Microcosm Games Ltd - Terms Of Service
This agreement provides you with the legally binding terms for your use of the Microcosm Games Ltd Facebook Platform (r) applications, websites or services (collectively “internet services”). By using any of the Microcosm Games Ltd internet services, you are agreeing to be bound by this Agreement. This agreement applies regardless of whether you are merely accessing or visiting any of the internet services or have actually registered for interacting with any of the internet services. You should carefully read this agreement and save a copy for your records.
If you do not agree with the terms, then you must discontinue any and all use of the internet services immediately.
On the other hand, if you want to interact with any of the internet services, you must indicate your acceptance of the terms during the registration process (if you wish to become a member), or you agree to its acceptance by your interaction with the internet services.
Finally, please note this agreement covers both the acceptable uses of the internet services, as well as your rights, obligations and restrictions on use of the internet services.
II. Some Definitions:
In this section, you will find some of the definitions contained in this agreement.
You, Your, Etc.: This is you, the user.
We, Us, Etc.: This is “Microcosm Games, Ltd.”
We are located at:
@Wales Digital Media Initiative
Saint Line House
Mount Stuart Square
Tel: +44 (0)29 2044 4777
and are a Wales-based company.
Internet Services: This encompasses anything Microcosm Games Ltd provides as internet-based content, such as websites, forums, blogs, Facebook Platform (r) applications and other games. It does not encompass any data created by any other third party, even if it appears on or is accessible through an internet service provided by Microcosm Games, Ltd.
Turn-based gaming: One of our internet services is to provide turn-based gaming processing services through the internet. Such gaming is, at its heart, based on actions generated by a player and sent to us, after which then we process the turn and send results back to the player. The internet just allows us to do it quickly and efficiently. Please contact us at firstname.lastname@example.org if you are interested in having turns for these applications processed in a different manner. Please place “Turn-based Enquiry” in the subject line.
Website: All of the electronic “pages” specifically hosted under our parent domains, currently including www.microcosmgames.com and www.oneringgame.com. It also refers to content generated by Microcosm Games Ltd for other internet services, such as our Facebook Platform (r) applications. This term does not include pages hosted on other sites. Microcosm Games Ltd takes no responsibility for any content not actually created by Microcosm Games, Ltd.
Services: Almost all of the non-commercial (non-advertising paid) content of the website is a service. This includes the various personal sites members can create and visitors can browse, as well as the various blogs.
Facebook Platform (r) application: This includes any of our Facebook Platform (r) applications.
Parent Domain: This is www.microcosmgames.com.
Users: This includes both visitors and members.
Visitors: Anyone just browsing or viewing any of our internet services without actually interacting with any of it.
Members: Anyone who interacts with any of our internet services, whether they have registered for such interaction or not.
III. Duration of the Agreement:
This agreement runs as long as our internet services are in operation, with a few exceptions. First, we can modify the terms of the agreement from time to time. These modifications become immediately effective and you agree to be bound to any changes to this Agreement when they are made and posted through one of our internet services. Make sure you read this agreement from time to time so you can be updated as to the latest changes. Second, when you cease using our internet services, you understand that any duties we owe you cease immediately except where otherwise mandated by law. Your duties to us are ongoing as provided by all applicable laws (such as the various statutes of limitations on actions). Finally, we do not monitor, nor have any agreements with, or duty to, others observing you use or access any of our internet services, or with others using or accessing our internet services as if they were you. In fact, your use of our internet services indicates you agree to hold us harmless and indemnify us from such parties. For example, if you are using our internet services to play a game and your friend is watching, our agreement is with you, not your friend. If your friend logs in to play one of our games using your username and password, you are responsible for your friend’s activities. Your friend may also be liable because our internet services may not be used unless the user agrees to use our internet services.
IV. Content You Provide:
Our internet services allow you to supply your own content, such as character names, forum posts, etc. Make sure you carefully consider the information you want to post, as it becomes available to other users. You may not include or show any specifically sexual or excessively violent explicit material. You may not use our internet services in a manner to harass, stalk, frighten, or intentionally offend others. You may not use our internet services to promote any other commercial activity. You may not post any matters which would infringe on the intellectual property rights of others (for example, you may not name a character after the property of another, such as a Disney character).
We always have the option of asking you to edit or remove content we have decided, in our sole opinion, is inappropriate for the internet services. Also, we can edit or remove any content without warning or liability. This can be done for any reason with or without prior notice to you.
