- 2 Code of Conduct
- 3 Changes to this Agreement and the Game
- 5 Liability Disclaimer
- 6 Indemnification
- 7 Warranty Disclaimer
There is a Code of Conduct that you must follow when playing Utopia, which is designed to help keep the game as enjoyable as possible for all. This Code of Conduct applies to the main game experience, wiki, forums and any other associated websites. Violation of any of these rules may result in immediate termination of your Utopia account, and your accounts on any associated websites.
Thank you for abiding by these rules. If another user is violating these rules, please let us know immediately at firstname.lastname@example.org.
1. Privacy & Security; Disclosure
2. License Grant & Restrictions
We hereby grant you a limited, non-exclusive, non-transferable right to access, view and use the Site for the purposes of accessing, viewing or playing content, posting or submitting user material, placing store orders or for accessing information. We reserve the right to deny or suspend, on our sole discretion, your access to the Site or any portion thereof. This right is a license which is personal and may only be used for personal, non-commercial uses. We reserve all rights not expressly granted to you. You agree not to (i) reproduce, transmit, sell or otherwise exploit the Site or the Service for any commercial purpose, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Service in any way; (iii) make derivative works based upon the Site or Service; (iv) embed the Service as a frame from within another application; or (v) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service.
3. Registration and Passwords
You may be required to have a unique user name and/or password in order to use and access the Site and Service, or portions thereof. You are responsible for maintaining the confidentiality of your usernames, passwords and accounts. Usernames and passwords may not be shared by more than one individual, and may not be transferred from one individual to another. We are not responsible for any harm causes or related to the theft or misappropriation of your user name or password. You shall be responsible for all actions taken via your username and password, whether or not made with your knowledge or authority.
4. Your Responsibilities
You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify the Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not provide false identity information to gain access to the Site or to use the Service; (iii) not use the Site or Service to defame, abuse, harass, threaten or otherwise violate the legal right of others; (iv) not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; and (v) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.
5. Intellectual Property
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights (as defined below), in and to the Site and the Service, including without limitation all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including with limitation the selection, sequence and “look and feel” of the Site and the Service, and all trademarks, service marks and tradenames are the property of the Company. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. For any materials you provide to us (including feedback and submissions) or post, upload, input or submit to the Site or the Service for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”), you grant us and our affiliates and assignees permission to use your Submission in connection with the operation of their businesses, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and the right to sublicense such rights to any supplier. No compensation will be paid with respect to the use of Submissions and we are under no obligation to post or use any Submissions. By posting or providing a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation the right to post or submit such Submission. In addition, by providing or submitting a Submission that contains images, photographs or pictures (“Images”), you warrant and represent that (a) you are the copyright owner of such Image, or that the copyright owner of such Image has granted you the right to use such Image consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the rights described in this paragraph, (c) and that any person depicted in such Images has consented to the use of such Images as set forth in this Agreement. By posting or providing Images, you grant us and other users the right to use your Images in connection with the Service.
6. Third Party Interactions
During use of the Service, you may enter into correspondence with, or purchase or sign up to receive goods and/or services from, a third party, or you may participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. We and our licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party, including any termination by such third party of their provision of goods or services to you. We do not endorse any sites on the Internet that are linked through the Site or Service and do not endorse any third party goods or services that are made available to you as a result of your use of the Site or Service. We provide these links to you only as a matter of convenience, and in no event shall we or our licensors be responsible for any content, products, or other materials on or available from such sites.
7. Rules of Conduct
Your use of the Site and the Service is subject to all applicable laws. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site or the Service, or knowingly condone use of this Site or the Service by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing", or encourage other users to copy a message;
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions;
• create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• disrupt the normal flow of online communities or forums with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in such communities or forums;
• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harass anyone;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
8. Disclaimer of Warranties
THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE OR ANY CONTENT. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US AND OUR LICENSORS.
You shall indemnify and hold us and our licensors and our respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of your Submissions infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iii) a claim arising from the breach by you of this Agreement; or (iv) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you.
10. Internet Delays
THE SITE AND SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11. Limitation of Liability
YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE COMPANY AND ANY OF OUR PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, WHETHER DIRECT OR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE OR THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Assumption of Risks and Mature Content
YOU ASSUME ALL RISKS THAT THE SITE, SERVICE, CONTENT AND USER SUBMISSIONS AND MATERIALS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS OR PUBLIC FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDED ON THE SITE.
