Welcome to the Lands of Hope web site, located at
www.landsofhope.com
.
Please review the following terms that will govern your use of
our Site and services ("Terms").
1. Our Services.
Lands of Hope is an Internet-based MORPG (Multiplayer
Online Roleplaying Game), owned and run by SYNACKDOCHE GAMES INC.
In addition to the Game, we also provide forums, chat rooms and
other game-related services.
2. Access.
You must have access to the World Wide Web in order to use our
Site, Services and Game. It is your responsibility to select,
obtain and pay for any equipment (e.g., computer or modem) and
services (e.g., phone line or DSL) necessary for such access.
3. Registration.
If you accept the Terms, Lands of Hope will ask you to complete
a registration form in order to establish your account. You must
enter a valid contactable Email address by which Lands of Hope
staff members can contact you in an emergency. Lands of Hope
reserves the right to delete any vulgar or otherwise offensive
Account details, or to require you to change your Account details.
You must also select a password for your account. Lands of Hope
recommends that you choose one with letters and numbers, and
do not use your Account Name as your password. Lands of Hope
restricts the use of our site, services and game to one account
per person (anyone violating this restriction will be subject to
censure up to and including banning).
4. Attitude.
You must be kind, courteous and respectful at all times when
using the game and public chat. Please read the chat rules for
more on this.
5. License.
Subject to all of the Terms, Lands of Hope hereby grants you
a personal, non-exclusive, non-transferable license to access
the Site and to use the Game and Services only on the Site solely
for your personal entertainment purposes.
6. Restrictions.
You agree not to do any of the following prohibited actions:
-
reproduce, distribute, publicly display or perform,
translate, modify, adapt, create derivative works from,
deconstruct, reverse engineer, decompile or disassemble
in any manner the Game or Services or any portion
thereof, including but not limited to any character,
graphic, associated software or proprietary
communications protocol used by the software or any
utilities, applications, emulators or tools derived
therefrom;
-
permit any other person to access the Game from your
account, or create or provide any other means through
which your account may be played by anyone besides you;
-
upload, post, email or otherwise transmit through the
Site, Services or Game any material that (i) is
unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, religously,
ethnically or otherwise objectionable; (ii) you do not
have a right to transmit under any law or contractual or
fiduciary relationship (e.g., inside information,
proprietary information from an employer or confidential
information subject to a nondisclosure agreement); (iii)
infringes any patent, trademark, trade secret, copyright
or other party's proprietary rights; (iv) is unsolicited
or unauthorized advertising, promotional material,
"junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation, except in those areas that are
expressly designated for such purpose (e.g., player
advertisement rooms); or (v) contains software viruses
or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
- harm minors in any way;
-
impersonate another user or administrator or other
representative, or otherwise misrepresent your
affiliation with such persons;
-
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any materials you or
another party transmit through the Site, Services or
Game;
-
disrupt the normal flow of dialogue, use an external
macro program (which can harm server performance, or
otherwise act in a manner that negatively affects other
members' ability to engage in real time exchanges;
-
interfere with or disrupt the Services or servers or
networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Services;
-
intentionally or unintentionally violate any applicable
local, state, national or international law, and any
regulations having the force of law;
- "stalk" or otherwise harass another;
-
collect or store personal data about another member
without the express permission of such member.
-
reveal information, to anyone without access to such
information, without the express permission of a member,
that (i) personally identifies such member; (ii) reveals
the administrative role of such member within a game; or
(iii) reveals the names of game characters identified
with such member.
-
lie, misrepresent yourself to, or otherwise
intentionally deceive any administrator.
-
use gibberish or repetetive letters when making
character names, anything using repetetive letters may
be seen as spam.
Please remember that other players will be calling
you by the name you use and if it is total
un-workable you may cause disruption in chat or
in-game because of this
. WE RESERVE THE RIGHT TO RENAME ANY CHARACTER FOR ANY REASON.
7. Content.
Third Party Content.
