Deloria Online End-User License Agreement |
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1. TERMS OF AGREEMENT Nexemis Studios (Jeffrey O'Blenis) extends to the user the ability to play it's multi-player online computer game "Deloria Online" with the acceptance of all terms and conditions contained in this Agreement and your compliance with the Deloria Online Rules of Conduct. By downloading, installing and/or playing Deloria Online you agree to both the Terms of Agreement and the Rules of Conduct set by Nexemis Studios for Deloria Online.
2. DEFINITIONS (A) "Intellectual Property" means all copyrights, trademarks, service marks, designs and any other intellectual property rights in or related to the Game or Technical Information. (B) "Technical Information" means the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relative to the Game and the installation, operation, maintenance, service and thereof. (C) "End Users" means the users of the Game through network game service system established and operated with individually assigned ID numbers for each End User. (D) "Account ID" means the account you create to connect to the game servers. Each character has an Account ID associated with it. Deloria Online accounts are the property of Nexemis Studios. (E) "Character Name" means the name you choose to identify your in-game character with. This Character Name will be visible for other players on the game to see. All Character names are attached to their respective Account ID's.
3. AMENDMENTS This User agreement (the "Agreement") comprises the entire agreement between Nexemis Studios and the User, and supersedes any prior agreements between the User and Nexemis Studios with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by Nexemis Studios and/or which may apply when using third party content or services. Nexemis Studios may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the Deloria Online web site (http://deloria.online). User hereby agrees to review this Agreement by accessing the website periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof and cease from using the game in any manner. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
4. DESCRIPTION OF SERVICE Nexemis Studios offers Deloria Online as an online fantasy role-playing game service accessible through the Internet "The Web Site" (http://deloria.online). Nexemis Studios reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software, which Nexemis Studios makes available from the Web Site. Anyone desiring to use the Service is required to establish an account with Nexemis Studios (the "Account"). Nexemis Studios does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
5. USER REGISTRATION, OBLIGATIONS AND SECURITY In order to use the Service, you are required to complete a registration form after installing the software. The registration form consists of your first and last name, address, e-mail address, a username and a password. In consideration of the use of the Service, you agree to provide true, accurate, and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. If any information provided is not true, accurate, current or complete, or Nexemis Studios has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Nexemis Studios shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. Nexemis Studios at anytime has the right to cancel or refuse use of their services or game. You acknowledge that Nexemis Studios reserves the right to refuse to grant you a username that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Nexemis Studios, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify Nexemis Studios if you believe that the security of your password has been compromised. You acknowledge that Nexemis Studios does not protect you from the unauthorized use of your password or accout. (A) Eligibility: Accounts are available only to individuals 13 years of age or older. If you are less than 13 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button you represent that you are a 13 years of age or older. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account. Only 1 account is permitted per User. Users found with multiple accounts will lose all responsible accounts and Nexemis Studios shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. (B) Account ID: At the time your Account is opened, you must choose a name to identify yourself to Nexemis Studios (your "Account Name"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Nexemis Studios deems in its discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID. (C) Character Name: After your Account is created you need to create a character name to identify yourself to Nexemis Studios and other players (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Nexemis Studios deems in its discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to delete, or to change, any vulgar or otherwise offensive Character Names and their accounts. You have sole liability for all activities conducted through your Character or under your Account ID. (D) In-Game Chat: While in the game, characters have the option to chat with other players with the use of many chat features. The in-game chat must be clean and characters may not abuse the chat in any way. You may not use extensive vulgar language, insult or harass other players, flood the chat, or anything else Nexemis Studios deems in its discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to revoke broadcast privilidges and or delete any character or account that does not follow these rules. You have sole liability for all activities conducted through your Character or under your Account ID. (E) Deloria Online Discord: You have the option to participate in the Official Deloria Online Discord chat. The Deloria Online Discord is hosted on the Discord server, and requires either a browser or external software to connect and participate in the chat. The User is responsible for reviewing the User Agreement that gets installed with any third-party software, and Nexemis Studios or Deloria Online is not responsible for Technical or Intellectual Property or Support with