PANDA POET TERMS OF SERVICE ("TOS")
BY USING THE PANDA POET ONLINE GAME, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED THE FOLLOWING TERMS OF SERVICE ("TOS"), THAT YOU AGREE TO BE BOUND BY THEM AND THAT YOU WAIVE ANY DEFENSE BASED ON THE METHOD OR MANNER THROUGH WHICH YOUR AGREEMENT TO THESE TERMS OF SERVICE HAS BEEN ENTERED INTO.
Welcome to Panda Poet (the "Game") brought to you by Spry Fox LLC, (referred to as "Spry Fox"). Your use of the Game is governed by these Terms of Service ("TOS") that you agree to when you open an account and play the Game on your computer. You must agree to these TOS before you can open an account to play the Game. The TOS are set out in detail below and also available on the Panda Poet web site. By opening an account and playing the Game you are specifically agreeing to these TOS. Have fun and enjoy Panda Poet!
1. Limited License to the Game. Your participation in the Game as a registered user ("User") is subject to your ongoing agreement to and compliance with these TOS. Spry Fox grants you a non exclusive, non transferable, revocable license to the Game, subject to these TOS. You may only use the Game for your entertainment. Any commercial use or exploitation of the Game in any manner is strictly prohibited.
2. Conditions and Limitations. Your Limited License to the Game is subject to the following conditions and limitations: a. You will not commercially exploit the Game, either directly or indirectly, in any manner; b. You will not use any unauthorized third-party software that intercepts or otherwise collects information from or through the Game such as software used to collect data from your computer through your computer regarding a character in the Game or any third party created player interface that is not specifically authorized by Spry Fox; c. You will not in any manner disrupt or facilitate in the disruption of any server used to support the Game or any other player's computer used to play the Game including, but not limited to, ping bombing or denial of service attacks. You acknowledge that, in addition to such actions being a violation of these TOS, they may also be in violation of criminal and civil law and could subject you to criminal and civil penalties; and d. You will not use the Game in any manner that violates any law, government regulation or that interferes with any third party rights.
3. Spry Fox Ownership of the Game. Spry Fox and its licensors, own all right, title and interest in and to the Game as well as to any content derived from the Game, including any User generated content. This exclusive ownership includes all User accounts and characters, any User virtual content acquired in the Game, computer code, art, animations, sounds, musical compositions, visual effects, characters, character names, stories, dialogue, dialog, locations, concepts, moral rights, documentation, "applets" incorporated into the Game and transcripts of the chat, character profile information, player generated recordings of games played the Game and related server technologies. You understand and acknowledge that Spry Fox will constantly make changes to the Game and will, in its sole discretion, modify features, functions or abilities of any element of the Game without limitation.
4. Use of Game content. You may use our images, text, and video or audio files from the Game within the following rules. a. The content must be used in a noncommercial context for private, personal use only. b. You must include all copyright and other notices associated with the content. c. You will not create or display and any content or videos of the Game that alter the content in a negative manner to misrepresent the content or gameplay in a negative way. d. You acknowledge and agree any use of Game content does not in any manner impart on you any rights whatsoever and that any and all content is the property of Spry Fox and has not been conveyed to you except in a limited revokable manner as permitted in these TOS. e. You agree that Spry Fox has the right to request removal of our content at any time for any reason or for no reason and you agree to immediately remove any content if requested to do so by Spry Fox. f. You acknowledge and agree that you will not use any content from the Game on sites that contain, or link to sites that contain, hacks or cheats, pornography, inflammatory content, infringing or unlawful content.
5. Use of Player Account. You acknowledge that you, the individual agreeing to this TOS and opening a player account, is an adult acting on their own behalf, or acting on behalf of one or more minors to whom they are parent or legal guardian. If you are not an adult, you must not create an account without adult permission and supervision. Spry Fox hereby disclaims any and all responsibility and liability for any unauthorized use of your Account. It is up to you to take appropriate measures to safeguard your username and password.
6. Game Account. In order to play the Game each player must establish an Account. When creating an account you will provide Spry Fox with your email address. You must provide a valid email to Spry Fox and update it promptly if it changes. Once you establish your Account you will select a player name and set up a password for your Account. Do not share your player name or password with anyone else. You are responsible for maintaining the confidentiality of your Account player name or password, and you will be responsible for all uses of your Account, whether you authorize its use or not. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Account player name or password, you must immediately notify Spry Fox at firstname.lastname@example.org.
7. Account Termination. You or Spry Fox can terminate your Account by closing your Account at any time. If your Account is terminated by you or by Spry Fox, for any reason or for no reason, you forfeit your right to any and all in game credits you may have pre-purchased. You agree and acknowledge that you will not be entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of you Account.