V. Content You View:
Despite the limitations discussed above, people might post offensive or inappropriate information. Also, just because we did not remove content or ask for content to be removed does not mean you will find no offensive content on the website. We take no liability and assume no responsibility for any of the content, images, products, or services offered by anyone else. If you think something on the website violates the restrictions shown in “IV. Content You Provide:” please email us the details of the information at email@example.com. Please put “Internet Content Question” in the subject line.
VI. Membership Registration:
Registering to be a member means you are accepting a number of responsibilities and making a number of promises and warranties to us.
First, use of our internet services may be prohibited by local laws, rules and regulations. Unfortunately, we are not in a position to be able to monitor each and every jurisdiction of laws and the inevitable changes in them that occur from time to time. If you are in a location where use of our internet services is prohibited, then you should not register as a member.
Secondly, when you register, you are warranting and guaranteeing to us that all the information you provided to us is true and accurate. In order to use our internet services, you are agreeing to continue to update the accuracy and truthfulness of that information.
Third, you are guaranteeing that you are at least 14 years old. You are guaranteeing that as far as you know, your use of this website does not violate any laws, rules or regulations.
Fourth, you understand we have the right, in our sole discretion, to ban or bar service to anyone, with or without cause, with or without notice, at any time.
Fifth, you can terminate your membership at any time, in which case the information you posted MAY (meaning not automatically) be deleted or no longer viewable. Remember; even after you terminate your agreement, the terms of this agreement still bind you for the duration of all applicable laws.
Sixth, you are agreeing you will treat other members, as well as us, civilly and with respect.
VII. Your Password, User Name and Account Information:
When you sign up for membership, you may be asked to create a password, a user name and account information. This is used to identify you for our internet services. You are solely responsible for keeping your password safe and confidential from others. You agree not to give out your password to anyone other than us. You agree not to use anyone else’s password, user name or account information for any reason, unless specifically authorized to do so. If you think someone is using your password, user name or account information, you must immediately inform us. Please email us the details at firstname.lastname@example.org. Please put “Account Information Request” in the subject line. Remember, your account information may be seen by others and you are solely responsible for its content!
VIII. Charges for Services:
Some of our internet services are free, and some have charges for part or all of the internet services*. (It is possible that other content providers will not charge you for using their services.) Also, we may chane any or all of our charges or methods of charging for use of internet services in the future. You agree to pay those fees or terminate your use of our internet services. Further, if you cease using our internet services, you also agree that any unused or unallocated portion of such fees are forfeited and we may keep them. ANY FEES PAID ARE DEEMED EARNED IN FULL AT THE TIME OF PAYMENT. Sorry, no refunds.
*Some of our internet services are free, but you can pay more monies for enhanced use of the services. For example, you might be playing one of our Facebook Platform (r) application games, and it allows you to play for free. However, you may be able to also pay us money in exchange for in-game bonuses.
IX. Banned and Disallowed Activity:
The internet is a powerful communication tool; however, our internet services is not designed as place for complete exercise of “freedom of speech”. There are a number of activities that are banned, barred or otherwise disallowed. What follows is a partial list of content that is either illegal, prohibited or otherwise banned from posting in any way on the website. If we discover any such information, we can prosecute you in court as well as refer you to the appropriate authorities for other legal actions to be taken against you. Also, as mentioned above, we can edit, delete or otherwise restrict any of the information we feel violates this agreement, with or without notice and without any limitations. We have divided up the following partial list into disallowed (prohibited, banned, etc.) content (in other words material or information posted to the website), and disallowed (prohibited, banned, etc.) uses of the website.
The following is a partial list of all disallowed content:
1. Anything patently offensive.
2. Anything promoting hatred, racism or bigotry against others.
3. Anything advocating harm to one’s self or others.
4. Anything that is either harassing or stalking in nature.
5. Anything that sexually explicit, exploitative or links to other such content elsewhere. This includes nudity.
6. Anything that is overtly violent or exploitative, or links to other such content elsewhere.
7. Anything that obtains or solicits any personal information from someone under the age of 18 years of age.
8. Anything that provides personal contact information in the form of telephone numbers, street addresses, last names, social security numbers, Website URLs, etc.
