Terms of Use
www.crimecraft.com
Terms of Use
Date Last Modified: May 20, 2009
Welcome to www.crimecraft.com (the “Site”). These Terms of Use constitute a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “End User” or “you,” and Vogster Entertainment LLC and its subsidiaries and affiliates (“Vogster,” “we” or “us”) for Vogster’s provision of website features and community activities in connection with the massively multi-player on-line role-playing game service (the “Service”) for CrimeCraft (the “Game”). If you use the Service or the Game, you accept and agree to be legally bound by these Terms of Use. Please read them carefully. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
1. Your Account
In order to participate in the Service, or to play the Game, you must create an account through the Site (the “Account”). You must be at least 18 years of age to create an Account. With regard to your registration for an Account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form, and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account or password. Vogster may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Vogster’s business (e.g., process orders and payments for any in-game items or services you purchase). Vogster respects your privacy, but it cannot ensure that your private communications and other personally identifiable information will not be disclosed to other third parties. For example, Vogster may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. For additional information regarding how we handle the information you transmit to us through the Site, please visit our Privacy Policy http://www.crimecraft.com/privacy_policy.
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Vogster.
2. Grant Of License And Restrictions
The Service may be used by you only for your personal, non-commercial use as provided in these Terms of Use. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, registered design, design right, copyright or other intellectual property right of Vogster.
You are granted a personal, limited, non-transferable, non-exclusive license to access the Site and use, for non-commercial purposes only, the Service, provided that you do not, and do not allow any third party to:
A. Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Site or any materials provided in the Service, including, but not limited to design and materials including all text, still and motion video, audio and audio visual materials, artwork, graphics, code and / or software (including the Game) and all other copyrightable elements (the “Content”);
B. Disrupt or assist in the disruption of any Game and/or Service server or any other End User’s Game and/or Service experience.
C. Use any meta tags or any other “hidden text” utilizing Vogster’s name or Marks (as described below).
D. Violate any Rules of Conduct (as described below)
The grant of this limited license is conditional upon your agreement to and compliance with all of these Terms of Use. Vogster may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. By way of example only, most Account suspensions or deactivations are the result of an End User’s failure to comply with any term(s) or condition(s) of these Terms of Service or an End User’s failure to make payment on his/her Account when due. Unauthorized or prohibited use of the Site or the Content may subject you to civil liability and criminal prosecution.
Vogster reserves the right to add, modify, or delete any information on the Site and in the Service at any time. Vogster makes no representation or warranty as to the completeness or accuracy of the information contained on the Site and/or Service, nor does it represent or warrant that the Site and/or Service will be available at all times. The information contained on the Site and in the Service may be incomplete, may contain errors, or become out of date at any time. Vogster makes no commitment and expressly disclaims any duty to update any of the content on the Site or in the Service.
For avoidance of doubt, your use of the Game is governed by both these Terms of Use and the EULA accompanying the Game. You can access the EULA here: http://www.crimecraft.com/eula. To the extent any provision of these Terms of Use conflicts with any provision of the EULA, the Terms of Use shall govern.
3. 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.
J. End User License Agreement. At all times during gameplay, in addition to being bound by these Rules of Conduct, you will also be bound by the terms of the EULA. You can access the EULA here: http://www.crimecraft.com/eula.
4. Communication Facilities.
The Service may include forums through which you can communicate with other players of the Game (“Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send messages in connection with the Game. By way of example only, and not limited to the following, you agree you will not:
A. Transmit messages which are, in Vogster’s sole discretion, offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;
B. Post advertisements to sell goods or services;
C. Impersonate any real person, including without limitation an agent of Vogster, or otherwise communicate in the Communication Services in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Vogster.
D. Engage in “trolling,” (as described above).
E. Engage in spamming, double posting, cross-posting, and resurrecting old posts.
F. Hack any Communication Facility or exploit any bugs in same.
Additional rules in connection with the Communication Facilities may be posted within such facilities. Vogster has no obligation to monitor the Communication Facilities, but reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Communication Facilities reflect only the view of their authors and Vogster specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in the Communication Facilities. Vogster is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
5. User Generated Content
You may be provided with the opportunity to create and submit content through the Service or the Site in connection with the Game (“User Generated Content”). User Generated Content must not i) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; ii) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; iii) violate any law or regulation; or iv) violate these Terms of Use (including the Rules of Conduct).