You acknowledge and agree that the Site, Services and Game
contain materials owned by Lands of Hope and its licensors
(including other members), and you agree not to interfere
the copyrights, trademarks and other proprietary rights of
such parties. You agree that these rights are valid and protected
in all media existing now or later developed, and that except
as is explicitly provided otherwise, your use of such materials
shall be governed by the copyright laws of the United States
and other applicable laws.
Content Monitoring.
As a matter of policy, Lands of Hope does not pre-screen
or monitor the content that you or other members may
post to the Site, Services or Game. Lands of Hope does
reserve the right to monitor all such content, and reserves
the right to remove without notice any and all content
that Lands of Hope, in its sole discretion, finds offensive
or otherwise objectionable. You are solely responsible,
and bear the risk, for evaluating the accuracy, integrity,
quality, completeness or utility of any content. Lands
of Hope makes no representations or warranties about
the content appearing on the Site, Services or Game.
Under no circumstances will Lands of Hope be liable in
any way for any content, including but not limited to,
for 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 or otherwise transmitted
via the Site, Services or Game.
Content Transmission
. You understand that the technical processing and
transmission of the Services, including your Participatory
Content and Public Content, may involve (i) transmissions
over various networks; and (ii) changes to conform
and adapt to technical requirements of connecting
networks or devices.
Links.
The Site, Services and Game may provide links
to other sites for your convenience only. Lands
of Hope does not control, is not responsible
for, does not necessarily endorse and makes no
representation about the materials contained
at any linked site. If you choose to visit any
linked Sites, Lands of Hope recommends that you
review the other site�s terms of use. Lands of
Hope is not responsible for webcasting or any
other form of transmission received from any
linked site.
8. Your Account is Your Responsibility.
You are solely responsible and entirely liable for all activities
conducted through your account and/or your account name, even
if your account has been compromised through no fault of your
own. Lands of Hope encourages you to maintain the confidentiality
of your password, and reminds you that you do not have a license
to let others use your account. You agree to notify Lands of
Hope immediately in the event your password is lost, stolen,
disclosed or compromised. It is not Lands of Hope policy to ask
for your password online, and Lands of Hope suggests that you
never respond to an on-line request for your password.
Accounts may not be traded or given to other people the
Account remains the sole property of Lands of Hope all
times.
9. Privacy.
You understand that you have no expectation of privacy with respect
to your use of the Site, Services or Game, and that all communications
made by or received from you may be monitored, preserved and
disclosed by Lands of Hope representatives. You hereby consent
to the extraction of hardware system profile data and any data
related to operation of the software from any computer that logs
on to the Site, Services or Game using your account. You acknowledge
and agree that Lands of Hope will report to law enforcement authorities
any actions which may be considered illegal, as well as any reports
it receives of such conduct. Lands of Hope will cooperate fully
with law enforcement agencies in any investigation of alleged
illegal activity. Specifically, Lands of Hope may disclose information
about you or your Public Content if Lands of Hope has the good
faith belief that such disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms; (c) respond
to claims that any Public Content violates the rights of a third
party; or (d) protect the rights, property or safety of Lands
of Hope, its members or the public.
10. Charges for Service.
Lands of Hope provides a fully
free functioning game system
with no restrictions. Players can pay for additional services
or features. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR
ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of the
Site, Services or Game is subject to any use, sales or other
taxes, or if Lands of Hope offers any additional services for
a fee as noted on the Site and you choose to partake in such
additional fee-services, then Lands of Hope may also bill you
for any such charges, which will be in addition to the rates
noted here. Lands of Hope reserves the right to change its fees
and billing methods at any time effective thirty (30) days after
notice of the changes are posted on the Site. You are responsible
for regularly reviewing these Terms to obtain timely notice of
such changes. If any such change is unacceptable to you, you
may terminate your account and this agreement as provided in
Section 16 ("Termination"). Your continued use of the
Game or Services seven (7) days after the changes are posted
on the Site will constitute your acceptance of such change. If
you pay for services by credit card, you represent and warrant
that you are the authorized user of such credit card.
11. International Use.
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
12. Ownership.
Lands of Hope and its licensors shall at all times retain all
right, title and interest in and to the Site, Services and Game,
except to the extent of the licenses granted to you hereunder.