9. Anything that provides or promotes false, misleading, illegal or similar information.
10. Anything that is abusive, threatening, libellous, slanderous, defamatory, or obscene.
11. Anything that violates or promotes violating intellectual property rights of others, including copyrights, trademarks and patents.
12. Anything that provides or promotes piracy, including software or links to software or websites that promote piracy.
13. Anything that spams others, including the sending of junk mail, junk email, chain emails, etc. This also includes the sending of viruses, trojans, worms or other similar hidden programs. It’s impossible to estimate the actual harm such activity causes, so as a way of reasonable estimation of the harm, you agree to pay us £50.00 GBP per unsolicited email or communication sent by you or caused to be sent by you. We may have and are entitled to other damages.
14. Anything criminal or legally actionable in nature. We should not even have to say it, but you may not use the website for any criminal activity whatsoever, including but not limited to fraud, child pornography, selling or distributing obscene materials, gambling, selling or distributing drugs, theft, fraud or any other illegal or actionable activity.
15. Anything that advertises, solicits or sells services to anyone unless you get our express written permission (usually in the form of an advertising agreement).
16. Anything that defeats the intended purpose of any advertisements we show (such as an advertising banner) along with your posted content. This includes trying to cover up, obscure, ridicule or hide such content.
17. Anything that automates your use of the website or services. This can include scripts, bots or other programs.
18. Anything that impersonates or passes you off as anyone other than yourself.
19. Anything from persons other than yourself without their express consent. This includes photos, biographies, etc. of other persons.
20. Anything owned by others, such as their intellectual properties.
The following is a partial list of all disallowed activities:
1. Anything that disrupts, interferes, or unduly burdens our computers, services, website or network.
2. Anything that disrupts, interferes, or unduly burdens computers, networks, websites or others that are connected to our computers, services, website or network.
3. Any attempt to transfer your profile, by sale or otherwise.
4. Any use of any information you download, learn or obtain from our services or website to harass, abuse, or harm another person.
5. Any use of any information you download, learn or obtain from our services for any illegal activity.
6. Anything that promotes (or provides instruction on) illegal or harmful activities.
7. Any use of your profile for advertising purposes for third parties. This includes but is not limited to:
* displaying advertisements for third persons on your profile.
* accepting payment (whether cash, credit or anything else of value) from anyone in exchange for you then performing any commercially-based activity for them.
* placing commercial content on your profile, posting advertising or commercially-oriented blogs or bulletins, or any other commercially-oriented activity (which can include things like contests and pyramid schemes) without our express written consent.
8. Anything that uses our services or website in any way that is inconsistent with any and all applicable laws and regulations.
9. Anything creating or spreading computer viruses.
10. Anything that solicits private information, passwords, etc. from other persons or parties.
11. Anything that includes a photograph of another person that you have posted without that person's consent.
12. Sale or resale of all or part of your membership, including characters, player positions, items, bonuses, in game monies, etc.
Remember: we reserve the right to investigate and take legal action against anyone who we, in our sole judgment and discretion, believe violated any of these provisions, or acted in a way that violated the spirit of these provisions.
X. Content Ownership:
Anything you post using our internet services is supposed to be your original data, files, images, work you authored, etc. We do not claim any ownership rights in such information and materials that you post or upload via our internet services. As such, you will continue to enjoy, keep and retain all ownership rights in such materials. For example, you may use such materials in other places and ways separate from our website and services in any way you deem appropriate.
However, by posting or uploading such materials via our services, you need to understand that you are granting us a limited license to the use of such materials. Under this license we can display, distribute, modify, reproduce or use, etc., your materials. This license is necessary to allow others to view your content. This can include, for example, your images, game character abilities, posts and other matters. As another example, we may need to alter the content in order to make it work on our equipment or system.
That said; the license you are hereby granting to us is non-exclusive, royalty-free and to whatever extent necessary considered to be sub-licensable (by us). To be clear, this means:
1. You are 100% free to re-license this material to any other party (subject to this license as long as your material is on our website or services).
2. We never have to pay you anything and never will owe you anything for your information that appears anywhere in our internet services.
3. Our subcontractors, affiliates, and other members can access your information.
4. We can allow others to see and use your material, but only to the extent necessary to use our internet services. (For example, if you post a story for others to read, we get to use our computer system to let them read it, and they get the ability to see and read it.)
This license terminates when your materials are removed from our internet services. However, that does not mean third parties may have seen and copied such materials and we are not responsible for such occurrences.
