EULA
Crime Craft
End User License Agreement
Date Last Modified: May 20, 2009
IMPORTANT, PLEASE READ CAREFULLY BEFORE CLICKING “I ACCEPT”
THIS SOFTWARE IS LICENSED, NOT SOLD. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOUR PURCHASE OF THE GAME, YOU MAY EMAIL SUPPORT@CRIMECRAFT.COM TO REQUEST A FULL REFUND OF YOUR PURCHASE. ONCE YOU AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
1. General
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “End User” and Vogster Entertainment LLC (“Vogster”) for the game accompanying this EULA which includes interactive entertainment software and may include associated media, printed media, and on-line or electronic documentation, as further defined below (collectively, the “Game”). The Game may only be played by obtaining from Vogster access to the CrimeCraft massively multi-player on-line role-playing game service (the “Service”) located at www.crimecraft.com (the “Site”), which is subject to a separate terms of use agreement (the “Terms of Use”) incorporated into this Agreement by reference. You can access the Terms of Use at http://www.crimecraft.com/terms_of_use. You agree that your use of the Game constitutes an acknowledgement that you have read this EULA, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are at least 18 years of age.
2. Game
The Game, as used in this EULA, means collectively:
A. The computer software required in order to play the Game onto your computer including, but not limited to the game software, installer software, launcher software and download manager (“Game Client”);
B. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (“Game Content”);
C. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”);
D. All services provided by Vogster in connection with the Game, including, but not limited to support, chat, in-game events, and interactions with game masters (“Support Services”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Game (the “Upgrades”), if any. The terms of this EULA will govern any Upgrades provided by Vogster that replace and/or supplement the original Game, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Grant Of License And Restrictions
A. If you agree to the terms and conditions of this EULA, you may install the Game Client onto your computer by registering for and accessing an account with the Site (“Account”). Provided that you comply with all terms and conditions of this EULA, Vogster grants you a non-exclusive, non-transferable end user license to install the Game on the local hard disk(s) or other permanent storage media of your computer. You may install the Game on multiple computers, but you may only play the Game on a single computer at a time.
B. You shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof. All right, title, and interest in and to the Game, including without any limitation whatsoever the Game Content and all logos, trademarks and service marks of Vogster, and any authorized modifications thereof, shall belong solely to Vogster and its licensors.
C. You hereby expressly agree not to create or use “cheats,” “bots,” “mods,” “add-ons,” “hacks,” and/or any other third-party software designed to modify the Game;
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Game, or otherwise attempt to derive the source code of the Game, except to the extent permitted by law.
E. You hereby expressly agree not to auction, loan, lease, rent, sublicense, assign, or transfer the Game or any rights under this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
F. You hereby expressly agree not to use your Account in any commercial manner and/or for financial gain. By way of example only, you shall not accrue in-game currency or other items for sale outside the Game, nor perform in-game services in exchange for payment outside the Game.
G. You hereby expressly agree to be bound by the Rules of Conduct, as described below.
4. Rules of Conduct
Your use of the Game and the Service is governed by certain “Rules of Conduct” which you must follow. The following Rules of Conduct are not meant to be exhaustive, and Vogster reserves the right to discipline any End User in any manner it sees fit for a violation of the Rules of Conduct. Vogster reserves the right to modify the Rules of Conduct at any time.
A. Administration. Game representatives (“Game Master(s)”) will be the judges of whether the Rules of Conduct have been violated, and will administer corrective action such as issuing a warning to the Account holder, issuing demerit points (as described below), modifying an Account or character’s gameplay, suspension of an Account, or deactivation of an Account. If you believe that a Game Master has not been fair in his/her judgment and wish to dispute any action taken by such Game Master, you may submit a complaint detailing your grievance with supporting screenshots to support@crimecraft.com.
B. Demerits. Demerit points may be issued to an End User’s account if a complaint is made against that End User by another End User, or if a Game Master determines that the End User has violated the Rules of Conduct. Demerit points accumulate, and may result in suspension or deactivation of that End User’s Account if multiple violations have occurred within a short period of time. Demerit points will be deleted after the End User has committed no new infractions for a period of time.
C. Impersonation. Impersonating any real person, including without limitation an agent of Vogster, whether as a character name or otherwise, is prohibited.
D. Instructions From Game Masters. You are required to comply with any request made by a Game Master investigating a complaint. Giving false information, or withholding information, may constitute a demerit against your Account.
E. Illegal Activities. You may not use the Game as a resource for organizing or participating in real-life criminal activities.
F. Exploits/Bugs. Situations which grant an unfair advantage or disadvantage, or negatively affect gameplay should be reported immediately using the “/report” command, and may not be exploited once found. Knowingly using exploits/bugs may result in inventory resets, forced respecs, or deactivation of your Account.
G. Misinformation. Campaigning of negative propaganda against the Game or any Game Master, in or out of the Game, may result in suspension of your Account.
H. Abusive Reporting. Persistently submitting false reports of abuse by another End may result in demerit points against your Account.
I. Harassment and Trolling. “Trolling” shall be defined as an attempt to start an argument, or the intentional insulting of another End User in order to achieve same. The Game is a unique game which gives players a wide variety of methods to enact swift, cold, vigilante justice. Because such methods are provided by the Game’s design, Vogster does not punish or demerit End Users who are persistent trolls in-game. If you feel that you are being harassed by another End User, you may use the “/mute” command to disable any chat messages from him/her, or the “/forget” command to put him/her on your permanent hide list. You may use the “/report” command to report any violation of these Rules of Conduct.
5. Reservation Of Rights
All rights not expressly granted herein are reserved by Vogster.