8. Account Ownership. THE ACCOUNT YOU CREATE FOR THE GAME REPRESENTS YOUR LICENSE TO PLAY THE GAME. IT DOES NOT IMPART OR REPRESENT ANY OWNERSHIP RIGHT TO YOU IN ANY CHARACTERS, ITEM OR CONTENT IN THE GAME. YOU UNDERSTAND AND AGREE THAT ALL OF THE CONTENT IN THE GAME IS THE EXCLUSIVE PROPERTY OF SPRY FOX AND YOU HAVE NO PROPERTY RIGHT OR OTHER VESTED INTEREST OF ANY KIND IN YOUR ACCOUNT OR IN ANY OF THE IN-GAME CHARACTERS, ITEMS OR ATTRIBUTES ACQUIRED BY YOUR CHARACTERS IN THE GAME. YOU AGREE AND ACKNOWLEDGE THAT ANY AND ALL RIGHTS TO YOUR ACCOUNT ARE OWNED BY SPRY FOX.
9. Management of Accounts. YOU ACKNOWLEDGE AND AGREE THAT SPRY FOX, AT ITS SOLE DISCRETION, MAY SUSPEND, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON WITH OR WITHOUT NOTICE TO YOU. IF FOR ANY REASON OR FOR NO REASON YOU ACCOUNT IS TERMINATED, SUSPENDED OR ALTERED IN ANY MANNER YOU WILL NOT BE ENTITLED TO COMPENSATION FOR THE TIME YOU SPENT PLAYING THE GAME OR FOR ANY OTHER COMPENSATION. IN ADDITION, YOU ACKNOWLEDGE THAT PAYING FOR USE OF THE GAME DOES NOT GUARANTEE THAT IT WILL REMAIN ONLINE INDEFINITELY.
10. Rules of Conduct. The Game is for the entertainment and enjoyment of all of its players. So, there are rules of conduct that help keep the Game fun for everyone and also protect Spry Fox's rights (the "Rules"). You must comply with these Rules while playing the Game and also while posting on the related forums, including those on any third party fan sites. These Rules must be complied with by everyone who plays the Game without exception. All account holders agree to comply with these Rules of Conduct. The Rules set out here are in no way meant to limit any of Spry Fox's discretionary rights regarding accounts or conduct. They are guidelines that should be followed at all times. Spry Fox retains the right to change these Rules of Conduct at any time. a. Player Conduct. The following Rules of Conduct apply to all players within the Game, or on the official Game online web sites or forums or on any fan web sites or forums: I. While playing the Game, you must respect the rights of others and their rights to play and enjoy the game. ii. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players within the Game or on any official or third party Game web sites. iii. You will not report players maliciously, or cause them to be investigated by Spry Fox for misconduct or violation of these TOS without reason. iv. You may not post or communicate any player's real world information (name, address, account names, etc.) in the Game or on the official or third party Game web sites. v. You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language within the Game or on the official or third party Game web sites. vi. You may not post or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive imagery or content within the Game or on the official or third party Game web sites. vii. When communicating in The Game using Chat (including, without limitation, server wide chat and use of the whisper command), you may not spam, flood, or make duplicate posts. viii. You may not impersonate any employee of Spry Fox or anyone acting under the authority of Spry Fox or its affiliates within the Game or on the official or third party Game web sites. ix. You may not violate any local, state, national, or international laws or regulations within the Game or on the official or third party Game web sites. x. You may not market, promote, advertise, or solicit within the Game or on the official or third party Game web sites. xi. You may not trick, cheat or defraud any fellow player out of game currency, items or any other in a game item of value. xii. You will follow the instructions of authorized personnel while in The Game or on the official Game web site. xiii. You may not organize nor be a member of any groups within the Game that are based on, reflect or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies. b. Player and Group Names. Each player gets to select a player name. However, these names have certain restrictions on them. The names of Groups of Users are also governed by the following rules. I. You may not use any name that belongs to another person with the intent to impersonate that person, including any employee of Spry Fox or anyone acting under the authority of Spry Fox or its affiliates, within the Game or on the official Game web sites. ii. You may not use any name that incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable. iii. You may not use any name that belongs to a public figure, celebrity, or media personality. iv. You may not use any name that is, contains, or is substantially similar to a trademark or service mark, whether registered or not. v. You may not use any name that belonging to any religious figure or deity. vi. You may not use any name that is from the Game. vii. You may not use any name that relates to drugs, sex, alcohol, or criminal activity.
11. Transfer of Account or Virtual Items Prohibited. Spry Fox does not allow or recognize the transfer of accounts or any virtual items acquired in the Game. You cannot sell, purchase or trade any Account, or offer to sell, purchase or trade any Account. Similarly, since Spry Fox owns all of the content in the Game, you cannot sell or purchase any virtual items or characters from the Game. Similarly, you cannot trade in game items from the Game for money or anything else of value from outside the Game.
