Visionary Realms, Inc.
Pantheon: Rise of the Fallen
Official Community Website
TERMS AND CONDITIONS
These terms and conditions govern your use of this Visionary Realms, Inc. (“VR”) – Pantheon: Rise of the Fallen – Community Website (“website”). By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
License to use website
Unless otherwise stated, VR and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· republish material from this website (including republication on another website);
· sell, rent or sub-license material from the website;
· show any material from the website in public;
· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
· edit or otherwise modify any material on the website; or
· redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed according to terms provided at the in which it is made available.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without VR’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without VR’s express written consent.
Access to certain areas of this website is restricted. VR reserves the right to restrict access to non-public areas of this website, or indeed this entire website, at VR’s discretion.
If VR provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
VR may disable your user ID and password in VR’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to VR a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to VR the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or VR or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
VR reserves the right to edit or remove any material submitted to this website, or stored on VR’s servers, or hosted or published upon this website.
Notwithstanding VR’s rights under these terms and conditions in relation to user content, VR does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Pledges & Subscriptions
By pledging or subscribing on this site, you agree to be bound by the Terms and Conditions herein.
VR offers no guarantees or warranties of performance, service, Pantheon Rise of the Fallen (“PRotF”) completion or delivery of Pledge Package items.
While VR will make a best faith effort to complete, release and support PRotF, game development is a high risk endeavor. For any number of reasons, VR may not be able to complete PRotF, offer access to the game, or may not be able to deliver some or all items listed in the Pledge Packages.
Items included in Pledge Packages may be substituted, changed or eliminated at any time for any reason or no reason at the sole discretion of VR.
Access to part or all of the website, PRotF or Pledge Package items may be revoked or suspended at any time for any reason or no reason at the sole discretion of VR.
VR reserves the right to suspend, change, or cease the service (including, but not limited to, the availability of any support, item, function, feature, database, or Content) at any time for any reason or no reason. The Company may also restrict access to parts or all of the website or game without notice or liability.
VR does not offer refunds under any circumstances including but not limited to cases when it is unable to deliver all of part of a PRotF or a Pledge Package.
Terms are subject to change at any time without notice.
This website is provided “as is” without any representations or warranties, express or implied. VR makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, VR does not warrant that:
· this website will be constantly available, or available at all; or
· the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Regarding Donations, Pledges, and Subscriptions
VR will make a best effort to provide the reward(s) offered as part of subscription plans, shop items, or future virtual in-game items, but delivery is not guaranteed.
Limitations of liability
VR will not be liable to you (whether under the law of contracts, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
· to the extent that the website is provided free-of-charge, for any direct loss;
· for any indirect, special or consequential loss; or
· for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if VR has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VR’s liability in respect of any:
· death or personal injury caused by VR’s negligence;
· fraud or fraudulent misrepresentation on the part of VR; or
· matter which it would be illegal or unlawful for VR to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, VR has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VR’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VR’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VR.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify VR and undertake to keep VR indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VR to a third party in settlement of a claim or dispute on the advice of VR’s legal advisers) incurred or suffered by VR arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to VR’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VR may take such action as VR deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VR may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
VR may transfer, sub-contract or otherwise deal with VR’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with any additional Non-Disclosure Agreement(s), constitute the entire agreement between you and VR in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with The State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Diego, California.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with VR and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by VR that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and VR, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to VR should be sent to: 7668 El Camino Real , Suite 104-341, , Carlsbad, California 92009. After the Notice is received, you and VR may attempt to resolve the claim or dispute informally. If you and VR do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that VR made to you prior to the initiation of arbitration, VR will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits.
If you or VR pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and VR, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and VR.
(g) Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and VR in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with VR.
(m) Small Claims Court.
Notwithstanding the foregoing, either you or VR may bring an individual action in small claims court.
(n )Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Diego County, California, for such purpose.
Contacting Visionary Realms, Inc.
Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) VR is located at 7668 El Camino Real Suite 104-341, Carlsbad CA 92009 USA, (b) the fees and charges for VR vary depending on the services selected by you, and (c) if you have a complaint regarding VR or desire further information on use of VR, email firstname.lastname@example.org. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Portions of this document were created using a Contractology template available at http://www.freenetlaw.com.