I. Accessing the Service
- Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the .PlayerNet Games Agreements, .PlayerNet Games hereby grants, and you hereby accept, a limited, revocable, non-transferable, non-sub licensable, non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.
- You hereby agree to pay all charges incurred by the Account, including applicable European Union taxes, in accordance with billing terms for .PlayerNet Credits that are in effect at the time that the fee or charge becomes payable. Your right to retrieve .PlayerNet Credits is subject to any limits established by your credit card issuer, PayPal, PaymentWall, paysafecard or other payment methods authorized by .PlayerNet Games.
- .PlayerNet Games does not recognize the transfer of Accounts, and any unauthorized transfer of the Chronicles of Arcadia software will result in the permanent termination of the Account attached to that software. You may not offer any Account for sale or trade, and any such offer:
- is a violation of this Agreement;
- may result in suspension or termination of the .PlayerNet Account and its game accounts at .PlayerNet Game's sole and absolute discretion; and
- will not be opposable to .PlayerNet Games; and
- cannot be negotiated.
- Unless otherwise stated herein, there are no refunds where the Account is terminated prior to the end of a subscription period; the Service will be available for your use until such time that the then-current subscription period expires.
II. Limitations on Your Use of Chronicles of Arcadia.
- .PlayerNet Games expressly reserves the exclusive right to create derivative works based on Chronicles of Arcadia. This means that you may not create derivative works based on Chronicles of Arcadia, without the prior express, written permission of .PlayerNet Games.
- Only .PlayerNet Games have the right to host and publish Chronicles of Arcadia! Accordingly, you may not host, provide matchmaking services for, or intercept, emulate or redirect the communication protocols used by .PlayerNet Games as part of Chronicles of Arcadia, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying Chronicles of Arcadia, adding components to Chronicles of Arcadia, or using a utility program to host Chronicles of Arcadia.
- You agree that you will not:
- modify or cause to be modified any files that are part of a Chronicles of Arcadia installation;
- create or use cheats, mods, hacks, clickers or any other third-party software designed to modify the Chronicles of Arcadia experience;
- use any third-party software that intercepts, "data", or otherwise collects information from or through Chronicles of Arcadia;
- offer, buy, or sell gold, weapons, armor, account, or any other virtual items for "real" money that may be used in Chronicles of Arcadia outside of the Chronicles of Arcadia supported features;
- let any third person (except for a minor for whom you opened the Account) play on your Account including, but not limited to, using so-called "power leveling services", i.e. paying a third person for playing on your Account; or
- play on the Account of a third person including, but not limited to, providing so-called "power leveling services";
- use more than three game accounts simultaneously;
- eavesdrop, intercept or monitor any oral communication which is not intended for you or use any tool designed to distort or prevent oral communication of the users.
- Notwithstanding the foregoing, you may not update Chronicles of Arcadia with non-authorized patches and updates which are not distributed by .PlayerNet Games, and use authorized Third Party User Interfaces as set forth in Section XIV 7 below; or
- whether intentionally or unintentionally, violate any applicable local, European Union, national or international law or regulation in connection with your use of Chronicles of Arcadia or the Service.
- You may not institute, assist, or become involved in an attack upon any Chronicles of Arcadia server or otherwise attempt to disrupt the Chronicles of Arcadia servers. You may not institute any such attack which results in the disruption of any other player's Chronicles of Arcadia experience. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE Chronicles of Arcadia OR UNDERMINE THE LEGITIMATE OPERATION OF Chronicles of Arcadia IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, .PLAYERNET GAMES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