12. Disclosure of Information. You acknowledge and agree that Spry Fox has the absolute right, at its sole discretion and without notice to you, to disclose your Internet Protocol (IP) address(es), email address, Chat logs, and other information about you and your activities in response to a request by law enforcement, a court order or other legal process, if doing so may protect your safety or the safety of others or to protect or enforce Spry Fox's rights in the Game.
13. Active Game and Account Monitoring. You agree that Spry Fox may use whatever procedures or protocols it may deem necessary to monitor your activity in the Game. If you request customer service or technical support, you understand and agree to Spry Fox or its authorized agents engaging in remote access and review of your computer for purposes of such support. In addition, though not obliged to do so, Spry Fox may monitor, record, review, modify or disclose any player chat in the Game, whether voice or text, without notice, and you hereby consent to such monitoring, recording, review, modification or disclosure. You understand that you participate in any chat or other communication with other players of the Game (wihthin or outside of the Game) at your own risk.
14. Multiplayer Environment. The Game is accessed by multiple game players simultaneously. As a result, you may encounter other players who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You should report any instances of such behavior by sending the player name and description of the offensive conduct to email@example.com. Spry Fox will endeavor to investigate and take whatever actions that Spry Fox, in its sole judgment, determines are reasonable under the circumstances. Spry Fox does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game in the multiplayer environment, and Spry Fox assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for the conduct of any other players.
15. No Warranty. THE GAME IS PROVIDED TO YOU "AS IS" AND SPRY FOX DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRY FOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. SPRY FOX DOES NOT WARRANT THAT THE GAME WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.
16. Limitation of Liability. AS A CONDITION OF YOUR LIMITED LICENSE TO THE GAME AND OF YOUR CONTINUED USE AND ACCESS TO THE GAME YOU AGREE THAT SPRY FOX, ITS AGENTS, SUBSIDIARIES, LICENSORS OR AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE GAME. ANY LOSS OR DAMAGE TO YOUR PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR PLAYER PROFILE INFORMATION, FOR ANY INTERRUPTIONS OF YOUR ABILITY TO PLAY THE GAME, FOR ANY SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF YOUR ABILITY TO PLAY THE GAME. YOU FURTHER AGREE THAT YOU WILL NOT ASSERT OR MAKE ANY CLAIM OR SUIT AGAINST SPRY FOX OR ITS AGENTS, SUBSIDIARIES, LICENSORS OR AFFILIATES RELATED TO OR BASED ON YOUR CLAIMED OWNERSHIP OF ANY VIRTUAL CHARACTER OR GOODS IN THE GAME OR FOR THE DELETION OR TERMINATION OF YOUR PLAYER ACCOUNT OR CONTENT, IN WHOLE OR IN PART, FOR ANY REASON OR FOR NO REASON.
17. Governing Law and Venue. These TOS are governed by and construed in accordance with the laws of the state of Washington, USA, and will be binding upon the account holders in the Game worldwide. You hereby agree to the jurisdiction of the appropriate judicial tribunal in Seattle Washington USA. You agree to the resolution of any and all disputes arising under these TOS, or actions to enforce the terms of these TOS, is in the exclusive jurisdiction of state and federal Courts located in Seattle, King County, Washington, USA. YOU AGREE THAT YOU WAIVE ANY OBJECTION TO SUCH VENUE OR EXCLUSIVE JURISDICTION.
18. Additional Spry Fox Remedies. You agree that your compliance with these TOS is necessary and reasonable in order to protect Spry Fox and its business, and expressly agree that monetary damages would be inadequate to compensate Spry Fox for any breach of these TOS. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Spry Fox and that, in addition to any other remedies that may be available in law, equity or otherwise, Spry Fox will be entitled to obtain injunctive relief against the threatened breach of the TOS or the continuation of any such breach by you, without the necessity of a bond or proving actual damages.
19. Severability of Provisions. If a court of competent jurisdiction holds any term, covenant or restriction of these TOS to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and provisions will remain in full force and effect and will in no way be affected, impaired or invalidated. If any provision in these TOS is determined to be unenforceable because of its scope, duration, geographical area or other factor, then the court making that determination will have the power to reduce or limit such scope, duration, area or other factor, and such provision will be then enforceable in its reduced or limited form to the maximum extent allowable.
20. Complaints. Any User complaints related to the Game or to any violation of these TOS should be directed to firstname.lastname@example.org.
21. Copyright Claims. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Spry Fox's Designated Agent listed below. For your notice to be effective, it must include the following information: i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii) A description of the copyrighted work that you claim has been infringed upon; iii) A description of where the material that you claim is infringing is located on this game; iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spry Fox's Designated Agent is: email@example.com Spry Fox LLC c/o The Game Attorney PC 23133 Vashon Highway SW Vashon, WA 98070
- - - Well, that's it. If you have any questions or comments, please send them, to firstname.lastname@example.org. Now start playing and enjoying the challenge of Panda Poet. Panda Poet Terms of Service, version 1.01.