All right, title, and interest, including copyright, in and to the User Generated Content shall be owned by Vogster. To the extent you are deemed to have retained any right, title and interest to your User Generated Content, you hereby transfer, assign, and irrevocably relinquish to Vogster all such right, title and interest in perpetuity worldwide. To the extent permitted by law, you hereby relinquish all moral rights you may have in your User Generated Content. You agree to execute any and all written instruments which may be required to give full effect to the above assignment.
Vogster has no obligation to monitor User Generated Content, but reserves the right to review User Generated Content, and to remove any materials at any time, without notice, and for any reason and in its sole discretion. User Generated Content reflects only the view of its author(s) and Vogster specifically disclaims any liability with regard to User Generated Content.
6. Intellectual Property
A. All right, title and interest, including copyright, in the Service, Content, and the Game are owned by Vogster, or its licensors or other respective owners. All rights reserved.
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.
7. Purchases
Vogster shall endeavor to deliver properly ordered in-game items and/or services to you within a reasonable amount of time. However, on occasion, technical problems may delay or prevent delivery of the ordered item and/or service. Your sole remedy with respect to an item or service that is not delivered within a reasonable amount of time is to either receive a replacement of such item or service, or a refund of the purchase price paid for such item or service, as determined by Vogster in its sole discretion.
8. Consent to Monitor
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, Internet Protocol address(es) and operating system(s), for purposes of improving the Service and/or Game, and to monitor and enforce the provisions of these Terms of Use.
9. Disclaimer
THE SITE AND SERVICE ARE PROVIDED BY VOGSTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VOGSTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, VOGSTER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICE, VOGSTER SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF VOGSTER, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. 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.
10. Limitation of Liability
IN NO EVENT SHALL VOGSTER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF VOGSTER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Your use of the Site and the Service constitutes your agreement to defend, indemnify, and hold harmless Vogster, and its respective employees, contractors, officers, directors, licensees (excluding you), sublicensees, 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 of these Terms of Use; ii) your use or misuse of the Service, or iii) the use or misuse of the Service by a third party using your Account.
12. External Sites
The Site and/or Service may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Vogster does not review or evaluate all of the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall Vogster be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Sites.
13. Electronic Communications
When you visit the Site, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Equitable Remedies
You agree that Vogster would be irreparably damaged if the terms of these Terms of Use 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 these Terms of Use, in addition to such other remedies Vogster may otherwise have available to it under applicable laws. This section shall survive the termination of these Terms of Use.
15. Severance
If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are 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 these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.
16. Waiver
Vogster’s failure to enforce any term of these Terms of Use at any time shall in no way be construed to be a present or future waiver of such term.
17. Governing Law/Jurisdiction
These Terms of Use are 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 these Terms of Use, 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.
18. Modification of Terms of Use
Vogster shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of any such changes on the Site. Please review these Terms of Use regularly to ensure you are aware of any changes made by Vogster. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms of Use as updated and amended.
19. Contacting Us
If you have questions about these Terms of Use, the information practices of Vogster, or your dealings with Vogster, please contact us at support@crimecraft.com
20. Prize Restrictions
Prizes are non-transferable. No substitutions or exchanges of any prizes will be permitted, except that Vogster reserves the right to substitute a prize of equal or greater value for any prize. Winners will be notified through in-game email and through a customer service ticket. Winners who do not respond for any reason within thirty (30) days of the date the CS ticket was created, or refuse to execute an applicable document, or refuse to provide all information required, forfeit their prize. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). FEDERAL, STATE, AND LOCAL TAXES, INCLUDING, WITHOUT LIMITATION, AS APPLICABLE, VAT TAXES AND CUSTOMS TAXES, WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The total value of cash prizes may be affected by fees.
All cash prizes are to be paid in U.S. currency and delivered to the winners via online gift card, PayPal or CrimeCraft Gold Bars. By accepting any prize, winners are subject to any rules and limitations of any third-party provider. Winners may be required to complete and submit an IRS form W-8 or W-9 to receive any cash prize.
© 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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