III. Chronicles of Arcadia Rules of Conduct.
- Rules Related to Character Names. Choosing a character or guild name is a very important task as it represents you in the game. When choosing a character or guild name to represent you, .PlayerNet Games asks that you choose sensibly and wisely. Your character name and/or guild name which is seen by other players in game and on the .PlayerNet services must adhere to the following guidelines:
- Belonging to another person, or guild with the intent to impersonate them, including without limitation a "Game Master" or any other employee or agent of .PlayerNet Games;
- That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity, or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
- Taken from .PlayerNet Game's products, including character names from Dalanis Nightmare, Return of Pakal, Temple of Tikal;
- Belonging to any religious figure or deity;
- Related to drugs, sex, alcohol, or criminal activity;
- Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
- Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
- Referring to pop culture icons or persona;
- That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
- That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g., "CorporalTed," or "GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
- Rules Related to "Chat", Interaction With Other Users or With .PlayerNet Games Representatives. As part of the game, you may communicate with other users both in writing and orally. Communicating with other users and with .PlayerNet Games representatives, in writing or orally, is an integral part of Chronicles of Arcadia and is referred to in this document together as "Chat". .PlayerNet Games does not eavesdrop or monitor the content of your oral communication . Your written communication may be subject to review, modification, and/or deletion by .PlayerNet Games without notice to you. Additionally, you hereby acknowledge that .PlayerNet Games is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in Chronicles of Arcadia, or otherwise utilizing Chronicles of Arcadia, you may not:
- Transmit or post any content or use any language, in writing or orally, which, in the sole and absolute discretion of .PlayerNet Games, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
- Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat, or using tools that distort or interfere with oral communication of the users;
- Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and service available outside of the Chronicles of Arcadia universe;
- Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services;
- Communicate or post any own or user's personal information in or on the Chronicles of Arcadia chat channels, or websites or forums related to Chronicles of Arcadia;
- Use bots or other automated techniques to collect information from Chronicles of Arcadia or any forum or website owned or administered by .PlayerNet Games;
- Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of Chronicles of Arcadia or to .PlayerNet Games representatives;
- Cheat or utilize Chronicles of Arcadia "exploits" in any way, including without limitation modification of the game program files;
- Participate in any action that, in the sole and absolute opinion of .PlayerNet Games, results or may result in an authorized user of Chronicles of Arcadia being "scammed" or defrauded out of ingame currency, etc., weapons, armour, or any other items that user has earned through authorized game play in Chronicles of Arcadia.
- Communicate in any way that makes it appear that the communication originates from any other person, guild, business or entity, including an employees of .PlayerNet Games.
- Spread false information regarding other players, guilds or .PlayerNet Games employees.
- Advertise other servers of the game.
- Transmit, post, or engage in discussions, either in writing or orally, about drugs, sex, alcohol, or any form of criminal activity. This includes but is not limited to the promotion, endorsement, or glorification of illegal drugs, excessive alcohol consumption, sexually explicit content, or any form of unlawful behavior.
- Using or exploiting errors/bugs in design, features which have not been documented, to gain access that is otherwise not available, or to obtain a competitive advantage over other players, including not reporting these bugs and steps to reproduce.
- Connecting, or creating tools that allow you to connect, to Chronicles of Arcadia's proprietary interface or interfaces, other than those explicitly provided by .PlayerNet Games for your use.
- Using tools that hack or otherwise alter the Chronicles of Arcadia client or server software.
- Using software products that "packet sniff" or provide scripting and/or macroing to obtain information from Chronicles of Arcadia.
- Using an account only or mainly to trade in-game currencies in Auction House.
- Anything that .PlayerNet Games considers contrary to the "essence" of Chronicles of Arcadia.
IV. Consequences of Violating the Rules of Conduct.
.PlayerNet Games may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of Chronicles of Arcadia. Violation of any of the Rules of Conduct set forth above may result in actions being taken by .PlayerNet Games, effective immediately or at a time determined by .PlayerNet Games, which may include without limitation:
- Temporarily suspending your access to Chronicles of Arcadia,
- Permanently terminating your access to Chronicles of Arcadia (see Article XIII, Section 2 below),
- Modify a character or an Account, including without limitation, reducing or removing experience points, skills, levels, in-game currency or items; or
V. Experience Reimbursement.
First and foremost, nothing in these rules will ever place a "duty" upon .PlayerNet Games to reimburse you by providing experience credit for any experience lost for any reason, unless such loss was caused by .PlayerNet Game's negligence. That being said, .PlayerNet Games may, at its sole and absolute option, determine to reimburse experience lost by players in certain extreme and unusual situations. For instance, .PlayerNet Games may decide to reimburse experience lost in the event of a catastrophic server failure. In no event is .PlayerNet Games obligated to provide any monetary reimbursement or monetary credit.
