YOU MUST BE AT LEAST 18 YEARS OLD TO ACCEPT THIS AGREEMENT.
This Terms of Service Agreement (“Agreement”) is made between RedmoonClassic.Com (“Company”) and any person (collectively “you” or “your”) who completes the registration process to open and maintain an account with the Company for the RedMoon Service(“Service”), which is an Internet-based multi-player online game service. As part of the Service, the Company maintains a site on the World Wide Web with a URL address of www.redmoonclassic.com (“Web Site”).
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
This agreement compromises the entire agreement between the Company and you regarding the Service. The Company may revise this agreement at any time, and such revision shall be effective seven(7) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10 of the Agreement. Your continued use of the Service seven(7) days after posting of a revised Agreement on the Web Site will mean that you accept all such revision.
Account, User ID. : When you register for the Service, you will become a Member of the Service and an account will be created for you(your “Account”). The term “Member” in this Agreement refers to any person or entity, including you that has registered for the Service, has entered into this Agreement with the Company and is authorized by the Company to use the Service. Upon your registration as a Member of the Service, you must choose a name to identify yourself to other Members and Service staff when you use the Service(your “User ID”). You may not select as your User ID a name which violates any third party’s trademark right, copyright, or other proprietary right, or which the Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete any vulgar or otherwise offensive User ID, or to require you to change your User ID name. You are entirely liable for all activities conducted through your Account and the User ID registered to your Account. You may not create or use any Game I.D. that may be confused with the Game I.D.’s which may be created and/or used by the Company for the purpose of efficient operation, customer support, test or review of the Service. This include, but not limited to, Game I.D.’s STARTING WITH REDMOON, GM, GAME MASTER, GC, GAME COUNSELOR, JUNIOR GC, SENIOR GC, TEST, TESTER, REVIEW, or REVIEWER.
Password : Upon your registration for the Service, you will select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account and User ID. At no time should you respond to an online request for a password. The Company’s employees will never ask for your password online. You acknowledge that although the Service may offer a feature that allows you to “remember” your password and thereby bypass the password protection, this feature makes it possible for third parties to access your Account and User ID. Use of this password feature will be at your own risk. It is strongly discouraged.
3. Charges for Service
Current fees for using the Service are published on the Web Site. The Company may change its fees and billing methods at any time effective seven(7) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 10. Your continued use of the Service thirty(30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. If your use of the Service is subject to use or sales tax, then the Company may also charge you for any such taxes, which will be in addition to the rates and charges published in the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Payment by Credit Card : If you pay for the Service by a credit card, you represent to the Company that you are the authorized user of the credit card to pay Service charges. Each month you use the Service, you agree and reaffirm that the Company is authorized to charge your credit card. You agree to promptly notify the Company of any changes to your credit card.
4. Code of Conduct
You agree to abide by the Code of Conduct set forth hereunder. The code of Conduct may change at the Company’s sole discretion at any time. The Company reserves the right to terminate your account if it determines in its sole discretion that you have engaged in any impermissible conduct whether or not such conduct violates the Code of Conduct. You acknowledge, however, that the Company does not pre-screen contents or communications over the Service.
The Company reserves the right to empower its Staff with the ability to make conditional decisions based on “good faith” if it is believed that it is required to ensure a standard of fair game play even if a legal technicality is not fully met and or if a condition of the code of conduct is preventing said fair game play.
Code of Conduct
1# You may not create or use any Game I.D. that may be confused with the Game I.D.’s which may be created and/or used by the Company for the purpose of efficient operation, customer support, test or review of the Service. This include, but not limited to, Game I.D.’s STARTING WITH REDMOON, GM, GAME MASTER, GC, GAME COUNSELOR, JUNIOR GC, SENIOR GC, TEST, TESTER, REVIEW, or REVIEWER.
2# You may not harass, threaten or embarrass other players, including but not limited to targeting another player or group of players to harm or inconvenience them.
3# You may not use or post any offensive or sexually explicit language/images or provide links to material of this kind.
4# You may not use any defamatory, obscene, harmful, threatening, unlawful, abusive, harassing, hateful, racially or ethnically offensive language.
5# You may not loot other player’s kill (i.e. take money or items from a fallen creature without the expressed permission of those who killed the creature if they are in attendance).
6# You may not enter into “excessive player killing”. Although the definition of “excessive” is subjective, a determination of such will be made by a Redmoon Classic’s Game Master(s) in response to his/her own game play observations, and/or complaints from other players.
7# You may not enter into game play practices that cause disruption of game play for other players, or adversely affect game performance.
8# You may not sell, buy or trade characters or items for real world currency. Any advertising regarding trading of characters or items on message boards may be deleted without notification. Redmoon Classic is not responsible for any problems caused by illegal trading, selling or buying of characters or items.
