TRION WORLDS, INC.
TERMS OF USE REGARDING THE WEBSITE FOR TRION’S RIFT: PLANES OF TELARA™ ONLINE GAME
THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE (COLLECTIVELY, THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND TRION WORLDS, INC. (HEREINAFTER “TRION”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, TRION’S WEB SITE FOR ITS UPCOMING ONLINE GAME ENTITLED “RIFT: PLANES OF TELARA” (THE “GAME”), WHICH IS LOCATED AT HTTP://WWW.RIFTGAME.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED WITHIN OR THAT IS ACCESSIBLE AS PART OF THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. TRION MAY MAKE CHANGES TO THE CONTENT OF THE SITE AND/OR THESE TERMS AT ANY TIME, AT ITS SOLE DISCRETION, WITH OR WITHOUT PRIOR NOTICE. IN THE EVENT THAT TRION ELECTS TO MAKE ANY CHANGES TO THESE TERMS, TRION WILL POST THE UPDATED TERMS ON THE SITE AND WILL SEND REGISTERED USERS AN EMAIL NOTICE OF ANY MATERIAL CHANGES. IF YOU CONCLUDE THAT ANY MODIFICATION TO THE SITE OR TO THE TERMS IS UNACCEPTABLE TO YOU, PLEASE CEASE USING THE SITE. IF YOU ELECT TO CONTINUE TO ACCESS AND/OR USE THE SITE, SUCH VOLUNTARY DECISION BY YOU WILL SIGNIFY AND CONFIRM THAT YOU HAVE ACCEPTED TRION’S CHANGES TO THE SITE AND/OR THE TERMS (AS APPLICABLE).
Through the Site, Trion provides information about the Game and game-related activities, as well as information regarding Trion, its affiliates and licensors, and the various entertainment and other products and services that are made available to interested end users as part of the Game and/or the Site. Certain content materials, information, documents, products and services provided on and/or through the Site, including, but not limited to, audiovisual materials and other content of or concerning the Game, trademarks, logos, graphics and images (collectively, the "Materials") are made available to you via the Site and are the copyrighted, patented and/or trademarked works of authorship of Trion and/or its respective licensors and other third-party contributors and sources (as applicable).
Trion grants you a revocable, limited, personal, non-exclusive, non-sublicensable and non-transferable license, in accordance with the terms and subject to the conditions set forth in these Terms, to access and use the Site, and to display and use the Materials that Trion makes available as part of the Site, on your personal computer and solely for your personal use and enjoyment. Except for the limited license grant expressly set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to copy, reproduce, modify, edit, adapt, translate, create any derivative works, reverse engineer, alter, enhance, improve or otherwise modify, or in any way exploit, any of the Materials in any manner. The limited license granted to you by Trion shall terminate automatically, without notice to you or any further action being required of either you or Trion, if you breach or are in default of any of these Terms. Upon the termination of the limited license granted to you pursuant to these Terms, for any reason, you acknowledge and agree that you will immediately destroy any downloaded or printed Materials that remain in your custody or control as of the effective date of termination. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Game or the Site, or any of the Materials (or any portion or derivative of any of the foregoing).
Your use of the Site is governed by Trion’s corporate online privacy policy, which is available at www.trionworlds.com/en/legal/privacy-policy.php (the "Privacy Policy").
Certain Materials and related information and data that are displayed within and/or that are accessible by means of the Site are owned or otherwise controlled by third-party licensors and contributors to Trion (collectively, "Third-Party Content"). The Third-Party Content is, in each case, the copyrighted, patented and/or trademarked works of their respective owners. You agree that you will access, display and use the Third-Party Content only on your personal computer and solely for your personal use and enjoyment. You acknowledge and agree that, except as expressly set forth in these Terms, you have no right or authority to access, download, reproduce, display, perform, edit, alter, adapt, enhance, or otherwise modify or use any of the Third-Party Content in any manner unless you obtain written permission from the relevant owner(s) of the applicable Third-Party Content.
TRION DOES NOT MAKE ANY REPRESENTATIONS OR GRANT ANY WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT THAT IS ACCESSIBLE BY MEANS OF THE SITE, AND TRION HEREBY DISCLAIMS ALL WARRANTIES RELATING IN ANY MANNER TO ANY THIRD-PARTY CONTENT (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.
