|
|
| (8 intermediate revisions by 4 users not shown) |
| Line 1: |
Line 1: |
| − | Three Rings Terms of Service
| + | See our Terms of Service here: http://www.spiralknights.com/tos.xhtml |
| − | | + | |
| − | By registering and creating an account with Three Rings you agree to comply
| + | |
| − | with all these terms. If you do not agree with these terms, do not create an
| + | |
| − | account and do not continue to use the www.spiralknights.com site or other
| + | |
| − | Three Rings site. If you have an existing account and do not agree with these
| + | |
| − | terms, please go the registration page and delete your account.
| + | |
| − | | + | |
| − | 1. Services. Spiral Knights is an internet service that allows you to play an
| + | |
| − | online game in which the places, characters, plots and other content may be
| + | |
| − | created by you, other members, Three Rings or other parties. In addition the
| + | |
| − | Spiral Knights web site provides bulletin boards and other game related
| + | |
| − | services. The www.spiralknights.com web site, game, and other services are
| + | |
| − | collectively referred to as Spiral Knights.
| + | |
| − | | + | |
| − | 2. Age Requirement. You must be at least thirteen (13) years of age to use
| + | |
| − | Spiral Knights. You represent, warrant and covenant that you meet this age
| + | |
| − | requirement.
| + | |
| − | | + | |
| − | 3. Access. You must have access to the Internet in order to use Spiral
| + | |
| − | Knights. It is your responsibility to select, obtain and pay for any equipment
| + | |
| − | or services necessary for access.
| + | |
| − | | + | |
| − | 4. Registration. If you accept the terms, Three Rings will process your
| + | |
| − | registration form and establish a user account.
| + | |
| − | | + | |
| − | You must select a user ID to identify you to Three Rings and other users of
| + | |
| − | the Spiral Knights web site. 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 Three Rings deems in
| + | |
| − | its sole discretion to be vulgar or otherwise offensive. Three Rings 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.
| + | |
| − | | + | |
| − | Three Rings recommends that you choose a password 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 Three Rings has reasonable grounds to suspect that
| + | |
| − | you have, Three Rings has the right upon notice to suspend or terminate your
| + | |
| − | account and this agreement and to refuse your current or future use of Spiral
| + | |
| − | Knights (or any portion thereof).
| + | |
| − | | + | |
| − | 5. License. Subject to all of the Terms, Three Rings hereby grants you a
| + | |
| − | personal, non-exclusive, non-transferable license to access the Site and to
| + | |
| − | use Spiral Knights only on the Site solely for your personal entertainment
| + | |
| − | purposes. Three Rings may revoke this license at any time and for any
| + | |
| − | reason. Specifically if you breach the terms of service we will ban your
| + | |
| − | account. The terms of such terminations are explained in section 9.
| + | |
| − | | + | |
| − | 6. Restrictions. You agree not to do any of the following prohibited
| + | |
| − | actions:
| + | |
| − | | + | |
| − | 1. reproduce, distribute, publicly display or perform, translate, modify,
| + | |
| − | adapt, create derivative works from, deconstruct, reverse engineer,
| + | |
| − | decompile or disassemble in any manner Spiral Knights 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;
| + | |
| − | | + | |
| − | 2. permit any other person (including but not limited to a former member
| + | |
| − | whose account Three Rings has terminated) to access Spiral Knights, or
| + | |
| − | create or provide any other means through which the Games may be played
| + | |
| − | by anyone besides you (e.g., through server emulators);
| + | |
| − | | + | |
| − | 3. upload, post, email or otherwise transmit through Spiral Knights 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; 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;
| + | |
| − | | + | |
| − | 4. harm minors in any way;
| + | |
| − | | + | |
| − | 5. impersonate another user or administrator;
| + | |
| − | | + | |
| − | 6. forge headers or otherwise manipulate identifiers in order to disguise
| + | |
| − | the origin of any materials you or another party transmit through
| + | |
| − | Spiral Knights;
| + | |
| − | | + | |
| − | 7. 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;
| + | |
| − | | + | |
| − | 8. 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;
| + | |
| − | | + | |
| − | 9. 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;
| + | |
| − | | + | |
| − | 10. "stalk" or otherwise harass another; or
| + | |
| − | | + | |
| − | 11. collect or store personal data about another member without the
| + | |
| − | express permission of such member.
| + | |
| − | | + | |
| − | 12. reveal personal data about another member--including but not limited
| + | |
| − | to personally identifiable information about the member,
| + | |
| − | administrative role of the member within a game, and information about
| + | |
| − | game characters associated with the member--without the express
| + | |
| − | permission of such member.
| + | |
| − | | + | |
| − | 13. modify any files or use any game hacking/altering/cheating software or
| + | |
| − | tools, including scripting or macroing software, or attempt to
| + | |
| − | disassemble the game client and/or decipher the data transmissions
| + | |
| − | between Spiral Knights' client and server. These activities will result
| + | |
| − | in immediate termination of the Player's Account and may subject you to
| + | |
| − | civil and/or criminal liability.