13. Disclaimer of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lands of Hope, ITS AFFILIATES,
LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FORLORN
HOPE/LANDS OF HOPE PROVIDES THE SITE, SERVICES AND GAME (AND
ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY Lands of
Hope IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN)
"AS IS" AND ON AN "AS AVAILABLE" BASIS, AND
MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE,
SERVICES OR Game WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION
MAY NOT APPLY TO YOU.
14. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, Lands of Hope' AND
ITS AFFILIATES�, LICENSORS� AND SUBCONTRACTORS� TOTAL LIABILITY
TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE,
SERVICES OR GAME SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE
BY YOU TO FORLORN HOPE UNDER THIS AGREEMENT WITHIN THE TWELVE
(12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE
RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY
TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL
OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION
IS PROHIBITED BY LAW.
15. Consequential Damages.
IN NO EVENT WILL Lands of Hope, ITS AFFILIATES, LICENSORS OR
SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR
COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH
OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT
Lands of Hope, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED
HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Lands of Hope�, ITS AFFILIATES�,
LICENSORS� AND SUBCONTRACTORS� LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
16. Indemnification.
You agree to defend, indemnify and hold harmless Lands of Hope,
its affiliates, licensors and subcontractors from all liabilities,
claims and expenses, including attorneys� fees, arising from
or related to your breach of this Agreement or portion hereof,
your Public Content or any act or omission by you relating the
Site, Services or Game. Lands of Hope reserves the right to assume
its own defense and/or control of any matter otherwise subject
to indemnification by you hereunder.
17. Termination.
Either you or Lands of Hope may terminate your account and this
agreement upon notice at any time without further obligation
to the other. Further, Lands of Hope reserves the right to terminate
the Site, Services and/or Game, or any part thereof, at any time
without notice and without further obligation to you. IN NO EVENT
SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF.
UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO
THE SITE, SERVICES AND Game WILL TERMINATE. A member whose account
Lands of Hope has terminated may not access the Site, Services
or Game in any manner or for any reason without Lands of Hope�
express, prior, written permission. Termination of this agreement
shall have no effect on any payment obligation accrued prior
to the effective date of termination.
18. Amendment.
Lands of Hope may amend the Terms in its sole discretion at any
time by posting revised Terms on the Site, and you agree to regularly
review the Terms. If any such revision is unacceptable to you,
you may terminate your account and this agreement as provided
in Section 16 ("Termination"). Your continued access
and use of the Site, Services and/or Game seven (7) days after
posting of the revised Terms shall constitute your acceptance
of the same. Except as expressly set forth herein, the Terms
may not otherwise be modified or amended.
19.
Chat Rooms.
Lands of Hope provides online chat rooms for communicating with other
players solely at our discretion. When using a Lands of Hope chat
room you agree to adhere to the chat rules for that specific channel.
Failure to comply with these rules will result in varying degrees
of censure up to and including Account Termination.
20. Reservation of Rights.
Lands of Hope hereby reserves any rights not expressly granted herein.
21. General Provisions.
You may not sublicense, rent, sell, assign or otherwise transfer
the rights or obligations granted to you in this agreement, and
any such attempted transfer shall be void. If any provision of
this agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make
it enforceable, and such decision shall not affect the enforceability
of: (i) such provision under other circumstances, or (ii) the
remaining provisions hereof under all circumstances. Lands of
Hope' failure to enforce at any time any provision of this agreement
shall in no way be construed to be a present or future waiver
of such provision, nor in any way affect the right of any party
to enforce each and every such provision thereafter. The express
waiver by Lands of Hope of any provision, condition or requirement
of this agreement shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Notwithstanding anything to the contrary, no default, delay or
failure to perform on the part of Lands of Hope shall be considered
a breach of this agreement if such default, delay or failure
to perform is shown to be due to causes beyond Lands of Hope'
reasonable control. In any action to enforce this agreement,
the prevailing party shall be awarded its costs and fees (including
reasonable attorneys� fees), including such fees and costs incurred
in enforcing and collecting any judgement. This agreement represents
the entire agreement between you and Lands of Hope with respect
to the subject matter referenced herein.
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