Effective Date: January 1, 2010 (Last Updated 10/13/12)
1. ACCOUNT REGISTRATION
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your Account password to other users or permit others to access your Account. Arctic Moon Studios will not ask you to reveal your password or ever initiate any contact with you by asking for your secret answer. If you forget your password, we will have you reset it after we confirmation your identity.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by Arctic Moon Studios.
(a) Charges and Billing
(b) Payment Options
Subject to technical problems and revisions to payment policies which may be instituted by Arctic Moon Studios at any time without notice, you may pay for any applicable fees and charges by PayPal® or such other methods expressly authorized by Arctic Moon Studios.
(i) PayPal ®
To use PayPal® as a form of payment, you must have a PayPal ® account and follow the instructions listed on our Website donation or payment page (different payment options for each website). If you do not have a PayPal® account, you may set up a free account at www.paypal.com.
(ii) Pay by Mail
This option is available for players who do not have the ability to purchase through Paypal or using a credit card. This option is only available using United States currency. U.S. Dollars (USD) along with checks from a U.S. bank are acceptable. Realize that all checks received must clear before any packages is applied to an account. There is a $55 fee for all returned/bounced checks. Payments by mail can be sent to:
Arctic Moon Studios, LLC
Attn: Customer Service
P.O. Box 510
Ashburn, VA 20146
(c) Termination Of Account
Arctic Moon Studios reserves the right to collect accrued fees and charges and costs incurred by Arctic Moon Studios before you cancel your Account. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your Account is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within Arctic Moon Studios associated with it. Active Account holders may not allow former Account holders whose Account has been terminated by Arctic Moon Studios to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved disputes must be settled before Arctic Moon Studios may allow you to register again.
2. ONLINE CONTENT
By "Content," we mean all of the games, software, communications, images, sounds, and all the material and information you see on the Website. Arctic Moon Studios does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Website.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Arctic Moon Studios websites. Content standards may vary depending on where you are accessing Arctic Moon Studios websites from, the type of game you are playing and the expectations of the local community in which you reside. Some game play may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing Content and engaging in other conduct in connection with the Service. See Section 3 - Online Conduct - for additional information.
Arctic Moon Studios may monitor any Content on Arctic Moon Studios websites at any time, but we cannot monitor all of the Content on Arctic Moon Studios websites, and we do not attempt to do so. If you encounter any Content that you do not agree with or find objectionable, please report it to the game support or complaint e-mail address for the area in which the incident occurred. Arctic Moon Studios does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. Arctic Moon Studios does not assume any responsibility or liability for Content that is generated by Members or other guests on Arctic Moon Studios. We reserve the right to remove Content that is objectionable to us in our sole and absolute discretion. Arctic Moon Studios does not assume any liability for any failure to remove, or any delay in removing, any Content.
3. ONLINE CONDUCT
You agree that you will be personally responsible for your use of Arctic Moon Studios websites and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless Arctic Moon Studios, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
- Post, transmit, promote, or distribute illegal Content.
- Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another Member, guest or Arctic Moon Studios employee.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
- Infringe upon the intellectual property rights of Arctic Moon Studios or any third party.
- Alter or cancel another Member's Account.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person, indicate that you are a Arctic Moon Studios employee or a representative of Arctic Moon Studios, or attempt to mislead Members or guests by indicating that you represent Arctic Moon Studios or any of Arctic Moon Studios's licensors or affiliates.
- Attempt to get a log-in I.D., password, or other Account information, or any other private information from a Member or any other user on Arctic Moon Studios. Remember: Arctic Moon Studios employees will NEVER ask for your password. Don't give your password, secret answers, or billing information out to anyone.
- Upload any Content that you do not own or have the right to freely distribute.
- Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
- Improperly use in game support or complaint buttons or make false reports to Arctic Moon Studios.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify, delete or create derivative works of the Service or Website, or any component thereof.
- Post or communicate any player's real-world personal information within the Service or any other part of the Web Site.
- Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
- Exploit any bug in the Service or in any Arctic Moon Studios product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service. A bug includes Service design that allows for users to create an unfair advantage in the game.
- Attempt to play your Arctic Moon Studios game on or through any service that is not controlled or authorized by Arctic Moon Studios. You will not participate in any online service that provides online features or game play for your Arctic Moon Studios game that is not authorized by Arctic Moon Studios. This includes the use of proxy servers or proxy software to mask your ISP provided IP address.
- Do anything that interferes with the ability of other Members or guests to enjoy playing a Arctic Moon Studios game and using the Service or that materially increases the expense or difficulty of Arctic Moon Studios in maintaining the Service for the enjoyment of all its Members and guests.
- Alternate characters (Alts) - Alt use is only permited by players with paying accounts. This means that each player may have one alt per each account they have a subscription on or purchase a package for. Alt interaction is prohibited outside of the Role Play portion (forums) of the Service.
- Users also musts adhere to Service specific rules and policies which further define proper use of the Service. These additional rules and policies can be modified at any time. See the specific Service rules and policies for addition information.
If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the "Help" or "Report Abuse" functions of the Service.
Arctic Moon Studios does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your Arctic Moon Studios game. This includes the exchange of Accounts or items on services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and won't support, such transactions.
NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR ACCOUNT AND THE SERVICE, AND AS ARCTIC MOON STUDIOS EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SERVICE, ARCTIC MOON STUDIOS DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, GIFT OR TRADE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE SERVICE. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR ACCOUNTS FOR "REAL" MONEY OR EXCHANGE ITEMS OF THE SERVICE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR ACCOUNTS.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.
Modification to Service
Arctic Moon Studios, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.
Public Nature of Communications
You acknowledge and agree that your communications with other Members or guests via any channel of communication on this Service are public and not private, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. You are solely responsible for these communications and their legality under all applicable laws and regulations. Arctic Moon Studios is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to Arctic Moon Studios, you expressly grant Arctic Moon Studios the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your nickname in Arctic Moon Studios's discretion, and without any notice or compensation to you of any kind. Arctic Moon Studios will comply with court orders or subpoenas in any jurisdiction directing Arctic Moon Studios to disclose the identity of anyone posting communications to the Website.
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service. Specifically, you may not use any area of the Service to collect information, including login names, about Members, and use of such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereto. You agree to advise Arctic Moon Studios promptly of any such unauthorized use(s) or attempt(s).
Liability Under Computer Fraud and Abuse Act
The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code (the "Act"). You may only play games made available through the Services with one type, version or copy of the client application at any one time.
Moreover, any of the following actions may subject you to liability, including, penalties under the Act:
- knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud and obtains anything of value;
- knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer;
- intentionally accessing a protected computer without authorization, and as a result of such conduct, recklessly causing damage; or
- intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage.
Proprietary Rights; Copyrights and Trademarks
You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the Service, Website or any Content displayed therein. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any Content may lead to the termination of your Account(s) and subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Arctic Moon Studios and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties in connection with such actions.
If Arctic Moon Studios receives notice alleging that you have engaged in infringing behavior or reasonably suspects that your use of the Services violates Arctic Moon Studios's or others' intellectual property rights, Arctic Moon Studios may, in its sole discretion, suspect or terminate your Account(s) with or without notice to you.
Arctic Moon Studios Trademarks
Arctic Moon Studios, L.L.C., its logo(s), Arctic Moon Studios™, and associated brand names and domain names are trademarks of Arctic Moon Studios in the United States, Japan and other countries. Arctic Moon Studios trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by Arctic Moon Studios that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of Arctic Moon Studios or the respective owner of such trademark, service mark or logo.
The Website is provided on an "as is" and "as available" basis. Arctic Moon Studios reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Arctic Moon Studios be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of Arctic Moon Studios and/or its suppliers that are not available in your location. Such references do not imply that Arctic Moon Studios or its suppliers intend to make available such products, programs or services in your location.
4. BETA TESTS
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
Closed Beta Tests
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Arctic Moon Studios, and Arctic Moon Studios is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Arctic Moon Studios publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
All Beta Tests (Closed And Open)
- As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
- When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
- Beta Test accounts are non-transferable under any circumstances.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE, GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ARCTIC MOON STUDIOS, WEBSITE, ARCTIC MOON STUDIOS' PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Arctic Moon Studios PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ARCTIC MOON STUDIOS WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
6. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ARCTIC MOON STUDIOS OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ARCTIC MOON STUDIOS, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL ARCTIC MOON STUDIOS' OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ARCTIC MOON STUDIOS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ARCTIC MOON STUDIO FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL ARCTIC MOON STUDIOS, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH ARCTIC MOON STUDIOS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ARCTIC MOON STUDIOS OR ANY ARCTIC MOON STUDIOS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARCTIC MOON STUDIOS' AND ARCTIC MOON STUDIOS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. ARCTIC MOON STUDIOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. LINKS WITH OTHER SITES
For the convenience of our users, the Website provides certain links to web sites provided by third parties. Arctic Moon Studios is not responsible for the content of any other web site linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. Arctic Moon Studios provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. Arctic Moon Studios DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
Facebook ® and the Facebook logo are registered trademarks of Facebook, Inc. Use of the Facebook logo is done through the guidlines established by Facebook at http://www.facebook.com/brandpermissions/index.php.
Twitter ® and the Twitter logo are registered trademarks of Twitter, Inc. Use of the Twitter logo is done through the guidlines established byTwitter at http://support.twitter.com/entries/77641.
Google+ ® and the Google+ logo are registered trademarks of Google, Inc. Use of the Google+ logo is done through the guidlines established by Google at http://www.google.com/permissions/guidelines.html.
9. GOVERNING LAW
10. VOID WHERE PROHIBITED
Arctic Moon Studios makes no representation or warranty that any material on the Website, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside the Commonwealth of Virginia you are responsible for compliance with all applicable local laws.
12. CONTACT US
Written correspondence can be sent to:
Arctic Moon Studios, LLC
Attn: Customer Service
P.O. Box 510
, VA 20146