6. Term
A. This EULA is effective until terminated. You may terminate it at any time by deactivating your Account, destroying the Game with all copies, full or partial, and removing all of its component parts, including the Game Client from your computer(s). To request deactivation of your Account, please contact us at support@crimecraft.com.
B. Vogster may suspend, deactivate or terminate your Account at any time for any or no reason, with or without notice to you. By way of example only, most Account suspensions, deactivations or terminations are the result of a user’s failure to comply with any term(s) or condition(s) of this EULA or a user’s failure to make payment on his/her Account when due.
C. Upon termination of this EULA, you shall cease all use of the Game and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts, including the Game Client, from your computer.
7. Intellectual Property Rights
A. The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and Vogster, Vogster shall retain all right, title, and interest in your Account, the Game and any modifications or improvements made thereto, and any Game Content, Upgrades and/or Documentation provided to you. You will not obtain any ownership rights whatsoever in your Account, the Game, Game Content, Upgrades and/or Documentation.
B. CRIMECRAFT™ and certain related names and logos are registered and/or unregistered trademarks, service marks and/or trade names of Vogster Entertainment LLC. This and all other trademarks, service marks, and trade names (the “Marks”) are proprietary rights owned by Vogster Entertainment LLC or other respective owners that have granted Vogster Entertainment LLC the right and license to use such Marks.
C. As between you and Vogster, you acknowledge Vogster’s exclusive rights in the Game and that the Game is unique and original to Vogster and that Vogster is the owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Vogster’s exclusive right, title and interest in and to the Game or the validity thereof.
D. You agree that you will not remove, obscure, make illegible or alter any notices or indications of Vogster’s ownership of all right, title and interest, including without limitation all intellectual property rights, in and to the Game and any modifications or improvements made thereto, and any Upgrades and/or Documentation provided to you, whether such notices or indications are affixed on, contained in or otherwise connected to any materials provided to you.
E. You shall not attempt to develop any Game that contains the “look and feel” of any of the Game.
F. If you purchase any gold or premium items for your character, you are purchasing a license to use said items, which license will terminate upon termination of this EULA.
G. You acknowledge that he Game may contain digital rights management software.
8. Playing the Game
This Game is an on-line game that must be played over the Internet through the Service as provided by Vogster. You understand and agree that the Service is provided by Vogster at its discretion and may be terminated or otherwise discontinued by Vogster at any time without notice or refund.
9. Consent to Monitor
When running, the Game may monitor your computer’s random access memory for Unauthorized Third-party Programs running concurrently with the Game. An “Unauthorized Third-party Program” shall be defined as any third-party software prohibited in Section 3.
When the Game is running, Vogster may obtain certain identification information about your computer and its operating system, including without limitation your hard drives, central processing unit, IP address(es) and operating system(s), for purposes of improving the Game and/or the Service, and to enforce the provisions of this EULA.
10. Required Software
The computer on which you play the Game must meet minimum system requirements. You acknowledge that the Game Client may contain additional software and/or middleware (“Required Software”) that are necessary to play the Game, and that said Required Software may be installed on your computer when you install the Game Client. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, or decompile any Required Software, or create any derivative works based on the Required Software, except to the extent permitted by law.
11. Export Law Assurances
You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Game, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
12. Disclaimer Of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VOGSTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VOGSTER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VOGSTER OR A VOGSTER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOGSTER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VOGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VOGSTER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH A PRODUCT OF COMPARABLE RETAIL VALUE, AS VOGSTER MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
14. Indemnification
Your use of the Game constitutes your agreement to defend, indemnify, and hold harmless Vogster, and its respective employees, contractors, officers, directors, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of i) your breach of any term of this EULA; ii) your use or misuse of the Game, or iii) the use or misuse of the Game by a third party using your Account. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
15. Equitable Remedies
You agree that Vogster would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Vogster shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies Vogster may otherwise have available to it under applicable laws. This section shall survive the termination of this EULA.
16. Severance
If any terms of this EULA are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this EULA is intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from this EULA and the remaining terms of this EULA shall survive, remain in full force and effect, and continue to be binding and enforceable.
17. Waiver
Vogster’s failure to enforce any term of this EULA at any time shall in no way be construed to be a present or future waiver of such term.
18. Controlling Law
This EULA is governed by and construed in accordance with the laws of the State of New Jersey. You agree to submit to the personal jurisdiction of the courts of the State of New Jersey for any cause of action arising out of or relating to this EULA, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.
19. Entire Agreement
This EULA constitutes the entire agreement between you and Vogster with respect to the subject matter herein; provided, however, that this EULA shall coexist with, and shall not supersede, the Terms of Use. You can access the Terms of Use here: http://www.crimecraft.com/terms_of_use. To the extent any provision of this EULA conflicts with any provision of the Terms of Use, the Terms of Use shall govern.
20. Modifications to EULA
Vogster reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this EULA when Vogster upgrades the Game Client. Please review the EULA regularly to ensure you are aware of any changes made by Vogster. Your continued use of the Game after changes to the EULA are made means you agree to be legally bound by the EULA as updated and amended.
21. Contacting Us
If you have questions about this EULA, the information practices of Vogster, or your dealings with Vogster, please contact us at support@crimecraft.com or Vogster Entertainment LLC, located at 1 Route 17 South Suite 235, Saddle River NJ 07458, Telephone: 201-962-3693.
© 2009 Vogster Entertainment, L.L.C. All rights reserved. CrimeCraft and the CrimeCraft logo are trademarks of Vogster Entertainment, L.L.C. in the U.S. and/or other countries. Vogster Entertainment and the Vogster Entertainment logo are registered trademarks of Vogster Entertainment, L.L.C. in the U.S. and/or other countries. The ratings icon is a registered trademark of the Entertainment Software Association. All other trademarks are the property of their respective
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