9# You may not impersonate any employee of Redmoon Classic or Redmoon Classic customer support representatives.
10# You may not violate any local, state, national or international law or regulation.
11# You may not modify any part of the Service, Game Client Files or Web Site of Redmoon Classic that Redmoon Classic does not specifically authorize you to modify.
12# You may not arrange for the exchange of, market or advertise anything including any pirated or illegal software on the Service or through the Web Site of Redmoon Classic, or use the Service or Web Site of Redmoon Classic for any other illegal purpose.
13# You may not organize nor be a member of any groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
14# You will not upload or transmit on the Service or the Web Site of Redmoon Classic any copyrighted content that you do not own all rights to, unless you have the express written permission of the author or copyright holder.
15# You may not give false information or intentionally hide any information when registering with the Service.
16# You may not use the Service or the Web Site of Redmoon Classic for any activities other than activities permitted within the Service.
17# You may not post or communicate personal information of any player nor do anything that may hurt the privacy of other players in the Service or the Web Site of Redmoon Classic.
18# You may not share your account information with others as, you as the account owner, are wholly responsible for the actions of characters created under your account. If you choose to share accounts, we will be unable to offer any support to you.
19# You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running Redmoon.
20# You will not exploit any bug in Redmoon even if said bug is exploited via proxy of another player and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended game benefits), either directly or through public posting.
21# You will not create, use or provide any utilities, emulators or other software tools related to Redmoon that grant the user unnatural or unintended game benefits.
22# You will not intentionally deceive or lie to any member of the Redmoon Classic staff. This includes lying by omission.
23# You may not post or transmit any unsolicited advertising, junk mail, spam, or any other form of solicitation and/or be part of any group or organization who does.
24# You may not harass, threaten or display ANY form of disrespect towards a member of the Redmoon Classic Staff, including but not limited to Game Masters, Game Counselors. This is to include ANY form of communication including but not limited to inside and outside of game play.
25# You may not intentionally spread false information about other players, including the Redmoon Classic Staff. This includes but is not limited to information that may tarnish an individual’s reputation. Spreading false rumors that you know to be not true or that you aren’t sure are true will result in an immediate suspension of all accounts pending a complete investigation.
26# You may not create or join an army or a unit who’s name is offensive or uses sexually explicit language.
27# You may not reveal, pass on or fabricate ANY personal information regarding the Redmoon Classic Staff, including but not limited to Names, Addresses or Phone Numbers, unless given permission strictly from the staff member them self. Doing so will result in an immediate BAN of all your characters, accounts, and known IP Addresses.
You understand that you have NO EXPECTATION OF PRIVACY regarding the communications made by you in the Service and that all communications made by, or received from, you may be monitored by the Company or its Customer Support people.
6. Parental Guidance
Parents may find that some content within the Service is inappropriate for teen players. While the Company may choose to monitor and take action upon inappropriate gameplay, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. While the company has established Code of Conduct for players accessing the Service, the Company cannot ensure that other players will not provide content or access to content that parents or guardians find inappropriate or that any user may find objectionable. The Company does not as a matter of policy prescreen the content of the materials or communications transmitted by each player.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE COMPANY OR YOUR OR ANY OTHER MEMBER’S OWN ERRORS AND/OR OMMISSIONS.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to indemnify, hold harmless and defend the Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
10. Terms and Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Either you or the Company may terminate your Account at any time without further obligation to the other. Further, the Company reserves the right to terminate all or any portion of the Service at any time without further obligation to you. IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELLED FOR ANY REASON, NO REFUND OF ANY FEES WILL BE GRANTED. NO PRORATION OF FEES IS AVAILABLE TO YOU UPON TERMINATION OF THE SERVICE OR YOUR ACCOUNT FOR ANY REASON. UPON TERMINATION OF THE SERVICE OR YOUR ACCOUNT, YOUR ACCESS PRIVILIGES TO THE SERVICE WILL BE TERMINATED AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION.
11. Member Lists
The Company, from time to time, may make its Member list available to select companies that offer products and/or information that the Company believes might be of interest to its Members. If you do not want your name released to these companies, please contact Customer Service.
12. Intellectural Proprery and Ownership
All data passed to and from and all data stored on The Company’s servers is the sole properity of The Company; you have no legal ownership or rights to it of any kind. This includes, but is not limited to: Characters, Items, Equipement, Gold, Experience Points, Message Board Posts, Fan Art, etc.
a. Law. This Agreement shall be governed by the laws of the State of California and the United States without reference to conflicts of laws.
b. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by the Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
c. Survival. The respective rights and obligations of the parties under Sections 4,5,7,8,9,11, and 12 shall survive any termination or expiration of this Agreement.