The Site may include links to other web sites that are not owned or operated or otherwise controlled by Trion. Any and all such links are provided as part of the Site only as a convenience to you and other individuals who access the Site, and you acknowledge and agree that neither Trion nor any of its officers, directors, employees, agents or representatives shall have any obligation or liability of any kind or nature regarding any such third-party web sites that are linked to the Site, including, without limitation, any of the content materials and/or additional links that may be displayed within or that are otherwise accessible by means of such third-party web sites.
You agree that whenever you access and use the Site, you will not, directly or indirectly, adversely affect the Site or the experiences of any individual or individuals who also elect to use the Site, including, without limitation, any of the following types of conduct (which act(s) shall justify the termination of the limited license granted to you pursuant to these Terms):
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Trion reserves the right to terminate your authorization to access and use the Site and, more specifically, may elect to terminate your account, and your ability to post and/or to retrieve Materials that are made accessible by means of the Site, with or without cause and with or without notice, for any reason or no reason, or as a consequence of any action that Trion determines is inappropriate or disruptive to this Site or to any other person or entity that is entitled or otherwise permitted to access and use the Site and/or any of the various products and services that are made available by or for Trion as part of the Site.
Your online conduct should be guided by common sense and respect for others who access and use the Site (whether or not such third parties are registered users of the Site) and for the employees and representatives of Trion, as well as respect for the laws, statutes, rules and regulations that are applicable to your conduct in the real, offline world. Please be advised that Trion will not tolerate inappropriate behavior or illegal activities on and/or relating to the Site. Trion will report to law enforcement authorities any actions that appear to be illegal or otherwise in violation of any applicable law, and, similarly, may forward any reports that Trion or its affiliates or licensors receive of any illegal activities or other such actionable conduct. When legally required or at Trion's discretion, Trion will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Nothing in these Terms shall require or be deemed to oblige Trion to monitor, police, provide any warning or other notice, quarantine, conceal, delete or remove any communications, materials, information or data that is submitted by you or any third-party contributor.
Unauthorized use, disclosure or distribution of any Materials or Third-Party Content that is contained within or displayed as part of the Site or that is accessible by means of the Site may violate certain laws, statutes and regulations. You acknowledge and agree that you will indemnify, defend and hold Trion and its officers, directors, employees, agents, representatives, affiliates, licensors, and business partners (collectively, the “Trion Indemnitees”) harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) that is incurred or suffered by any of the Trion Indemnitees arising from or in connection with any claim or demand alleging that your use of the Site (or the use of the Site by any person or entity using your user name and/or password) violates any applicable law, statute or regulation or infringes upon any of the copyrights, patents, trademark rights, or any other intellectual property or proprietary rights of any third party, or that are incurred in connection with the settlement or avoidance of any of the foregoing types of claims.
Trion, Trion Worlds, and Trion’s corporate logo are trademarks or registered trademarks of Trion in the United States and other countries, and all rights, title and interests in and to any and all such marks are hereby expressly reserved by Trion. All other trademarks, service marks, trade names and logos that appear within the Game or are displayed on the Site are the property of their respective owners. The Game, the Site, and all Materials, information and data contained or displayed within the Game, and/or otherwise appearing within the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Trion and are © 2007-2010 TRION. All rights that have not been expressly granted to you pursuant to these Terms are hereby expressly reserved by Trion. Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of the Game, the Site and/or any of the Materials (or any portion or derivative of any such items), directly or indirectly, is strictly prohibited unless the written consent of the applicable copyright owner or relevant sublicensor (if any) is first obtained.
Your access and use of the Site and/or any of the various products and services relating to the Game and/or that are accessible as part of the Site is and will be entirely at your own risk and expense. Please be advised that neither the Materials nor the Third-Party Content have been verified or authenticated in whole or in part by or for Trion, and, accordingly, the audiovisual content and related information and data may include inaccuracies or typographical or other errors. Trion does not make any representations or grant any warranties regarding the Site, the Game, the Materials, any Third-Party Content, and/or any other subject matters of this Agreement, including, without limitation, any representation or warranty regarding the accuracy or timeliness of the Materials or the Third-Party Content contained within or otherwise displayed as part of the Site. Trion shall have no obligations or liability for any errors or omissions of or concerning the Site, the Game, the Materials and/or any Third-Party Content, whether provided by Trion or our licensors or any third-party contributors or other sources of any such items.
