Last Update: August 2013
This Website is provided by Virtys, Inc., ("Virtys Studio" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
The term “Website” used herein also refers to any and all games hosted on the Virtys servers; e.g., The Therian Saga.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
Virtys grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Virtys and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Virtys and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Additional License Limitations
You agree that you will not under any circumstances:
1.1 Create or use cheating codes, software, bots, hacks, mods, or any other unauthorized third-party software designed to modify the Service, the Game, or the experience of the game.
1.2 Exploit the Game or any part thereof for commercial purposes.
1.3 Purchase or sell for real money, or in exchange for in-game currency, objects or resources that may be used in a Game outside the Game without the prior authorization of Fatecraft.
1.4 Allow any third party (save and except for minor children) to use your account on the Service or in a Game.
1.5 Use any unauthorized third-party software that intercepts, searches, or otherwise collects information relative to the Game or the Service, including, without limitation, any and all software that read areas of RAM used by the Game in order to store information relative to any character or environment of a Game; provided, however, that Fatecraft may, in its sole and absolute discretion, allow for the use of certain third-party interfaces.
1.6 Modify, or cause to be modified, any file part of a Game or the Service in any way, except as expressly authorized by Fatecraft.
1.7 Provide, create, or maintain any unauthorized connection to a Game or the Service, including, without limitation, (a) any unauthorized connection to a server that emulates, or attempts to emulate, the Service or a Game; and (b) any connection using third-party programs or tools without the prior approval of Fatecraft.
1.8 Disrupt or assist in the disruption of (i) any computer used to take control of the Service or any game environment (hereinafter individually referred to as a “Server”); or (ii) the experience of the Game of any player. ANY ATTEMPT ON YOUR PART TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
All Content is copyrighted, and it is either owned or used with permission by Virtys. Virtys disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Virtys.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Virtys respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by Virtys and third parties, and this Website's trade dress is owned by Virtys (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Virtys are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to Virtys; Virtys Rights to Your Submissions
Virtys likes to hear from you. However, in your communications with Virtys, please keep in mind that, unless it specifically requests them, Virtys does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Virtys any unsolicited materials, such as ideas for games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Virtys via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Virtys will not assume any responsibility, obligation, or liability for them or for Virtys's receipt or non-receipt of them. Virtys's receipt of Your Submissions is not an admission by Virtys of their novelty, priority, or originality, and it does not impair Virtys's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Virtys a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Virtys in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, 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.
5. Access to the Service
You may create an account only if you are a “natural person” aged 18 or more. Business corporations, limited liability companies, partnerships, and any other corporate body or commercial entity may not create an account. Any individual prohibited by Fatecraft to use the Service may neither create nor use an account. By accepting the present Agreement, you hereby declare and warrant that you meet the eligibility requirements listed herein. In the event that Fatecraft becomes aware that you have created an account that does not meet the foregoing provisions, Fatecraft reserves the right to suspend, terminate, and/or delete the account at any time.
6. Online Shopping
This Website and other Virtys websites may offer online capabilities to purchase products (such as Therian Saga related products) and services (such as memberships). You must be 18 years of age or older to make any such purchases. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Virtys.
As an active account holder, you may participate in the Fatecraft balance service. You may only use the balance service in exchange for certain products and services offered by the Service. You may acquire, use, and exchange funds with the balance service as set out by Fatecraft under this Agreement. Irrespective of how they are acquired, Fatecraft balance funds may not be transferred to another individual or account, have no cash value, do not accrue interest, and, except as provided under the law or authorized under this Agreement, may under no circumstances be refundable by or redeemable for any sum of money or monetary value from Fatecraft. The Fatecraft balance service is not a deposit account.
It may take up to five (5) days before funds transferred to your Fatecraft balance are made available for purchase. Certain minimum amounts may apply upon purchase of additional funds, and the maximum amount of your balance may under no circumstances exceed the equivalent of EUR 100. The maximum value of all transactions using the Fatecraft balance is limited to EUR 1,000 per day. Fatecraft reserves the right to modify minimum and maximum amounts at any time upon notification.
You are responsible for any and all transactions using your Fatecraft balance, including unauthorized transactions.
You are responsible for all uses of your Fatecraft balance. In the event that you suspect that the safety of your account has been compromised, advise the Fatecraft customer service. Your Fatecraft balance is protected only once Fatecraft acknowledges receipt of such notification on your part. You are responsible for verifying that the proper amount has been added to or deducted from your account. You may check your Fatecraft balance under the Account Management tab. Note that Fatecraft reserves the right to request any additional information and/or documents to check the validity of your claim. Once Fatecraft has obtained such information, it will take the actions required to freeze your Fatecraft balance and will unfreeze your account only when control of the balance has been returned to you.
Fatecraft reserves the right to reduce, liquidate, deactivate, suspend, or terminate your balance or access to your account if it is determined, after investigation, pursuant to Article 9 hereunder, that you have misused your Fatecraft balance or otherwise used your account to conduct fraudulent or illegal activities.
In the event that you voluntarily compromise the safety of your account in anyway, Fatecraft reserves the right to delete the balance of any account subject to misappropriation, suspend access to any and all services provided by Fatecraft, and/or terminate the account, pursuant to Article 9 hereunder.
Virtual Items. Fatecraft owns, has licensed, or otherwise has any and all rights relative to all of the content that appear on the Service or in the Games. You hereby agree that you have no right or title relative to said content, including, without limitation, virtual items or currencies appearing in or derived from any Game, or any other attributes associated with the account or stored on the Service. Fatecraft does not authorize any alleged transfer of virtual items outside the Game, or any alleged sale, donation, or exchange in the “real world” of elements appearing in or derived from the Game, except as expressly authorized in written form by Fatecraft.