| + | |
| − | | + | |
| − | 14. engage in any behavior that is contrary to the 'spirit of the game'
| + | |
| − | as defined by Three Rings in its sole discretion. This includes the
| + | |
| − | manipulation of the game environment.
| + | |
| − | | + | |
| − | 15. play Spiral Knights on any server or service that is not provided or
| + | |
| − | authorized by Three Rings.
| + | |
| − | | + | |
| − | 7. Content.
| + | |
| − | | + | |
| − | 1. Participatory Content. As part of our interactive approach, Three
| + | |
| − | Rings 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 Three Rings 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 Three Rings, are entirely responsible for all of your
| + | |
| − | Participatory Content that you upload, post, email or otherwise
| + | |
| − | transmit via the Site, Services or Games.
| + | |
| − | | + | |
| − | 2. Third Party Content. You acknowledge and agree that the Site, Services
| + | |
| − | and Games contain materials owned by Three Rings and its licensors
| + | |
| − | (including other members), and you agree not to interfere 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.
| + | |
| − | | + | |
| − | 3. Content Monitoring. As a matter of policy, Three Rings does not
| + | |
| − | manually pre-screen or monitor the content that you or other members
| + | |
| − | may post to the Spiral Knights site or game. Three Rings does use
| + | |
| − | automated mechanisms as necessary to filter obscene or vulgar language,
| + | |
| − | mechanisms which are under user control (see the Options panel). Three
| + | |
| − | Rings does reserve the right to monitor all such content, and reserves
| + | |
| − | the right to remove without notice any and all content that Three
| + | |
| − | Rings, 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. Three Rings makes no representations or warranties
| + | |
| − | about the content appearing in Spiral Knights. Under no circumstances
| + | |
| − | will Three Rings 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 Spiral Knights.
| + | |
| − | | + | |
| − | 4. Mature Content. Three Rings has adopted a "MATURE" rating, and parts
| + | |
| − | of the Site, Services and/or Games contain adult or mature content
| + | |
| − | that some users may consider offensive, indecent or
| + | |
| − | objectionable. While Three Rings has established a list of
| + | |
| − | restrictions (section 6) and may in some instances choose to monitor
| + | |
| − | and take action upon inappropriate game play, chat or links to the
| + | |
| − | Services, it is possible that at any time there may be language or
| + | |
| − | other material accessible on or through the Site, Services or Games
| + | |
| − | that may be offensive or objectionable to some users.
| + | |
| − | | + | |
| − | 5. 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 technical requirements of
| + | |
| − | connecting networks or devices.
| + | |
| − | | + | |
| − | 6. Links. The Site, Services and Games may provide links to other sites
| + | |
| − | for your convenience only. Three Rings 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, Three Rings recommends that you
| + | |
| − | review the other site's terms of use. Three Rings is not responsible
| + | |
| − | for webcasting or any other form of transmission received from any
| + | |
| − | linked site.
| + | |
| − | | + | |
| − | 7. Names. In creating your character in Spiral Knights we ask that you use
| + | |
| − | names appropriate for the setting. Do not use names that violate these
| + | |
| − | terms, that might be offensive to other players, or that include
| + | |
| − | copyright or trademark characters or products. Avoid names that are
| + | |
| − | from or imply popular media and culture. Three Rings will arbitrarily
| + | |
| − | change any names it considers unsuitable, or ban the accounts
| + | |
| − | associated. Other than in these circumstances, names will not
| + | |
| − | generally be changed.
| + | |
| − | | + | |
| − | 8. Auctions and Sales. It is against Three Rings policy to allow
| + | |
| − | accounts, characters, items, or money to be sold for real money on
| + | |
| − | auction sites or otherwise. We will ask auction sites to respect this
| + | |
| − | policy. We will terminate accounts that we believe are in violation of
| + | |
| − | this policy.
| + | |
| − | | + | |
| − | 8. Idea submission policy. Three Rings and its employees 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 Three Rings 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 as a portfolio URL for a job
| + | |
| − | application, 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 Three Rings'
| + | |
| − | products or marketing strategies might seem similar to ideas submitted to
| + | |
| − | Three Rings. Please note that any material you submit to Three Rings in any
| + | |
| − | manner, aside from examples of prior work as part of a job application, will
| + | |
| − | be deemed your "Participatory Content" and subject to the terms of section
| + | |
| − | 7.1 ("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. Three Rings 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 Three Rings immediately in the event your
| + | |
| − | password is lost, stolen, disclosed or compromised. It is not Three Rings'
| + | |
| − | policy to ask for your password online, and Three Rings suggests that you
| + | |
| − | never respond to an on-line 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. Three Rings 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 Three Rings representatives. You hereby consent to the
| + | |
| − | extraction of hardware system profile data and any data related to operation
| + | |
| − | of the software from any computer that logs on to the Site, Services or
| + | |
| − | Games using your account. You acknowledge and agree that Three Rings will
| + | |
| − | report to law enforcement authorities any actions which may be considered
| + | |
| − | illegal, as well as any reports it receives of such conduct. Three Rings
| + | |
| − | will cooperate fully with law enforcement agencies in any investigation of
| + | |
| − | alleged illegal activity. Specifically, Three Rings may disclose information
| + | |
| − | about you or your Participatory Content if Three Rings 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 of your
| + | |
| − | Participatory Content violates the rights of a third party; or (d) protect
| + | |
| − | the rights, property or safety of Three Rings, its members or the
| + | |
| − | public. These Terms are also subject to Three Rings' general Privacy Policy,
| + | |
| − | which is incorporated by this reference as if set out in full.
