GameSage: AeriaMobile
- Joined
- 11 May 2012
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- 831
- Location
- United States
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PostedJun 27, 2012 7:15 pm Last edited by iDerz on Jun 27, 2012 9:36 pm. Edited 3 times in total
Terms of Service and Explanations
Just an explanation of the ToS that you signed and agree to when playing AeriaGames games
Introduction to this section:
I am just going to post some explaining quotes and interpretations of the Terms of Service (ToS). ToS is an official document that you sign and agree to follow by playing AeriaGames games.
I am going to post a few sections of an explanation just to cover the basis.
The full ToS is here: Link
Explanation(s):
1. Legal
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By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy (http://www.aeriagames.com/policy/privacy) and any end-user license agreement applicable to our games, as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean Aeria Games & Entertainment, Inc. "You/your" means you as a user of the Website or any of our games.
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This basically means that you agree to follow the Terms and Conditions that are in the ToS by playing any of the games and/or using this website. By making this agreement, you are responsible for the actions that you do and the rules that you break.
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AGE may amend this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms.
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In this quote, this basically means that there can and/or will be changes in the ToS. You have to make sure that you are familiar with the changes and understand that rules can change.
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All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by AGE or have been licensed to AGE.
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AGE owns everything that comes with the game. The screenshots you make, the artwork that is made based off of the game, etc. In short, this means that you cannot take the game and ideas from it to make a private server or advertise a private server as well. All the information that comes with the games are licensed to AGE or owned by AGE. That being said, the game creator's hold the over all rights to the game and have the right to make changes to the game. Ultimately, AGE has to get permission from the creators/developers in order to make changes; however, this still does not change that the games are still licensed by AGE.
AGE follows the End-User-License-Agreement which is: Here
You are expected to follow the EULA as well as the ToS.
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3. Account
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You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 13 years of age or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account.
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You have to follow these directions in order to make an account and maintain access to that account.
You must be:
-13 years of age or older.
-Even if you are a minor, you should still review the ToS and have a parent or guardian with you to make sure that you understand the ToS and that they agree to them as well.
By making this account and agreeing to these rules, you agree to follow the rules as well as not sharing your account because you are liable for all activities that happen with your account. This means, in short, that anything that happens with your account, regardless if it was someone merely logging in to trade items to another person, it is still against the rules and you are held responsible.
Try to understand that some times your account gets hacked and the account is suspended just a precautionary method to prevent the total loss of all your items and the access to all your data.
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Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to acess such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to acess such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
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Also keep in mind that there are some 18+ years content in the games that AGE hosts. Shaiya is a prime example. You must provide a confirmation that you are 18 years and older; however, it is not AGE's fault if you lie about your age and see any content that is not appropriate for your age.
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5. License to Use
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You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to AGE or its licensor(s).
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All this means is that you are not allowed to rent or sell any game or any information from the games. They are copyrighted and it is against the copyrights of the game to sell any data. This also means that you cannot make a private server.
You cannot make any changes to the game or make bots and/or hacks.
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6. User Submission
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You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not AGE, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. AGE shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.
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This basically means that you are responsible for everything on this site that you post. You are responsible for everything you post in game. You have complete responsibility in whatever happens on your account and AGE cannot be held liable.
You must accept that any kind of responses or replies that you may get might be offensive or inappropriate. While AGE is not held liable, you can still send in a Contact Us about the issue if you deem it appropriate.
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7. User Conduct (AKA The Rules on Conduct)
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You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. AGE will not tolerate any illegal or offensive conduct.
You agree not to take any of the following actions
(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
[ Posting anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive, hateful, or racially/ethnically or anything objectionable is against the rules. If you take any action in these, you may be subjected to reporting/suspension.
Tactic made a great post about this: Here ]
(b) Harm minors in any way;
[ I know that people think it is okay to bully kids or do harm to them, thinking that it's okay because they are just "brats", but this is a no-no and against the rules ]
(c) Impersonate any person or entity, including, but not limited to, an AGE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
[ Impersonating any kind of person is against the law. Don't do it. Simple. ]
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;
[ Don't forge things. Also against the law. ]
(e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;
[ Pretty simple. If you don't have the right to post something, don't post it. ]
(f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post, e-mail, 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;
(h) Upload, post, e-mail, 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;
(i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(j) "Stalk" or otherwise harass another;
(k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;
(l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or AGE employees;
[ Yes. All Caps is spam. Spamming is bad. Vulgar language is bad. DO NOT filter dodge. ]
(m) Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, the Rules of Conduct, or the Privacy Policy; and/or
(n) Take any action that may prohibit other users from enjoying the services of the Website or games.
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These are pretty self explanatory but I will still go into detail. Everything in red is my comments.
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11. Termination of Service
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(a) AGE reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that AGE will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the control of AGE, and AGE cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. AGE shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(c) AGE has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
(d) AGE is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).
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Maintenance does not have to be announced. It is out of courtesy. AGE is not always in control of what happens to a game and why the game's service has been interrupted or terminated.
The refunding is done out of courtesy. AGE is not obligated to refund anything.
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12. Disciplinary Action/Account Termination
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AGE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
AGE can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of AGE.
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AGE does not have to tell you when they terminate, modify, delete or suspend your account. Warnings are in courtesy.
With this said, you cannot discuss bans/suspensions/terminations or anything along those lines with anyone. Meaning do not discuss this on the forums.
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