Terms of Service

Please, do not edit this page. Even if you can. This possibly outdated copy is available here solely for your convenience. Read the original document here. Last updated April 23rd, 2010.

TERMS OF USE FOR FREE ALLEGIANCE

THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH THE FREE ALLEGIANCE ORGANIZATION (COLLECTIVELY, "WE" OR "FAO") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY THE FREE ALLEGIANCE ONLINE COMPUTER GAME (THE "GAME"). BY CREATING AN ACCOUNT, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. TO DECLINE THE TERMS AND CONDITIONS, YOU MUST NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSESSION.

1. • Accounts are available only to adults or, in their discretion, their minor child of at least thirteen years of age (for the purposes of this Agreement, a "minor child" is a person of at least thirteen years of age who has not reached the age of majority under the law of the jurisdiction in which he or she resides).
   • If you are a minor child, your parent or guardian must complete the registration process, in which case he or she takes full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are accepting this Agreement either on behalf of yourself or your minor child.
   • You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one minor child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their minor child. Corporations and other entities are not eligible to procure Accounts.
2. • To play the Game, you must have an Internet connection (which we do not provide or pay for) to access your Account. You are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account.
   • Neither this Agreement nor your Account entitles you to any subsequent releases of the Game and/or the Software, any expansion packs nor similar ancillary products. You understand that we may update or otherwise enhance the Game and/or the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
   • You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.
3. • We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever you agree to the amendments by accessing your Account or playing the Game after we make the notification available for your review.
4. • In the Account registration process, you will be required to choose a login name and a password. While you are encouraged to use a pseudonym, especially if you are a minor child, you may not choose a login name that violates anyone's trademarks, publicity rights or other proprietary rights.
   • You may not disclose your password to any third party. We never ask you for your password by email, and you should not disclose it via email if someone asks you to do so.
   • Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account.
5. • We may terminate this Agreement and/or suspend your Account immediately and without notice:
   1. if you violate any provision of this Agreement;
   2. if you infringe any third party intellectual property rights;
   3. if we are unable to verify or authenticate any information you provide to us;
   4. if you violate any of the player Rules of Conduct located at the Game Site at http: http://www.freeallegiance.org/documents/FAOROC.htm (either of which we may amend or supplement from time to time, in our discretion), or
   5. if you engage in game play, chat or any player activity whatsoever which we, in our discretion, determine is inappropriate and/or in violation of the spirit of the Game.
   • If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension.
     We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game.
6. • You acknowledge that you are bound by the terms and conditions of the Software License that accompanies the Game. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the software, artwork, music, and other components included in the accompanying installation media (the "Software") or the Game, including, without limitation, in any persona(s), statistics, or other material or property.
   • You may not use any third party software to modify the Software or to change game play.
   • You may not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators; additionally, you may not engage in matchmaking for multi-player play over unauthorized networks.
   • You may not decrypt or modify any data transmitted between client and server; you may not use or distribute macros or other programs which would allow unattended game play.
   • You may not take any action which imposes an unreasonable or disproportionately large load (as determined by us) on our infrastructure.
   • You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Account or any Game personas, statistics, or copyrighted material or any other intellectual property owned or controlled by us or our licensors.
7. As part of your Account, you can upload content to our servers, or submit content to be used on our servers in various forms, such as in the selections you make for the Game, in-game chat, game cores, artwork, forum posts, and in chat rooms and similar user-to-user areas (collectively, your "Content").
   • If we, or our licensors, can reasonably construe that your Content contains any material that infringes any of our respective or collective intellectual property interests (hereafter, such Content shall be referred to as "Derivative Content"), you hereby acknowledge and agree that any such Derivative Content is owned by our licensors or us.
   • For any of your Content that is not a Derivative Content, you hereby exclusively grant and irrevocably assign to our licensors and us all rights of any kind or nature throughout the universe to such Content (including all ancillary and subsidiary rights thereto which include, without limitation, merchandising and interactive media rights) in any languages and media now known or not currently known.
   • To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you hereby exclusively grant to our licensors and us a universal, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content, and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known.
   • You hereby appoint our licensors and us as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf (either jointly or separately) and to execute, deliver, record and file such documents necessary to document, perfect, protect and enforce the rights granted to both our licensors and us under this Agreement.
   • our Content shall not:
   1. infringe any third party intellectual property, other proprietary or publicity/privacy rights;
   2. violate any law or regulation;
   3. be defamatory, obscene, child pornographic or harmful to minors; or
   4. contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, decrypt, intercept or expropriate any system, data or personal information.
   • We may take any action with respect to your Content if we believe it may create liability for our licensors or us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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   • We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.
   • For persons in European Union countries, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "Directive"). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. You acknowledge and agree that we may transfer such information (including, without limitation your personally identifiable information or personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game; you should be aware that different laws and/or regulations may apply outside the European Union with respect to your personal data. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging.
   • You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf. You may choose to visit http://www.freeallegiance.org ("The Boards"), FAO's web site, if FAO offers services such as a Game themed chat room or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of FAO while on The Boards.
   • Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others.
   • Solely for the purpose of patching and updating the Game and/or the Software, you hereby grant us permission to:
   1. upload Game file information from your computer; and
   2. download Game files to you.
   • You acknowledge that any and all persona data is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive.
9. • FAO EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
10. • WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, YOUR ACCOUNT OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER. FURTHER, WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT, AND THERE MAY BE EXTENDED PERIODS OF TIME WHEN YOU CANNOT ACCESS YOUR ACCOUNT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE GAME IN CONNECTION WITH YOUR HARDWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION OF YOUR HARDWARE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL.
11. • IN NO EVENT SHALL FAO, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND - TO THE EXTENT PERMITTED BY APPLICABLE LAW - DAMAGES FOR PERSONAL INJURY, EVEN IF FAO, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF FAO, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $0. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST FAO, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE FAO AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
12. • You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations.
13. • This Agreement is governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You and FAO all submit to personal jurisdiction in North Carolina and further agree that any cause of action relating to this Agreement, your Account and/or the Game shall be brought and maintained in a court in Wake County, North Carolina or, at FAO's option, in the state courts located within the County of Wake, State of North Carolina, or the federal courts of the Central District of North Carolina, and you waive any claim that either such forum is inconvenient.
    • If any provision of this Agreement is held to be invalid or unenforceable under the laws of your jurisdiction, such provision shall be struck and the remaining provisions shall be enforced - nothing herein is intended to interfere with your statutory rights except to the extent permitted under applicable law. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    • You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void.
    • This Agreement sets forth the entire understanding and agreement between you and FAO with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at www.safetysurf.com or other similar sites providing information on such protections.

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