| + | |
| − | | + | |
| − | 12. Charges for Service. Three Rings charges an optional fee for services
| + | |
| − | ("Premium Services") for the use of Spiral Knights. The current prices may
| + | |
| − | be found in the Billing System (http://billing.spiralknights.com/billing/).
| + | |
| − | You may be eligible to play for free during a Free Trial or Beta test period.
| + | |
| − | YOUR FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN
| + | |
| − | PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT
| + | |
| − | AUTHORIZED BY YOU. If your use of Spiral Knights is subject to any use, sales
| + | |
| − | or other taxes, or if Three Rings offers any additional services for a fee as
| + | |
| − | noted on the Site and you choose to partake in such additional fee-services,
| + | |
| − | then Three Rings may also bill you for any such charges, which will be in
| + | |
| − | addition to the rates noted here. Three Rings reserves the right to change
| + | |
| − | its fees and billing methods at any time effective thirty (30) days after
| + | |
| − | notice of the changes are 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. You agree to promptly notify Three
| + | |
| − | Rings of any changes to your credit card account number, its expiration date
| + | |
| − | and/or your billing address, and you agree to promptly notify Three Rings if
| + | |
| − | your credit card expires or is canceled for any reason.
| + | |
| − | | + | |
| − | 13. 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.
| + | |
| − | | + | |
| − | 14. Ownership. Three Rings and its licensors shall at all times retain all
| + | |
| − | right, title and interest in and to the Site, Services and Games, except to
| + | |
| − | the extent of the licenses granted to you hereunder. Three Rings, Spiral
| + | |
| − | Knights and other products referenced herein are either trademarks or
| + | |
| − | registered trademarks of Three Rings.
| + | |
| − | | + | |
| − | 15. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THREE
| + | |
| − | RINGS, 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. THREE RINGS PROVIDES
| + | |
| − | THE SITE, SERVICES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR
| + | |
| − | PROVIDED BY THREE RINGS 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.
| + | |
| − | | + | |
| − | 16. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THREE
| + | |
| − | RINGS' 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 THREE RINGS
| + | |
| − | 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.
| + | |
| − | | + | |
| − | 17. Consequential Damages. IN NO EVENT WILL THREE RINGS, 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 THREE RINGS, 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, THREE RINGS', ITS
| + | |
| − | AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE
| + | |
| − | EXTENT PERMITTED BY LAW.
| + | |
| − | | + | |
| − | 18. Indemnification. You agree to defend, indemnify and hold harmless Three
| + | |
| − | Rings, 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 hereof, you Participatory Content
| + | |
| − | or Public Content or any act or omission by you relating the Site, Services
| + | |
| − | or Games. Three Rings reserves the right to assume its own defense and/or
| + | |
| − | control of any matter otherwise subject to indemnification by you hereunder.
| + | |
| − | | + | |
| − | 19. Termination. Either you or Three Rings may terminate your account and
| + | |
| − | this agreement upon notice at any time without further obligation to the
| + | |
| − | other. Further, Three Rings 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 SERVICES THAT YOU PURCHASED OR RECEIVED PRIOR
| + | |
| − | TO TERMINATION. A member whose account Three Rings has terminated may not
| + | |
| − | access the Site, Services or Games in any manner or for any reason without
| + | |
| − | Three Rings' 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(1) and (2), 8 and 14-22.
| + | |
| − | | + | |
| − | 20. Amendment. Three Rings 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.
| + | |
| − | | + | |
| − | 21. Reservation of Rights. Three Rings hereby reserves any rights not
| + | |
| − | expressly granted herein.
| + | |
| − | | + | |
| − | 22. 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. Three Rings' 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 Three Rings
| + | |
| − | 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 Three Rings shall be
| + | |
| − | considered a breach of this agreement if such default, delay or failure to
| + | |
| − | perform is shown to be due to causes beyond Three Rings' reasonable
| + | |
| − | control. This agreement is governed by and construed under California law
| + | |
| − | without regard to its conflict of law principles, and you agree to submit to
| + | |
| − | the jurisdiction of the courts located in San Francisco County, in the State
| + | |
| − | of California, 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 sent via email to
| + | |
| − | tos@threerings.net. Our telephone number is 415 615 9596 but we do not | + | |
| − | provide telephone support and discourage you from calling this number. Three
| + | |
| − | Rings 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 Three Rings with respect to the subject matter referenced herein.
| + | |
| − | | + | |
| − | Changes to the Terms of Service
| + | |
| − | | + | |
| − | Three Rings may update the terms of service. We will notify you about
| + | |
| − | significant changes by placing a prominent link on our site.
| + | |
| − | | + | |
| − | Questions and Suggestions
| + | |
| − | | + | |
| − | If you have questions or suggestions, please email us at tos@threerings.net.
| + | |