While we do our best to avoid it, it is always possible that a third party will intentionally or accidentally “hack” into our internet services and access your information. We are not responsible in such a situation.
Finally, in the case of legal or government proceedings or similar, any information that has passed through or was stored on our internet services may become available to others.
From time to time, we do have materials, information, ideas, names and other intellectual property appear through our internet services. These do not belong to you and may not be copied or reproduced in any way without our express written permission.
XI. Your Warranties to Us:
By becoming a Member, you are representing and warranting (in other words, making legal promises) that:
1. You own the various materials posted or uploaded by you, or, you have the right and authority to post and upload the materials.
2. You have the authority, capability, and right to grant the license described in X, above.
3. You are not violating anyone else’s rights. These rights include but are not limited to contract rights, privacy rights, publicity rights, or any other rights.
4. You have paid, or agree to pay, in full, all fees, royalties, or any other monies owed to anyone for any of the materials you uploaded or posted to our website or services.
5. You will not use internet services in any way that violates either the terms of this agreement, or the spirit of this agreement.
XII. Website and Services Content:
Our website and services contains essentially three types of content and materials: content that we have placed on the website or provided through the services (“Proprietary Content”), content that you or other members have placed on the website or provided through the services (“Member Content”), and content we have allowed others to place on our website through commercial advertising programs including charitable exchanges and other permitted third party content (“Approved Third Party Content”).
We are solely responsible for Proprietary Content and are the sole owners of it. This typically includes our logos, the borders, backgrounds, menus, etc. All Proprietary Content is protected by various laws, including copyright, moral rights of owners, patent, trademark, trade secret, etc. Typically, you are not granted any license, right, duty or ability to copy, borrow, download, or otherwise use such material except on and through our internet services.
Member content is typically owned by the member who posted or uploaded it. Unless it is your content (in which case see X, above), all Member Content is protected by various laws, including copyright, moral rights of owners, patent, trademark, trade secret, etc. Typically, you are not granted any license, right, duty or ability to copy, borrow, download, or otherwise used the material except on and through our internet services. To that limited extent, we grant you a limited, revocable and non sub-leasable license (through the rights we have in X, above) to use the content solely for your own personal use as it arises out of viewing and using our internet services. We are not responsible for any member content you may access or use from our internet services.
Approved Third Party content is typically owned by the third party who posted or uploaded it, or contracted with us to post it or upload it. Despite the name, “approved” does not mean we approve of the subject of the content, only that we approved that the content could be on our website or distributed through our services. Some third-party content is also owned by parties completely outside our system (for example, if we link to a news story or movie review not located on our website or services). All Approved Third Party Content is protected by various laws, including copyright, moral rights of owners, patent, trademark, trade secret, etc. Typically, you are not granted any license, right, duty or ability to copy, borrow, download, or otherwise use the material except on and through our website. To that limited extent, we grant you a limited, revocable and non sub-leasable license (through the rights we have in X, above) to use the content solely for your own personal use as it arises out of viewing and using our website and services. We are not responsible for any Approved Third Party Content.
We do not endorse and we have no control over any Member Content or Approved Third Party Content. Such content and materials are not necessarily reviewed by us prior to posting (and in the case of Member Content, its highly probable it was not reviewed prior to posting), and therefore it does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to any such content or materials or whether such content and materials are even accurate or reliable. Also, we do not have any control over nor are responsible for any products sold by third parties.
XIII. Offsite Linking:
We may, from time to time, post link to third party websites and internet services. This may be for advertising purposes, news purposes, or just because we liked the third party’s information we are linking to! In any event, we are not responsible for any internet services other than our own.
XIV. Deletion Policy:
We can delete any content or material on our internet service at any time for any reason. The typical reason is that, in our sole judgment, the material violated this agreement in some way. We are not in the business of monitoring the information Members post or upload. We take no responsibility for monitoring such materials. Instead, each Member is solely responsible for the Member Content posted or uploaded to our internet services.
XV. Intellectual Property Rights Policy:
As was mentioned multiple times above, you are not allowed to distribute, modify, post, or use in any manner or way anyone else’s intellectual property. This includes but is not limited to copyrighted material, proprietary information, trademarks, trade secrets or anything else without the owners express consent. Our policy is to terminate the Membership of anyone who repeatedly infringes on others intellectual property rights.