We may give notice by means of a general notice on the Service, electronic mail to any e-mail address on record in our account information for you, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us at any time by any of the following: letter to the Company delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company, in either case, addressed to the attention of: President.
14. Modification to Terms
We reserve the right to modify the terms and conditions of this Agreement or our policies relating to the Service at any time, effective upon posting of an updated version of this Agreement or updated policies on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service or the Site after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by us.
The Site is controlled by the Company from its offices in Massachusetts, United States of America. We make no representations or warranties that the Site or Service or related information offered by us are appropriate in other locations. Those who choose to access the Site from other locations are responsible for compliance with local laws, to the extent locals laws are applicable. This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, MA. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Service. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to David@MUGAGamingLLC.com This Terms of Service was last modified on August 10, 2017.
Your account may be suspended, modified or deleted at any time for any reason, with or without notice to you. In the event of suspension, modification or deletion of your account, you will not be entitled to a refund of any prior amounts that have been paid by you to purchase credits for your account. For purposes of explanation and not limitation, most account suspensions/deletions are the result of violations of the Code of Conduct.
If, upon logging in to your account, you receive a message stating that your account is "Inactive" it is possible that your account was rendered inactive due to a violation of the games rules.
If you believe you did not break these rules here is what you can do.
Please be aware, and I'm looking at you monarchs here, we cannot discuss another players account. This means if you email us asking why a kingdom mate was deleted we will not be able to tell you. We will release details only to the account owner.
Now that is out of the way here are the steps you can take.
Send a POLITE email to email@example.com from the email associated with your master account. Include your username or your Support ID. Explain why you think you might have been deleted, the more detail you provide the better. If it is found that you were deleted in error your account will be restored, along with your province.
Be aware though that ignorance of the rules is not an excuse we can accept, nor are we able to contact people via mail before we take action - it is simply not feasible.
These actions are taken for the good of the game. While we understand you may be angry we will not put up with swearing, insults, threats and the like so, for your own sake, please keep the language civil.
Finally, if you do not get your account reinstated that does not mean you are banned forever from the game (not unless its an IP ban, which is rare unless you use a proxy). You are free to make a new account but you should probably email us to confirm it wont be deleted automatically.
Code of Conduct
You may create only one account in the Utopia gaming environment. You may maintain only your own account: under no circumstances should your account be accessed by anyone other than you. In the event that a third party is deemed to be accessing your account, both you and the third party will be considered in violation of the Code of Conduct.
Persistent creation and deletion of accounts is not allowed under any circumstances.
Should your account be suspended, the creation of a new account will be considered a breach of the Code of Conduct.
Can I play with a brother/sister/housemate? Please see http://forums.utopia-game.com/showthread.php?623628-FAQ-Please-check-in-here-before-posting&p=15185602&viewfull=1#post15185602
The information you provide when signing up is used to protect the Utopia game from cheating. You are expected to provide complete and accurate information account information, and to keep it up to date. You can update this information in the Account Settings section of the game.
Under no circumstances may you use automation software, hacks, mods, scripts or any unauthorized third-party tools designed to improve your performance in Utopia.
Internet Proxies and Anonymizers
You are expected to access the site from the IP addresses assigned to you normally by your Internet Service Provider.
If you access the site via a proxy server, anonymizing network or any anonymizing software, you will be considered to be in violation of the Code of Conduct.
If you are using VPN, please contact game support with reasoning behind doing so to avoid any unnecessary deactivations.
If you have no choice but to use proxy servers made compulsory by your Internet Service Provider, country or corporation, you must provide details and supporting evidence to the operators of the game before continuing to use the game. Exceptions may be made at the sole discretion of the operators of the game, and may be revoked at any time without notice.
Spirit of the Rules
Players attempting to manipulate rules and quirks of the game in ways obviously not intended may be subject to deletion. Because of their nature, these types of circumstances are considered on a case-by-case basis. Users should avoid actions they believe are against the spirit and intent of the game.
Fair & Honorable Play
The operators of the game aim to maintain the highest standards of ethics within the game. Any instance of inappropriate language, manipulation of bugs, or acts of deception/fraud can result in immediate removal from the game. We rely on our users to help us enforce these rules and provide an enjoyable gaming environment for users of all ages and backgrounds.
