ACCEPTANCE OF TERMS
SHATTERED KINGDOMS® (SK) provides its services to you, subject to the following Terms of Service (TOS), which may be updated by SK from time to time without notice to you. You should review the TOS periodically for changes which can be found at: http://www.shatteredkingdoms.org/info/terms
When using services provided by SK, you are subject to any guidelines and rules applicable to services provided. All such guides and rules are hereby incorporated by reference into the TOS.
AGE REQUIREMENT
You must be at least 18 years of age to agree to and enter this TOS agreement on your own behalf and to use the services provided by SK. If you are under 18 but at least 13 years of age, you must present this TOS agreement to you parent or legal guardian, and he or she must enter into this TOS agreement on your behalf. By indicating your acceptance to this TOS agreement, you represent that:
you have read, understand and agree to be bound by this TOS agreement; and
you are at least 18 years old, either entering into this TOS agreement for yourself or entering on behalf of a child in your legal care.
If you are a parent or guardian entering this TOS agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the services provided by SK, including legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not indicate acceptance of this TOS agreement and do not attempt to access services provided by SK.
DESCRIPTION OF SERVICE
SK provides users with access to on-line resources that include: on-line gaming, on-line forums, personalized content, and various communication tools through SK’s network of properties (the Service). Unless explicitly stated otherwise, any new features that augment or enhance the current services provided by SK, including the release of new SK properties, shall be subject to the TOS. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses to connect to use the internet.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of registration for the Service, you will be issued an account designation and password. You are fully responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your account and password. You agree to immediately notify SK of any unauthorized use of your password and/or account or any other breach of security. SK cannot and will not be liable for any loss or damage arising from your failure to comply.
MEMBER CONDUCT
All information, data, software, graphics, messages, music, and other materials (Content), publicly or privately transmitted, are the sole responsibility of the person from which the content originated. You are entirely responsible for all content that you post, email, or otherwise transmit via the Service and not SK. SK does not guarantee the accuracy, integrity or quality of any content transmitted via the Service. Furthermore, you understand that by using the Service, you may be exposed to content that is offensive or objectionable. Under no circumstances is SK liable for any content. Additionally, you hereby acknowledge that SK is under no obligation to monitor content, and you engage in utilizing said content at your own risk.
You agree to not use the Service to:
harm minors in any way;
to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
impersonate a person/entity or falsely misrepresent your affiliation with a person/entity;
manipulate identifies in order to disguise the origin of any content transmitted via the services provided by SK;
transmit any Content that you do not have a right to transmit under any laws or under contractual or fiduciary relationships;
transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
transmit any unsolicited or unauthorized form of solicitation;
transmit any material that contain computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of communication;
interfere or disrupt the Service or the servers or networks connected to the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
harass another; or
collect and/or store personal data about other users.
SK does not pre-screen Content, but SK and its designees shall have the right (but not the obligation) in their sole discretion to refuse to move or remove any Content that is available via the Service. You agree that you bear all risks associated with the use of any transmitted Content, including any reliance on the accuracy, completeness, or usefulness of such content. You also acknowledge that you may not rely on any Content created by SK or submitted to SK in all of SK’s parts and services.
You acknowledge that SK may preserve Content and disclose said Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the TOS;
respond to claims that Content violates the rights of a third party; or
protect the rights, property, or personal safety of SK, its users and the public.
PUBLICLY TRANSMITTED CONTENT
All Content that is not specifically and expressly directed to individual users or Content that is accessible by the general public via the Service is considered to be “publicly transmitted content”. With all publicly transmitted content, you grant SK the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such transmitted content, in whole or part, worldwide and/or incorporate in other works in any form, media, or technology now known or later developed.
INDEMNITY
You agree to indemnify and hold SK and its agents, employees, representatives, licensors, affiliates, parents, subsidiaries, officers, or other partners harmless from any claims, losses, causes of action, judgments or demands (including attorneys’ fees) made by any third party due to or arising out of Content you submitted in any way through the Service, your use of the Service, your violation of the TOS, or your violations of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SK may establish general practices and limits concerning use of the Service. You agree that SK has no responsibility or liability for deletion or failure to store any Content that is transmitted or maintained via the Service. You acknowledge that SK reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
SK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree SK shall not be liable to you or to any third party of any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that SK, in its sole discretion, may terminate your password and/or account (or any part thereof) or use of the services SK provides, and remove and discard any Content within the service, for any reason including but not limited to lack of use or if SK believes you have violated or acted inconsistently with the letter or spirit of the TOS. SK may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SK may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You also agree that SK shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
SK MAKES NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THOUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
ANY ERRORS IN THE SERVICE AND/OR SOFTWARE PROVIDED BY SK WILL BE CORRECTED.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH SK OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
TRADEMARK INFORMATION
The SHATTERED KINGDOMS® name is a registered trademark of Thomas E. Terrill and is used with permission. You agree not to display or use in any manner, the trademark without SK’s prior permission.
LEGAL NOTICE
This TOS agreement and any other terms or documents referred to herein represent your entire agreement with SK with respect to your use of the Service. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts of law rule, govern this TOS agreement and your use of the Service. You expressly agree that the courts in the State of California have exclusive jurisdiction over any such dispute including any claim involving SK or its parents, partners, affiliates, subsidiaries, employees, contractors, officers, agents, or directors.