Terms of Service – The Online Gamer

April 1, 2001 License Agreement | Rules of Conduct

Fallen Age License Agreement

This Agreement describes the terms on which Netamin Communication Corporation offers you access to an account to play “Fallen Age,” the massive multiplayer online role playing game (“Game”). By pressing the “I Accept” button, you accept the terms and conditions below. By pressing the “I Decline” button, you decline our offer.

Fallen Age License. Fallen Age is an Internet-based massive multiplayer online role-playing game service provided by Netamin Communication Corporation (“Netamin”) that allows you to play “Fallen Age” online game. As part of the Fallen Age service, Netamin maintains a site on the World Wide Web with a URL address of www.fallenage.com (“Web Site”). To play the game, you must have an effective Account opened with Netamin, and an Internet access. Fallen Age is published under license from SK Corporation, Copyright 1999-2000 SK Corporation. All Rights Reserved. Netamin grants to you a limited, non-exclusive license to use the CD, the Software and the Service subject to all of the terms and conditions of this Agreement, and the additional terms set forth in the documentation of the CD-ROM.
Agreements. Netamin may amend this Agreement at any time in its sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever Netamin makes the notification available for your review.
Account Information.
1. Account. 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, and has entered into this Agreement with Netamin for the Service. You represent that you are at least eighteen (18) years old. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the “Yes” button for this Agreement, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporation and other entities are not eligible to secure or procure Accounts.
2. User ID. 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 the name of another person, or a name which violates any third party’s trademark right, copyright, or other proprietary right, or which Netamin deems in its discretion to be vulgar or otherwise offensive. Netamin 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.
3. 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 your password to gain access to your Account and User ID. At no time should you respond to an online request for a password. Netamin employees will never ask for your password online.
4. Terminated Members. Members in violation of this Agreement may be terminated by Netamin for further use of the Service (the “Terminated Members”). Active Members may not allow Terminated Members to use the active Members’ Accounts or User IDs.
Charges for Service.
1. Fees. Current fees for using the Service are posted in the Account Management section of the Web Site. All fees are prepaid and non-refundable in whole or in part. If your use of the Service is subject to sales tax then Netamin may also charge you for any such taxes, which will be in addition to the rates and charges posted in the Account Management section. All changes will be posted on the Web Site and you are responsible for reviewing the Account Management section to obtain timely notice of such changes. If such change is unacceptable to you, you may terminate your use of the Service.
2. Payments. If you pay for the Service by credit card, you represent to Netamin that you are the authorized user of the credit card used to pay for the Service. Upon your acceptance of this Agreement, Netamin will automatically charge your credit card the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, on the applicable renewal date of your subscription of the Service, you agree and reaffirm that Netamin is authorized to charge your credit card. You agree to promptly notify Netamin of any changes of your credit card account number, its expiration date and/or your billing address, and you agree to notify Netamin if your credit card expires or is canceled for any reason. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated.
Rights. Subject to the terms of this Agreement, Netamin grants to you a non-exclusive license to use the Software solely in connection with playing the Game via an authorized and fully-paid Account. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer the Software. You may not copy any of the written materials accompanying the CD-ROM. You may not reverse engineer, disassemble or de-compile the Software except to the extent that this restriction is expressly prohibited by applicable laws.
Account Termination. Either you or Netamin may terminate your Account at any time without further obligation to the other. Netamin may terminate this Agreement (including your software license and your Account) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if Netamin is unable to verify or authenticate any information you provide to Netamin, or upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as may be set forth in player rules of conduct, which is posted on the Web Site. If Netamin terminates this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. Netamin may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, in which case Netamin may provide you with a prorated refund of any prepaid amounts.
Conduct and Communication. You, and anyone you authorize to use your Account and User ID on the Service, agree to follow the Rules of Conduct published by Netamin. The Rules of Conduct is posted on the Web Site. The Rules of Conduct may change at Netamin’s discretion, at any time. Netamin reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any impermissible conduct whether or not such conduct violates the Rules of Conduct.
Intellectual Property Rights.You may not use any third party software to modify the Software to Change Game play and the operation of the Web Site. You may not use intellectual property rights contained in the Game or the Software to create or provide any other means through which the Game may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on the Web Site and Netamin’s infrastructure.
Content Upload. You can upload content to Netamin’s servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas (collectively, “Your Content”). Your Content shall not: a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; b) violate any law or regulation; c) be defamatory, obscene, child pornographic or harmful to minors; or d) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to Your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with Your Content.
Privacy. Netamin cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, Netamin may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, Netamin can (and you authorize Netamin to) disclose any information about you to private entities, law enforcement or other government officials as Netamin, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that Netamin may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf.
Disclaimer of Warranty. To the maximum extent allowed by law, Netamin, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. You expressly agree that use of the Service and the Software is at your sole risk. The Service and the Software are provided on an “AS IS”, “AS AVAILABLE” basis, unless such warranties are legally incapable of exclusion. Netamin disclaims all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, regarding the Service, the Software, and the Internet. Netamin assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data from delays, nondeliveries, errors, system down time, misdeliveries or service interruptions caused by Netamin, its licensors and subcontractors, or by your own errors and/or omissions.
Limitation of Liability. You acknowledge and agree that Netamin and its affiliates shall not assume or have any liability for any action by Netamin, its affiliates or its content providers, other Members of the Service or other licensors with respect to conduct, communication or content on the Service or the Software. Netamin and its affiliates shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages in connection with the Software or the Service. Netamin’s and its affiliates’ entire liability to you and your exclusive remedy for any breach of any implied or express warranty, or for breach of this Agreement is limited to $100. Because some states do not allow the exclusion or limitation of liability for certain damages, in such states Netamin’s and its affiliates’ liability is limited to the extent permitted by law.
Indemnification. At Netamin’s request, you agree to defend, indemnify and hold harmless Netamin, its affiliated companies, licensors, subcontractors, distributors, and other Members of the Service, from all liabilities, claims and expenses, including attorneys’ fees, arising from any breach of this Agreement by you. Netamin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Netamin’s failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Netamin of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Netamin shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Netamin. All notice given by you or required under this Agreement shall be in writing and addressed to Netamin Communication Corporation, PO Box 5050, CA 91765, or faxed to (909) 598-7404, Attn: Fallen Age Account Administration, or emailed to info@fallenage.com.
Governing Laws. This Agreement is governed in all respects by the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal action arising out of this Agreement must be filed in the state courts of Los Angeles County, California.

