create or provide any other means through which the Games may be played by anyone besides you (e.g., through server emulators);
Upload, post, email or otherwise transmit through the Site, Services or Games any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party’s proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose (e.g., player advertisement rooms); or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Harm minors in any way;
Impersonate another user or administrator, including but not limited to a UORealms "Game Master", "Event Moderator", "Event Coordinator" or other representatives, or otherwise misrepresent your affiliation with such person;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through the Site, Services, or Games;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other members of the Services are able to type, or otherwise act in a manner that negatively affects other members’ ability to engage in real-time exchanges;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another; or
Collect or store personal data about another member without the express permission of such member.
Reveal information, to anyone without access to such information, without the express permission of a member, that (i) personally identifies such member; (ii) reveals the administrative role of such member within a game; or (iii) reveals the names of game characters identified with such member.
Lie, misrepresent yourself to, or otherwise intentionally deceive any administrator, including but not limited to a UORealms "Game Master", "Event Moderator", or "Event Coordinator".
Nor engage in any additional activities as provided under the
UORealms Games Codes of Conduct policies.
7. Content.
Participatory Content. As part of our interactive approach, UORealms provides you with certain opportunities to submit your own ideas, text, graphics, plots, characters, feedback, and other materials while you participate in the Games, bulletin boards, chat rooms, and other activities in the Site or Services (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant UORealms a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not UORealms, are entirely responsible for all of your Participatory Content that you upload, post, email, or otherwise transmit via the Site, Services, or Games.
Public Content. UORealms also offers you certain opportunities to create your own web pages and games to offer at no charge to the public and/or other members. By submitting any Public Content, you represent and warrant that you are the owner of or have the right to post your Public Content, and your Public Content does not infringe the rights of any third party. You hereby grant UORealms a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Public Content in all media now known or later developed. Notwithstanding anything to the contrary or the use of the word perpetual, you may remove your Public Content from the Site, Services, and Games at any time your account is active and in good standing and UORealmss’ license to your Public Content shall terminate at such time, except that you may not remove your Public Content after this agreement has terminated. UORealms and you may amend this provision by entering into a separate, written agreement. You, and not UORealms, are entirely responsible for all of your Public Content that you upload, post, email, or otherwise transmit via the Site, Services, or Games.
Third-Party Content. You acknowledge and agree that the Site, Services, and Games contain materials owned by UORealms and its licensors (including other members), and you agree not to interfere with the copyrights, trademarks, and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.
Content Monitoring. As a matter of policy, UORealms does not pre-screen or monitor the content that you or other members may post to the Site, Services, or Games. UORealms does reserve the right to monitor all such content and reserves the right to remove without notice any and all content that UORealms, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness, or utility of any content. UORealms makes no representations or warranties about the content appearing on the Site, Services, or Games. Under no circumstances will UORealms be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site, Services or Games.
Content Transmission. You understand that the technical processing and transmission of the Services, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.
Links. The Site, Services, and Games may provide links to other sites for your convenience only. UORealms does not control, is not responsible for, does not necessarily endorse, and makes no representation about the materials contained at any linked site. If you choose to visit any linked Sites, UORealms recommends that you review the other site’s terms of use. UORealms is not responsible for webcasting or any other form of transmission received from any linked site.
8. IDEA SUBMISSION POLICY.UOREALMS AND ITS TEAM MEMBERS DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING BUT NOT LIMITED TO IDEAS FOR ADVERTISING CAMPAIGNS, TECHNOLOGY DEVELOPMENT OR PRODUCT NAMES. PLEASE DO NOT SEND UOREALMS OR ANY OF ITS EMPLOYEES ANY UNSOLICITED MATERIALS, INCLUDING ANY ARTWORK OR DEMOS. IF ANY AREA OF THE SITE, SERVICES, OR GAMES INVITES YOU TO SUBMIT MATERIAL, SUCH SUBMISSION SHALL NOT BE DEEMED TO BE UNSOLICITED FOR PURPOSES OF THIS SECTION 8 ("IDEA SUBMISSION POLICY"). THE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES IF UOREALMSS’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO UOREALMS. UOREALMS DOES ACCEPT CERTAIN SOLICITED IDEAS PROVIDED YOU PROPERLY SUBMIT THEM THROUGH THE STORY BUILDER APPLICATION AND INCLUDE YOUR SIGNATURE. PLEASE NOTE THAT ANY MATERIAL YOU SUBMIT TO UOREALMS IN ANY MANNER WILL BE DEEMED YOUR "PARTICIPATORY CONTENT" AND SUBJECT TO THE TERMS OF SECTION 7(a)("PARTICIPATORY CONTENT").
