1. ACCEPTANCE OF TERMS
Welcome to The Arena Online Game ("The Arena"). The Arena provides its
service to you, subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you. You can review
the most current version of the TOS at any time at:
http://arena.rhydin.net/tos.php. In addition, when using particular
The Arena services, you and The Arena shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the TOS.
2. DESCRIPTION OF SERVICE
The Arena currently provides users with access to a rich collection of
resources, including, various communications tools, forums and personalized
content. You also understand and agree that the service may
include certain communications from The Arena, such as service
announcements, administrative messages or a The Arena Newsletter, and
that these communications are considered part of The Arena membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new The Arena properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and that
The Arena assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or The Arena has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, The Arena
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). The Arena is
concerned about the safety and privacy of all its users, particularly
children. In order for a child under the age of 13 to access The Arena, a
parent must give his/her child permission to access all of the Services
including email, message boards, instant messages and chat (among others).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is his/her responsibility to
determine whether any of the Services and/or Content (as defined in
Section 6 below) are appropriate for his/her child. For more information
see our Policy for Protecting Children.
4. The Arena PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://arena.rhydin.net/privacy.php.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify The Arena of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. The Arena cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics,
messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not The Arena, are
entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. The Arena does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will The Arena be liable in any way
for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
harm minors in any way; impersonate any person or entity, including, but not
limited to, a The Arena official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time
exchanges;
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that The Arena may not pre-screen Content, but that The
Arena and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via
the Service. Without limiting the foregoing, The Arena and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by The Arena or
submitted to The Arena, including without limitation information in The
Arena Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that The Arena may access, preserve, and
disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of The Arena, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by The Arena and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The Arena does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service,
you grant The Arena the following world-wide, royalty free and non-exclusive
license(s), as applicable:
· With respect to Content you submit or make available for inclusion on
publicly accessible areas of The Arena Message Boards, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and
promoting the specific The Arena Message Board to which such Content was submitted
or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the
time you remove or The Arena removes such Content from the Service.
· With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other
than The Arena Message Boards, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you
remove or The Arena removes such Content from the Service.
· With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than The Arena Message Boards, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or
in part) and to incorporate such Content into other works in any format or
medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of The Arena
network of properties that are intended by The Arena to be available to the
general public. By way of example, publicly accessible areas of the Service
would include The Arena Message Boards and portions of the Service that
are open to both members and visitors. However, publicly accessible areas of
the Service would not include portions of The Arena Message Boards that are limited
to members, The Arena services intended for private communication such as
The Arena Private Messenging, or areas off of The Arena network of properties such as
portions of World Wide Web sites that are accessible through via hypertext
or other links but are not hosted or served by The Arena, Purple Frog Productions, or
its subsidiaries.
9. INDEMNITY
You agree to indemnify and hold The Arena, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your The
Arena I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that The Arena may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of messages that
may be sent from or received by an account on the Service, the maximum size
of any message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on The Arena's servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You agree
that The Arena has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that The Arena
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that The Arena reserves the right to
modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
The Arena reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that The Arena shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that The Arena may, under certain circumstances and without prior
notice, immediately terminate your The Arena account, any associated email
address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or
any part thereof), (e) unexpected technical or security issues or problems,
and (f) extended periods of inactivity. Termination of your The Arena
account includes (a) removal of access to all offerings within the Service,
including but not limited to The Arena Private Messenging, Chat, Message
Boards (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and
(c) barring further use of the Service. Further, you agree that all
terminations for cause shall be made in The Arena's sole discretion and that
The Arena shall not be liable to you or any third-party for any termination
of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that The Arena shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because The Arena has no control over such
sites and resources, you acknowledge and agree that The Arena is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that The Arena shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
16. THE ARENA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by The Arena or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
The Arena grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
The Arena for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. THE ARENA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ARENA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
ARENA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ARENA SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ARENA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
21. NOTICE
The Arena may provide you with notices, including those regarding changes to
the TOS, by either email or postings on the Service.
22. TRADEMARK INFORMATION
The Arena, The Arena: Online Game, Role-Playing and Combat Simulator,
Purple Frog Productions, Rhydin.net, Rhydin Community, Purple Frog Community,
the Arena logo, and the Purple Frog logo are trademarks of Purple Frog
Productions. All rights regarding their use are reserved.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
The Arena respects the intellectual property of others, and we ask our users
to do the same. The Arena may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide The Arena's Copyright Agent the
following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email 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 or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
The Arena's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By e-mail: copyright@purplefrogprod.net
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
The Arena and govern your use of the Service, superceding any prior
agreements between you and The Arena. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other
The Arena services, affiliate services, third-party content or third-party
software.
Waiver and Severability of Terms. The failure of The Arena to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in
full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your The
Arena account is non-transferable and any rights to your The Arena I.D. or
contents within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to tos@rhydin.net.