TRION, FOR ITSELF AND ITS AFFILIATES AND LICENSORS, DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE SITE, THE GAME, THE MATERIALS, ANY THIRD-PARTY CONTENT, AND/OR ANY OTHER SUBJECT MATTERS OF THIS AGREEMENT, AND TRION HEREBY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) RELATING TO THE SITE, THE GAME, AND/OR THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY AUDIOVISUAL CONTENT OR RELATED INFORMATION OR DATA CONTAINED WITHIN OR OTHERWISE PRESENTED ON THE SITE OR THE GAME AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. PLEASE BE ADVISED THAT TRION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE USE OF THE SITE OR THE GAME AND/OR ANY OF THE VARIOUS PRODUCTS OR SERVICES THAT ARE ACCESSIBLE BY MEANS OF THE SITE WILL RAISE YOUR GRADES OR TEST SCORES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE GAME, THE MATERIALS, THE THIRD-PARTY CONTENT, AND ANY RELATED INFORMATION AND/OR DATA CONTAINED WITHIN OR OTHERWISE DISPLAYED AS PART OF THE SITE OR THE GAME IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WHERE-IS" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE. ADDITIONALLY, TRION DOES NOT MAKE ANY REPRESENTATIONS OR GRANT ANY WARRANTIES OR GUARANTEES REGARDING ANY VIRUSES, SPYWARE AND/OR ANY OTHER FORMS OF SO-CALLED “MALWARE” THAT MAY BE INSTALLED ON OR OTHERWISE ADVERSELY AFFECT THE COMPUTER THAT YOU USE TO ACCESS AND USE THE SITE OR THE GAME AND/OR ANY OF THE VARIOUS PRODUCTS AND SERVICES THAT ARE MADE AVAILABLE BY OR FOR TRION AS PART OF THE SITE.
NEITHER TRION NOR ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND OR NATURE THAT MAY RESULT FROM YOUR DECISION TO ACCESS AND USE THE SITE OR THE GAME AND/OR ANY OF THE PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE BY OR FOR TRION AS PART OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY EVENT OR INSTANCE OF REPRODUCING, DISPLAYING, PERFORMING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS OR ANY THIRD-PARTY CONTENT THAT IS ACCESSIBLE TO YOU BY MEANS OF THE SITE. IN NO EVENT SHALL TRION BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THESE TERMS OR IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE OR THE GAME AND/OR ANY OF THE VARIOUS PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE AS PART OF THE SITE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), EVEN IF TRION HAS BEEN NOTIFIED OR OTHERWISE ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Trion operates, manages and administers the Site from its headquarters in the United States of America. The Site, the Game, the Materials and/or Third-Party Content may not be lawfully appropriate or available for use in other locations. If you access and use the Site or the Game and/or any of the various products and services that are available as part of the Site from outside of the United States of America, you are solely responsible for your compliance with any and all applicable local laws, statutes, rules and regulations.
If you violate these Terms, Trion may terminate and/or suspend your access to and/or authorization to use the Site without notice or other obligation to you or any third party. Trion has the right to terminate any password-restricted account for any reason. These Terms will be governed by and construed under the laws of the State of California law, excluding that body of law relating to choice of laws, and of the United States of America. Any action or proceeding brought to enforce these Terms or adjudicate any disputes relating to these Terms and/or the Site, including, without limitation, the Game, the Materials and/or any Third-Party Content that is accessible as part of the Site, will be heard in the courts located in California, and you and Trion each hereby submit to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding. If any provision of these Terms (or part thereof) is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable under applicable law, then such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intentions of the parties, or, if incapable of such enforcement, shall be deemed deleted from these Terms, while the remaining provisions shall continue in full force and effect. Trion's failure to enforce any of these Terms, or failure or delay in exercising any right, power or remedy under these Terms, is not and shall not be deemed to constitute a waiver of such term. No waiver of any provision of these Terms shall be effective unless Trion expressly acknowledges and agrees to waive such provision (or part thereof) in writing. These Terms are the entire agreement between you and Trion relating to the subject matters hereof and supersede all prior and contemporaneous negotiations, discussions, correspondence, understandings and agreements between you and Trion, both oral and written, regarding your access and use of the Site, the Game, the Materials, and all other such matters. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms and/or any termination of your access to and/or authorization to use the Site, the Game, the Materials, and/or any of the various products or services that are made available by or for Trion as part of the Site.
Terms of Use © 2010 Trion Worlds, Inc.
All Rights Reserved.