Language & Attitude
Utopia is played by people of all ages and backgrounds. You are expected to treat others with respect and use only appropriate language in any contact with other players. In particular:
- you may not use language that is vulgar or that is otherwise offensive, defamatory, obscene, hateful or racially, ethnically or otherwise objectionable
- you may not post any content that is subject to the rights of any other person or entity
- you may not post any content that is related to drugs, sex or any criminal activity
- you may not post any content including any personally identifiable information about another player or yourself
You are encouraged to report any violation of these rules. Violators will be considered in breach of the Code of Conduct, and subject to suspension or deletion.
Kingdom Flags and other Images
Various game features permit players to upload images to the website, which are visible to other players in the game. As such, these images are subject to the Language & Attitude rules defined above. In addition, you are forbidden from uploading any images that are pornographic in nature.
Province, Leader and Kingdom Names
Players may select names for their province, leader and kingdom, which are visible to other players in the game. As such, these names are subject to the Language & Attitude rules defined above. In addition, the following rules apply:
- Names may not contain gibberish (for example, “asdqwe”, “lkjlkjlkj”, “542341224” etc)
- Names may not be designed to be confusingly similar to other names in the game. For example, it is forbidden for the provinces of a kingdom to select names that are deliberately difficult to distinguish from each other.
- Names may not be designed to be confusing with respect to the normal text of the game. For example, it is forbidden to set a kingdom name that reads like an error message to a novice player.
- Names may not be designed to impersonate another player or member of the game.
Changes to this Agreement and the Game
We reserve the right to modify this Agreement and any aspect of the Game, with or without prior notice. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
We respect the privacy of the users of utopia-game.com, and will not sell or otherwise make available any identifying information provided to us by our users to any third party.
How We Use Information. We use collected information to make available and to improve our Site and Services. We use such information to respond to inquiries or service requests and monitor such responses; provide information about and market our Services; resolve problems; manage the Site; develop new products and services; to let you know about changes or improvements and to enforce our terms and conditions. Please keep in mind that comments sections, forums, multi-user games and other similar areas of our site are public and information posted in those areas is viewable and usable by anyone with access.
If you have any questions regarding the foregoing, or our privacy practices, you may contact: David@MUGAGamingLLC.com
Disclosure of Information. We do not sell or rent personally identifiable information to third parties who are not affiliates of the Company without your consent to do so. We may disclose personally identifiable information to third party service providers that perform functions on our behalf, such as companies or individuals that host or operate our Site, analyze data, or provide customer service. We are not limited in our use of non-personal information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services and the geographic distribution of our users). We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity. We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. We may disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you). We may share information with companies that provide public relations and marketing services for us. As with any other business, it is possible that in the future we could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by us, including customer account information, but would continue to be bound by this Policy unless and until it is amended. We may share aggregate (non-personally identifiable) information with certain third parties such as advertisers, industry organizations, and prospective affiliates.
Choice and Opt-Out. We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes when we ask for this information. For example, if you do not wish to receive marketing material from us, you can indicate your preference by clicking a link to unsubscribe contained in such communications. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each communication.
Data Security. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and we cannot guarantee its absolute security. In the event of an inadvertent disclosure of your personal information we will take all commercially reasonable steps to limit and remedy the disclosure as required by the applicable law. If you have any questions about security of our Site and the Services, you can contact us via email at David@MUGAGamingLLC.com.
Age Limitation. This Site and the Services are not directed to person under the age of 13. If you become aware that your child under the age of 13 has provided us with personal information without your consent, please contact us at David@MUGAGamingLLC.com. We do not knowingly collect or solicit information from, market to or accept services from persons under the age of 13 years old. If we become aware that a person under the age of 13 has provided us with personal information, we take steps to remove such information.
Governing Law. This Policy is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without giving effect to any principles of conflict of law. If you are outside of the United States, your information will be processed and stored in the United States and you consent to such processing and storage under the laws of the United States.
Your California Privacy Rights. California Civil Code Section 1798.83 permits customers who are California residents and who have provided the Company with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us at David@MUGAGamingLLC.com.
Contact Us. To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Site, please email us at David@MUGAGamingLLC.com.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR OF THE GAME OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE OPERATOR OF THE GAME, EVEN IF THE OPERATOR OF THE GAME HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD THE OPERATOR OF THE GAME AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING LEGAL FEES) THAT MAY BE INCURRED IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE OPERATOR OF THE GAME MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT THE OPERATOR OF THE GAME DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR OF THE GAME DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.