VI. Selling of Items.
VII. Online Duration.
Chronicles of Arcadia is an 'on-line' game that must be played over the Internet through the Service, as provided by .PlayerNet Games. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. .PlayerNet Games will use reasonable efforts to provide the Service all day, every day. However, .PlayerNet Games reserves the right to temporarily suspend the Service for maintenance, testing, replacement and repair of the physical equipment related to Chronicles of Arcadia, as well as for transmission interruption or any other operational needs of the system. .PlayerNet Games will provide you with 12 hours advance notice of any temporary suspension of Chronicles of Arcadia on Chronicles of Arcadia’s log-in screen, except in case of urgency. .PlayerNet Games agrees to provide the servers and software necessary to access the Service until such time as Chronicles of Arcadia is "Out of Publication." Chronicles of Arcadia shall be considered "Out of Publication" following the date that Chronicles of Arcadia is no longer manufactured and/or distributed by .PlayerNet Games, or its affiliates. Thereafter, .PlayerNet Games may, in its sole and absolute discretion, continue to provide the Service or license to third parties the right to provide the Service. However, nothing contained herein shall be construed so as to place an obligation upon .PlayerNet Games to provide the Service beyond the time that Chronicles of Arcadia is Out of Publication. In the event that .PlayerNet Games determines that it is in its best interest to cease providing the Service, or license to a third party the right to provide the Service, .PlayerNet Games shall provide you with no less than three (3) months prior notice. Neither the Service nor .PlayerNet Game's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of .PlayerNet Game's servers or other technology.
VIII. Testing, Maintenance, and Other Potential Interruptions in the Service.
.PlayerNet Games shall give users notice on the Chronicles of Arcadia "Home Pages" prior to .PlayerNet Games installing software upgrades, performing testing, or performing maintenance on the servers, data transmission lines, and other systems related to Chronicles of Arcadia, and/or in the manner set forth in Article XII, below, whenever possible. Note that it is your responsibility to be aware of such notices, and you hereby acknowledge and agree that .PlayerNet Games shall not be responsible for any damages which may arise from your failure to read and/or be aware of these publicly posted notices. Additionally, .PlayerNet Games may be required to "shut down" one or more servers to repair the hardware, or software, related to Chronicles of Arcadia. While it is .PlayerNet Game's intention to provide the Service all day, every day, you hereby acknowledge that .PlayerNet Games reserves the right to temporarily suspend the Service for maintenance, testing, replacement and repair of the telecommunications equipment related to Chronicles of Arcadia, as well as for transmission interruption or any other operational needs of the system.
The present refund regulations do not affect or restrict the statutory refund claims you may have. This is an additional refund opportunity contractually offered by .PlayerNet Games.
- In the event that you purchased .PlayerNet Credits, verified paid but never received in your Account within five work days, .PlayerNet Games shall provide you a refund.
- If you exchange your .PlayerNet Credits for Chronicles of Arcadia Diamonds or Items by accidental intentions and without knowledge of current discounts, or you will exchange diamonds into items, .PlayerNet Games shall not recognize a refund. .PlayerNet Games may announce discounts before the discounts become active and usable. Please note that you are required to read the announcements and the discount notifications on the payment and exchange pages. Exchange and/or purchase of game currency without knowledge of current information is at own risk.
All title, ownership rights and intellectual property rights in and to Chronicles of Arcadia (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into Chronicles of Arcadia, transcripts of the chat rooms, character profile information, recordings of games played on Chronicles of Arcadia, and the Chronicles of Arcadia client and server software) are owned by .PlayerNet Games. Chronicles of Arcadia is protected by the copyright laws of The European Union, international copyright treaties and conventions, and other laws. All rights are reserved. Chronicles of Arcadia may contain certain licensed materials, and .PlayerNet Game's licensor's may protect their rights in the event of any violation of this Agreement.
XII. Chronicles of Arcadia and Video Hosting Services.
Beginning on the Effective Date, you shall receive access to both the Chronicles of Arcadia online game. You may record Chronicles of Arcadia game play and host on Video Hosting Services such as YouTube, Vimeo, etc. (“Video Hosting”) to share your game play. However, you may not;
- Use “Video Hosting” service to abuse for a negative propaganda against Chronicles of Arcadia, .PlayerNet games, and all its relations;
- Use “Video Hosting” service to publish hack content, attempts of cheats, hacks, exploit, etc.