Fallen Age Rules of Conduct

The following are the rules of conduct that govern player interaction and activities within Fallen Age and in the official Fallen Age Forums. Failure to act responsibly and comply with these rules may result in the termination of your account without any refund of any kind.

In order to build up a friendly and enjoyable gaming environment, the rules of conduct of Fallen Age are stipulated below. Netamin will from time to time make necessary amendment to the rules as the Game evolves. Any amendment, once posted, will be effective immediately.
You may not give false information or intentionally hide any information when registering for your Fallen Age account.
You may not harass, threaten, or embarrass other players and Fallen Age customer service representatives.
You may not use any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language.
You may not impersonate any Fallen Age customer service representative or other employee of Netamin Communication Corporation.
You may not market, promote or advertise anything, or make any other form of solicitation (including pyramid schemes and chain letters) on the Fallen Age Service or through the Fallen Age Web Site.
You may not violate any local, state, national or international law or regulation.
You may not arrange for the exchange or transfer of any pirated or illegal software while on Fallen Age Web Site.
You may not modify any part of the Fallen Age Service or web sites of Netamin Communication Corporation.
You will follow the instruction of authorized personnel while in Fallen Age or on the Official Fallen Age Forums.
You may not organize nor be a member of any guilds or groups within Fallen Age that are based on any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
You may not post or communicate any player’s real world personal information within the Fallen Age Service or through the Fallen Age Web Site or bulletin board.
You will not upload or transmit on the Fallen Age Service, or through the Fallen Age Web Site or bulletin board, any copyrighted content that you do not own all rights to, unless you have the express written permission of the author or copyright holder.
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running Fallen Age Service.
You will not attempt to play Fallen Age on any server that is not controlled or authorized by Netamin Communication Corporation.
You will not create, use or provide any server emulator or other site where Fallen Age may be played, and you will not post or distribute any utilities, emulators or other software tools related to Fallen Age without the express written permission of Netamin Communication Corporation.
You will not do anything else that interferes with the ability of other Fallen Age users to enjoy playing the game in accordance with its rules, or that increases the expense or difficulty of Netamin Communication Corporation in maintaining the Fallen Age Service for the enjoyment of all its users.