7. Naming Policy
The creation of a character and the selection of a name are important aspects of the Game. In order to avoid any conflict, any and all users must comply with the following rules for the selection of a character name. In the event that a character name is in conflict with these rules, the team reserves the right to modify said name without notifying the user.
Any user that notices a character name that is in conflict with the Naming Policy may advise Fatecraft at firstname.lastname@example.org.
Character names falling into any of the following categories may be modified at any time without notice:
· incitement to racial, religious, or ethnic hatred
· reference or incitement to violence
· reference or incitement to sexual activity
· reference to any player’s sexual orientation
· any name referring to a character or actual facts that may offend the community
· reference to drugs or alcohol
· lewd or vulgar remarks
Character names falling into any of the following categories will be modified following notification via email. In the event that the user concerned has not addressed such concerns after a period of 24 hours, the character name will be modified by the team:
· reference to the human anatomy and to bodily functions
· reference to religious elements
· use of registered trade names or registered trademarks.
It is recommended to avoid names that:
· use all capital letters
· feature numbers and letters
· refer to actual locations or known individuals
· constitute a partial or complete sentence (ilovefatecraft…).
8. Community Areas: Code of Conduct
Virtys may elect to offer on this Website community features such as email, bulletin boards, forums, and chat rooms. In such cases, Virtys will not be responsible for monitoring, screening, censoring, editing, or regulating the information or content disseminated on your part or by third parties on this Website. However, Virtys reserves the right to do so in its sole discretion. Virtys does not assume any responsibility for the accuracy or reliability of the information or content disseminated by any and all users or third parties.
The following comments may be subject to modification without prior notice and the intervention of a site administrator may lead to the suspension or deletion of the account on the basis of the gravity of the comments reported:
· incitement to racial, religious, or ethnic hatred
· reference or incitement to violence
· reference or incitement to sexual activity, reference to the human anatomy and to bodily functions
· reference to religious elements
· reference to any player’s sexual orientation, reference to a character or actual facts that may offend the community
· reference to drugs or alcohol
· lewd or vulgar remarks
· advertising other than the commercial services offered as part of the Game as well as any other offending content.
In order to ensure the legibility of the content used in the community areas, any and all users must adhere to the following rules:
· SMS language is to be avoided at all times and language understandable by everyone is to be used.
· Chat windows may not be flooded with multiple messages displaying similar content.
As for the information or content that you may download from or upload to this Website, you hereby declare and warrant to Virtys that you are entitled and authorized to do so without the consent of any third party.
You agree that you will not download from or upload to this Website: (a) content that is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, or of an harassing nature or otherwise inappropriate; (b) viruses or other harmful content; or (c) any content designed for commercial purposes (such as offers for the sale of products or services or attempts to raise funds or place advertising for any product or service).
Virtys reserves the right, in its sole discretion, to set out additional rules for any community area and to reserve access to community features to specific individuals or groups on the basis of such criteria as age, geographic location, or others, to deny or restrict access, at any time, to any individual or group who fail to comply with these criteria or to any individual who fail to meet our criteria or who fail to comply with our rules and to change or modify said criteria or rules as it deems fit. Virtys reserves the right (but will not be liable to it), in its sole discretion, to delete any element of information displayed on this Website that may contravene the provisions of this User Agreement and to deny access to this Website to any user.
9. Termination of Service
Fatecraft reserves the right to terminate this Service, without prior notice, for contravening the requirement to comply with the conditions set out under the present Agreement. In the event of minor violations, Fatecraft will issue a first warning stating the violation prior to terminating the Service. In the event that a behavior is utterly unacceptable, Fatecraft will not be required to issue said prior notice. A behavior is considered utterly unacceptable in the case of a serious violation of any of the provisions set out under this Agreement.
You may cancel this Service at any time by ceasing all use of the latter, save and except for products purchased via this Service. You may at any time terminate any Account created by following the instructions set out on the Website.
10. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
11. Investigations; Cooperation with Law Enforcement; Termination
Virtys reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
12. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Virtys and must agree to adhere to industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.
13. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIRTYS DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN VIRTYS WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, VIRTYS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
14. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Virtys or cause confusion among consumers, (d) the links and related content on your site do not portray Virtys or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
15. Links on this Website to and from Other Sites
16. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Virtys’s policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Virtys disclaims all liability in connection with therewith.
17. Procedure for Alleging Copyright Infringement
Virtys will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
Virtys will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: Virtys, Inc.
2715 rue de Macao
Québec, QC, Canada
Attention: Vice President, Legal and Business Affairs
By Email: email@example.com
Virtys may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Virtys may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
18. General Provisions
You agree to indemnify, defend, and hold harmless Virtys (which includes Virtys's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
Virtys may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Virtys may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Virtys controls and operates this Website from its headquarters in the city of Québec, province of Québec, in Canada, and Virtys makes no representation that this Website is appropriate or available for use beyond the Canada. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although Virtys products and services are available in many parts of the world, this Website may describe products and services that are available only in the Canada (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any dispute which arises in the course of or following the performance of the present contract will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Québec, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Virtys relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in provincial court in Québec, Canada. Accordingly, you consent to the personal jurisdiction of the courts in Québec, Canada with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the province of Québec, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Virtys to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Virtys's operations, and/or Virtys's products or services caused by your act or failure to act.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.