- Use “Video Hosting” service to violate all .PlayerNet Games Agreements;
This Agreement is effective until the end of the term it is concluded for, unless terminated earlier by either party under the following conditions:
- You are entitled to terminate this Agreement under the conditions set forth in Section IX and X herein, as well as for personal bankruptcy, imprisonment, hospitalization for a period exceeding three (3) months, or for any other legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by mail to the following address: .PlayerNet Games - Support Clients – [email protected]@playernetgames.net.
XIV. Acknowledgements. You hereby acknowledge that:
- DURING YOUR REGISTRATION FOR THE .PLEYERNET SERVICE YOU GRANT YOUR CONSENT TO THE FOLLOWING: WHEN RUNNING, THE Chronicles of Arcadia CLIENT MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH Chronicles of Arcadia. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "MOD," THAT IN .PLAYERNET GAME'S SOLE DETERMINATION: (1) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (2) ALLOWS USERS TO MODIFY OR HACK THE Chronicles of Arcadia INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY .PLAYERNET GAMES; OR (3) INTERCEPTS, "DATA," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH Chronicles of Arcadia; (4) IN THE EVENT THAT Chronicles of Arcadia DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, .PLAYERNET GAMES MAY (a) COMMUNICATE INFORMATION BACK TO .PLAYERNET GAMES, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY .PLAYERNET GAMES, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Chronicles of Arcadia's servers.
- .PlayerNet Games has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.
- .PlayerNet Games has the right to obtain "non-personal" data from your connection to Chronicles of Arcadia in order to make certain demographic assumptions regarding the users of Chronicles of Arcadia without any further notice to you.
- In order to assist .PlayerNet Games to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that .PlayerNet Games shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit
- .PLAYERNET GAMES DOES NOT WARRANT THAT Chronicles of Arcadia WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT Chronicles of Arcadia OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. .PlayerNet Games expressly notifies you that it is not possible to develop complex software products that are completely free of technical defects. The contractually-specified characteristics of the software and the service to be provided by .PlayerNet Games does not require that the software be completely free of programming errors but merely that the software be free of programming errors that materially impair its use.
- The use of any "user interface" other than the user interface that is included in the Chronicles of Arcadia Software ("Third Party User Interface") is not recommended by .PlayerNet Games, and you hereby agree to indemnify and hold harmless .PlayerNet Games from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that .PlayerNet Games elects to post a list of approved Third-Party User Interfaces and add-ons on its website, you agree that you will use only those Third-Party User Interfaces approved by .PlayerNet Games, and that you will use no other Third-Party User Interfaces in connection with Chronicles of Arcadia.
- You may not be able to access Chronicles of Arcadia whenever you want, and there may be extended periods of time where you cannot access Chronicles of Arcadia.
- .PlayerNet Games shall not be held liable for any delay or failure to perform under any circumstances resulting from causes outside the reasonable control of .PlayerNet Games; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond .PlayerNet Game's control such as acts of The Prime Creator, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Chronicles of Arcadia requires the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, weapons, armour, quests, loot, etc. ("Game Data"), which are stored by .PlayerNet Games. Keeping Game Data safe is a priority of .PlayerNet Games. .PlayerNet Games will use reasonable efforts to restore the Game Data, unless you negligently or intentionally caused the loss of the Game Data.
- If and as far as necessary to operate the Service in accordance with the terms contained herein, in particular to keep a balanced and enjoyable gaming experience for all players .PlayerNet Games reserves the right to modify or delete Game Data.
XV. Limitation of Liability.
- .PlayerNet Games is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence. However, .PlayerNet Games is not liable (i) for damages arising as result of any injury to life, limb or health or (ii) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
- Without limiting the liability under Article XV.1. above, .PlayerNet Games is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
- This Agreement shall be governed by and construed in accordance with the laws applicable in your country of residence. Those who choose to access Chronicles of Arcadia through the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Chronicles of Arcadia, the Service and all related software is further subject to applicable export controls. The software utilized by Chronicles of Arcadia and/or the Service may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria or any other country to which the European Union has embargoed goods; or to anyone on the European Union Treasury Department's list of Specially Designated Nationals or the EU Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
© 2014 .PlayerNet Games. All rights reserved. Chronicles of Arcadia and .PlayerNet Games are trademarks or registered trademarks, of .PlayerNet Games, in the European Union and/or other countries. All rights are reserved.