9. Your Account is Your Responsibility.You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. UORealms encourages you to maintain the confidentiality of your password and reminds you that you do not have a license to let others use your account. You agree to notify UORealms immediately in the event your password is lost, stolen, disclosed, or compromised. It is not UORealms’ policy to ask for your password online, and UORealms suggests that you never respond to an online request for your password. You acknowledge that although the Site, Services, and/or Games may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and User ID. UORealms strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
10. Privacy.You understand that you have no expectation of privacy with respect to your use of the Site, Services, or Games and that all communications made by or received from you may be monitored, preserved, and disclosed by UORealms representatives. You hereby consent to the extraction of hardware system profile data and any data related to the operation of the software from any computer that logs on to the Site, Services, or Games using your account. You acknowledge and agree that UORealms will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. UORealms will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, UORealms may disclose information about you or your Participatory Content or Public Content if UORealms has the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any your Participatory Content and/or Public Content violates the rights of a third party; or (d) protect the rights, property or safety of UORealms, its members or the public. These Terms are also subject to UORealms’ general Privacy Policy, which is incorporated by this reference as if set out in full.
11. Charges for Service.UORealms provides a mixture of free-to-play, subscription-based, 'freemium' and merchandise (virtual and tangible) content through our Site, Services, and Games. Should you choose any service(s) which incur a cost you, by utilizing such services, acknowledge your agreement and responsibility for such charges. Such fees are payable as indicated by the selected service or services and are not refundable in whole or in part unless otherwise stated. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of the Site, Services, or Games is subject to any use, sales, or other taxes, or if UORealms offers any additional services for a fee as noted on the Site and you choose to partake in such additional fee services, then UORealms may also bill you for any such charges, which will be in addition to any other purchases. UORealms reserves the right to change its fees and billing methods at any time effective thirty (30) days after notice of the changes is posted on the Site. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued use of the Games or Services seven (7) days after the changes are posted on the Site will constitute your acceptance of such change. If you pay for the Games and/or Services by credit card, you represent and warrant that you are the authorized user of such credit card. Each month you use the Games and/or Services, you agree and reaffirm that UORealms is authorized to charge your credit card. You agree to promptly notify UORealms of any changes to your credit card account number, its expiration date, and/or your billing address, and you agree to promptly notify UORealms if your credit card expires or is canceled for any reason.
12. International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Ownership.
UORealms and its licensors shall at all times retain all rights, titles and interest in and to the Site, Services, and Games, except to the extent of the licenses granted to you hereunder.
14. Disclaimer of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UOREALMS, ITS AFFILIATES, LICENSORS, AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UOREALMS PROVIDES THE SITE, SERVICES, AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY UOREALMS IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
15. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, UOREALMS’ AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR GAMES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO UOREALMS UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
16. Consequential Damages.
IN NO EVENT WILL UOREALMS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER, CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT UOREALMS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UOREALMSS’, ITS AFFILIATES’, LICENSORS’, AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Indemnification.
You agree to defend, indemnify and hold harmless UORealms, its affiliates, licensors, and subcontractors from all liabilities, claims, and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement or portion thereof, you Participatory Content or Public Content or any act or omission by you relating the Site, Services or Games. UORealms reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
18. Termination.
Either you or UORealms may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, UORealms reserves the right to terminate the Site, Services, and/or Games, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES, AND GAMES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account UORealms has terminated may not access the Site, Services, or Games in any manner or for any reason without UORealmss’ express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following sections shall survive termination: 7(a) and (b), 8 and 14-22.
19. Amendment.
UORealms may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued access and use of the Site, Services, and/or Games seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
20. Reservation of Rights.
UORealms hereby reserves any rights not expressly granted herein.
21. General Provisions.
You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. UORealm's failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by UORealms of any provision, condition, or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Notwithstanding anything to the contrary, no default, delay, or failure to perform on the part of UORealms shall be considered a breach of this agreement if such default, delay, or failure to perform is shown to be due to causes beyond UORealm's reasonable control. This agreement is governed by and construed under Florida law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in Orange County, in the State of Florida, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys’ fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be in writing and addressed to Genie, LLC., 24A Trolley Square #2153 Wilmington, DE 19806 ATTN: UORealms Account Administration, with receipt of confirmation. UORealms may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and UORealms with respect to the subject matter referenced herein.