XVI. Copyrights and Copyright Agent:
We believe in respecting the intellectual property of others and expect the same of our members. If you believe that anyone has infringed any of your rights, please provide our Copyright Agent the following information:
* An electronic or other signature of a person authorized to act on behalf of the rightful owner of the copyright interest.
* A description of the work that you claim has been infringed.
* A description of where on the site the infringing material is located.
* Your address, telephone number, and e-mail address.
* 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.
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Jeffery A. Dobberpuhl, 2500 New Brighton Boulevard, Suite 201, Highway 88, St. Anthony, MN 55418
By phone: 1-612-788-9699
By e-mail: email@example.com NOTE: Please put “Microcosm Games LTD Copyright” in the subject matter.
XVII. Member Disputes:
We typically do not get involved in member disputes. You are solely responsible for any of your interaction with any other members. We do reserve the right to monitor and intervene in such disputes, but do not have any affirmative duty to do so.
XIX. Miscellaneous Disclaimers:
1. Incorrect and inaccurate information: We are not responsible for incorrect or inaccurate information that gets posted or uploaded to our internet service. This could happen in a lot of ways, including by members, or problems with the equipment, programming or servers or equipment.
2. Member and Third Party created links: Member and Third Party information created and posted may contain links away from our internet services. Going to such sites is at your own risk. We are not responsible for any content on such sites, nor is there any implied approval or endorsement of such sites (or their content).
3. Conduct of users: We are not responsible for the conduct of any users of our internet services.
4. No responsibility for problems: We are not responsible for any technical or service problems including but not limited to: acts of God, communications failure, computer failure defects, delays in operation, delays in transmission, deletion of materials, destruction, errors, interruptions, omissions, theft, unauthorized access to, or alteration of, any communication, or weather issues.
5. No responsibility for losses: AT NO TIME shall we be liable or responsible for any loss or damage, including personal injury or death, resulting from use of our internet services, or from materials accessed through our internet services, or from the conduct of any users of our internet services.
6. As Is: Our internet services are provided "AS-IS".
7. No Warranties: We make no warranties, express or implied, as to fitness for a particular purpose.
8. LIMITATION ON LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES (BE THEY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNATIVE, OR SPECIAL DAMAGES) BE THEY FOR LOST PROFITS, INJURY, OR ANY OTHER REASON. IF FOR SOME REASON WE ARE STILL FOUND LIABLE TO YOU FOR DAMAGES, OUR LIABILITY SHALL BE LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID, IF ANY, TO US FOR YOUR MEMBERSHIP.
9. Exporting of Software: Software that is available through our internet services may be subject to further laws, regulations and rules of the various national export and import laws. No software may be downloaded from our internet through our services that violates any national export or import laws. Doing so is at your sole risk.
10. Venue: The venue for any and all disputes is Cardiff, Wales, UK, or Hennepin County, Minnesota, or (the jurisdiction of The Saul Zaentz Company d/b/a Middle-earth Enterprises f/k/a Tolkien Enterprises), at our sole discretion. This applies regardless of any conflict of law provisions. You agree to the jurisdiction and laws of all of the above jurisdictions, and that we can personally serve you in any jurisdiction and you will be bound by such service.
11. Arbitration: Any disputes raised by you shall be resolved via arbitration using an arbitrator located in the venue of our choice. Specifically, you agree to give up any right to a court trial or jury trial in any dispute initiated by you.
12. Indemnity: You agree to indemnify and hold Microcosm Games Ltd, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any and all loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our internet services and/or arising from a breach of this Agreement and/or any breach of your representations and warranties stated above and/or if any material that you post or uploaded causes us to be liable to another.
13. Modification of this agreement: We can and will modify this agreement from time to time.
14. Other: This agreement operates to the maximum extent allowable by law. If any provision of this agreement is found to be unconscionable, unenforceable, void or voidable, the remainder of the agreement shall be deemed to still be valid and enforceable.
XX Entering this Agreement:
This Agreement is accepted by you upon your use of our internet services, and is further acknowledged when you become a Member. This is our entire agreement between us regarding your use of our website and services. If we fail to exercise or enforce any of our rights, or any of the terms of this agreement, that is not a waiver of our right to do so at a later time.
XXI. Facebook Platform (r):
XXII. House Rules:
Each of our games and internet services may have its own unique set of rules and policies.
XXIII. Contacting Us: