Terms of Service

 

Accepting the Terms

 

These Terms of Service ("Terms") are a legal agreement between Emerald City Games ("ECG" or "we") and you ("you"). By using or accessing any ECG game or application ("Service") you agree to be bound by these Terms. ECG’sPrivacy Policy is incorporated herein by reference.  By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. ECG reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

 

Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

 

If you violate the Terms, ECG reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that ECG need not provide you notice before terminating or suspending your account(s), but it may do so.

 

ECG reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.

 

You agree that ECG may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

 

You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

 

Intellectual Property/Ownership

 

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Canada copyright laws and/or similar laws of other jurisdictions.

 

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without ECG's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, require express prior written permission from ECG. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

 

ECG and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by ECG. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by ECG, or any derivative works thereof.

 

ECG grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

 

User Content

 

You agree that you are willingly publishing the content on the Service using technology and tools provided by ECG. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of ECG. You grant ECG the right to act as an agent on your behalf as operator of the application.

 

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by ECG. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and ECG is not responsible for any files users upload, post, or otherwise make available. ECG may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the ECG application. By using ECG you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that ECG will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

 

ECG reserves the right to remove and permanently delete any User Content from the Service with or without notice.

 

Virtual Currencies/Goods

 

The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency.  The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from ECG for “real money” or for Virtual Currency.Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from ECG or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

 

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in ECG's sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.

 

ECG retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.

 

Rules of Conduct/Usage

 

The ECG Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. ECG has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. ECG may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by ECG, and these communications should not be considered reviewed or approved by ECG. ECG will not under any circumstance be liable for any activity within Communication Channels.

 

You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. ECG is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

 

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

·  post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable

·  defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable

·  upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers

·  violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)

·  attempt to obtain passwords or other private information from other members

·  improperly use support channels or complaint buttons to make false reports to ECG

·  develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements

·  exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage

·  violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service

 

Privacy and Protection of Personal Information

 

Information collected from you is subject to the pertinent social network’s policy.  By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with ECG.  Please see ECG’s Privacy Policy for more information on the collection and use of your information.  You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

 

Disclaimer of Warranty; Limitation of Liability

 

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, ECG, its subsidiaries, affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. ECG makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; ECG assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

 

In no event will ECG, its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not ECG has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ECG shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

You agree to indemnify and hold ECG, and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

 

General

 

By visiting or using the Service, you agree that the laws of Canada, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and ECG. Any claim or dispute between you and ECG that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Canada. ECG reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of ECG following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ECG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Welcome to Sacred Seasons. If you continue to browse and use this website or play this game you are agreeing to comply with and be bound by the following terms and conditions of use, which governs our relationship with you in relation to this website and the game. If you do not accept these terms of use you are not authorised to use or continue using this website or to play the game.

We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on this website. If any amendment to these terms is unacceptable to you or results in you no longer being in compliance with them for any reason, you must immediately stop playing the game. Your continued use of the game following any amendment to these rules constitutes your complete and irrevocable acceptance of all such amendments. It is the responsibility of every player or user to know and comply with these terms. These terms are not intended to be final or exhaustive, and we reserve the right to decide whether conduct does not comply with the spirit of the game and to take such disciplinary measures as we see fit.

You acknowledge and agree that you shall have no ownership or any other property interest in this game, including your character, and you further acknowledge and agree that all rights in and to your character are and shall forever be owned by and inure to the benefit of sacredseasons.com. 

These terms are binding and effective until terminated. In the event that you breach these terms or terminate your account, you agree that you will immediately forfeit your right to any and all payments made by you or on your behalf for in-game content. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid by you or on your behalf prior before termination.

In accessing any part of this website and/or playing the game, you agree:

  • not to use this website and/or game in such a way that disrupts, interferes with or restricts the use of this website and/or game by other users;
  • not to upload, display, use or transmit any language and/or materials through this website and/or game which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
  • not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this website and/or game or attempt to transmit to or via this website and/or game any information that contains a virus, worm, trojan horse or other harmful or disruptive component;
  • not to change, modify, delete, interfere with or misuse data contained on this website and/or game entered by or relating to any third party user of this website and/or game ;
  • not to use bots, scripts, outside and/or external programs to alter game-play in any way, including but not limited to speed hacking and/or the use of any macro programs which control the mouse for the player;
  • not to distribute and/or provide information about any cheat utility, software, macro program or any other application that allows you or other users of this site or players of the game to modify the game experience in any way;
  • not to harass any other user of this website and/or game ;
  • not to engage in spamming and/or flooding;
  • not to advertise or engage in commercial solicitation of any kind, including directing other users of this site or players of this game to a website or other location for the purpose of the provision of information about a product or service;
  • not to share your account or login information with anyone. It is a term of use that you agree to keep your password secure and confidential at all times and not to disclose it to any other person. Further, if, contrary to this agreement, you disclose your password or login information to any other person, you are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the security and confidentiality of your password, you must take all reasonable steps to ensure that your computer is free of viruses and other malicious code. If you become suspect a breach of your confidential information you must notify us forthwith by contacting us at info@sacredseasons.com;
  • not to impersonate any other player of the game, and in particular not to impersonate or seek to impersonate any moderator or administrator. An attempt at the impersonation of game staff is likely to result in severe penalties, including but not limited to forfeiture of your account.
  • not to engage in any other form of conduct which in our sole and absolute discretion we consider to be contrary to the spirit of the game.
  • not to purposely get other players killed by using skills, not attacking, etc... when you're not in PvP or GvP.

The use of this website and/or game is subject to the following terms of use:

The content of the pages of this website and/or the game is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website and/or game for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website and/or game is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website and/or game meet your specific requirements.

The game contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

By displaying, publishing, or otherwise communicating any information on or through sacredseasons.com, you grant to sacredseasons.com a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such information without further consultation with you.

From time to time this website and/or the game may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

In particular, Sacred Seasons reserves the right to remove levels from your character and/or ban or otherwise remove or delete your account from the game without warning if you are considered to have contravened these terms of use in any way.

This game is provided ‘as is’ and we do not warrant that it will be uninterrupted or free of error or fault, nor that any or all defects will be corrected, nor that the game is free of viruses or other harmful programs. We expressly disclaim all warranties and guarantees, express or implied, including without limitation any warranty or guarantee of merchantability or fitness for any particular purpose or use, and non-infringement.

Neither we nor any licensors or affiliates shall be liable in any way for any damage or loss of any kind resulting from (i) the use of or inability to use the game including but not limited to loss of goodwill, work stoppage, computer failure or malfunction; (ii) the loss or damage to characters, accounts, statistics, inventories or other character information; (iii) interruptions of service including without limitation isp disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service. In no event will we be liable to you or to anyone else for any form of damages howsoever defined or calculated.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any and all remaining provisions. These Terms of Use are the complete and exclusive statement of the agreement between you and sacredseasons.com concerning your use of the game, and supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and sacredseasons.com.

These terms constitute a binding agreement between you and sacredseasons.com, and are accepted by you upon your use of the sacredseasons.com website and/or the sacred seasons game on any other website.

Guidance

Names

When choosing a character name or creating a guild you should comply with these guidelines. If we decide that a name is indecent, offensive, or otherwise inappropriate, we may in our sole and absolute discretion suspend or terminate your character or guild. In particular, you should avoid:

  • using a name which is wholly or substantially already in use by another player or guild, in particular with the intent to impersonate that player or guild;
  • using a name consisting of any words or phrases which are offensive, defamatory, obscene, or that contain any hate language, or that are related to illegal drugs and/or sex;
  • using a name, title, product description or other identifiable language over which any other person or body has any form of legal right.
  • Other Users

If you spot anyone doing something which you consider to contravene the terms of use, you are encouraged to contact a moderator in-game using “/w …”. If you add them to your friends list they can port to you to investigate the contravention. If the user is found to have contravened the terms of use, the action taken will be decided by the moderator and/or administrator in their absolute discretion, which may include but is not limited to the resetting of a character’s level to level 1 stats, or being temporarily or permanently banned from the site.

Leeching

Leeching, which is defined as entering another player’s battle without prior invitation and not really contributing to the battle's success, for the purpose of gaining experience points, is not against the rules, but it is highly frowned upon. If someone has been fighting at a location that you just showed up at, it is polite to go to another server. If a newcomer refuses to leave, it is suggested that you go to another server.