the third-party software. By joining the Deloria Online Discord, you agree to all rules outlined and expressed in both the User Agreement and Terms of Service and posted in the Discord #Rules channel. You may not select as your channel name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Nexemis Studios deems at its sole discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to kick and ban any users that do not meet these rules. (F) Deloria Online Forums: You have the option to create an account for use on the Official Deloria Online Forums and sign-up for Development Newsletters. You may not select as your Forum Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Nexemis Studios deems at its sole discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to delete, or require you to change, any vulgar or otherwise offensive Forum account names. You have sole liability for all activities conducted under your Forum account. (G) Guild Names: While accessing the service, it is possible to create and name a game guild. You may not give a name to a Guild that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of Nexemis Studios, or which Nexemis Studios deems at its sole discretion to be vulgar or otherwise offensive. Nexemis Studios reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Guild Name. (H) Passwords: At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and or Characters. At no time should you respond to an online request for a password. Nexemis Studios will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process to enter the game. (I) Secret Question & Answer: At the time your Account is opened, you must select a secret question and password to answer. They should be hard for anyone else to guess, but easy for you to remember. Secret answers are not case sensative. If you lose your account password, using the Secret Question and Answer is the only way to reset your account password. (J) Former Members: Members whose Accounts have been terminated by Nexemis Studios may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Nexemis Studios. (K) Related Accounts: If Nexemis Studios terminates an Account, Nexemis Studios may terminate any other Accounts that share the same account information, email address or IP address with the terminated Account.
6. CHARGES FOR SERVICE Nexemis Studios (Jeffrey O'Blenis) offers Deloria Online as a free game and service, and no charges are accumulated from use of the service. Any internet charges would be on the player.
7. TERMINATION Either you or Nexemis Studios may terminate your Account at any time without further obligation to the other. Further, Nexemis Studios reserves the right to terminate the Service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will lose any characters developed or items accumulated and you will not have the right to transfer, sell or assign any characters or items to anyone else; (2) you may not access the service in any manner or for any reason, including via any other account. in the event that an account is terminated, Nexemis Studios may terminate any and all other accounts that share the member name, address, email address or internet protocol address with the terminated account; (3) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or wilfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Deloria Online as described in the Rules of
8. PARENTAL GUIDANCE Parents may find it inappropriate for use by persons under the age of 13. While Nexemis Studios may choose to monitor and take action upon excessive inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. Nexemis Studios cannot ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Nexemis Studios does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
9. INTELLECTUAL PROPERTY Nexemis Studios (Jeffrey O'Blenis), including, without limitation, all communication features of Nexemis Studios contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of Deloria Online and each area contained therein are copyrighted as a collective work under copyright laws. Jeffrey O'Blenis owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, reuse or republish, create derivative works, or in any way exploit, any of the content contained in Deloria Online (including, without limitation, content that the Website enables you to download) without the express written permission of Nexemis Studios and the copyright owner (Jeffrey O'Blenis). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, or copyright notice shall be made. The downloading of copyrighted material from Nexemis Studios is allowed by the user expressly for the user's own use. User acknowledges that Nexemis Studios and/or third-party content providers remain the owners of all materials posted on Nexemis Studios, and that the user does not acquire any of those ownership rights by downloading copyrighted materials. At no time shall any materials, intellectual property or software downloads that are property of Nexemis Studios be redistributed on any site or provided second-hand without written permission from Nexemis Studios (Jeffrey O'Blenis).
10. LIMITATION OF LIABILITY You agree that Nexemis Studios cannot be held responsible or liable for anything that occurs or results from accessing, subscribing, downloading or installing anything to do with the Deloria Online service or any service offered by Nexemis Studios.
11. PRIVACY The personal information you provide us during registration process is used for our internal purposes only. Information about your computer system and specs may also be collected when you connect to the server. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEXEMIS STUDIOS AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. NEXEMIS STUDIOS AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEXEMIS STUDIOS AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NEXEMIS STUDIOS MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXEMIS STUDIOS OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
Last Modified: Dec 23 2022 E.U.L.A. can be viewed locally in your game folder, or online at: http://deloria.online/index.php?del=eua |
