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WHICH SWCOMBINE (COLLECTIVELY, "SWC") OFFERS YOU ACCESS TO AN ACCOUNT
(THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY THE SWCOMBINE
ONLINE FANTASY ROLE PLAYING SIMULATION (THE "GAME"). BY CLICKING THE
"I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY
CLICKING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU
MUST NOT REGISTER OR USE THE GAME.
1. Accounts are available only to adults or, at their discretion, their
minor child of at least thirteen years of age (for the purposes of this
Agreement, a "minor child" is a person of at least thirteen years of age
who has not reached the age of majority under the law of the jurisdiction
in which he or she resides). If you are a minor child, your parent or
guardian must complete the registration process, in which case he or she
takes full responsibility for all obligations under this Agreement. By
clicking the "I Accept" button, you represent that you are an adult and
are accepting this Agreement either on behalf of yourself or your minor
child. You may not transfer or share your Account with anyone, except
that if you are a parent or guardian, you may permit one minor 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 minor child.
Corporations and other entities are not eligible to procure Accounts.
2. To play the Game, you must: (i) have a fully registered Account;
(ii) have a valid browser; and (iii) have an Internet connection (which
we do not provide or pay for) to access your Account. You are responsible for all hardware,
software, service and other costs you incur to access your Account.
We may update or otherwise enhance the Game and/or the Software at any time,
and downtime may occur during such periods. You understand that
online games evolve over time and, accordingly, system requirements to play
the Game may change over time.
3. We may amend this Agreement at any time at our sole discretion. Amendments
to this Agreement or to Game rules will be communicated via the Sim News. Such
amendments shall be effective at the time you access your Account or play
the Game after we make the notification publicly available.
4. In the Character Creation process, you will be required to choose a
name for your Character ("Handle"). While you are strongly encouraged to use a pseudonym rather than your real name,
especially if you are a minor child, you may not choose a Handle that
is also the name of a character or entity from another universe or from real life.
Your chosen Handle must sound like a name and may not be a phrase or obscenity in any language.
You may not disclose your password to any third party. We will never ask you
for your password by email, and you should not disclose it via email if
someone asks you to do so. Sharing your Account will result in the ban of your
Account and any other Accounts involved. Although we may offer a feature that allows you to "save" or
"remember" your password on your hard drive, please note that third
parties may be able to access your computer and thus your Account. We are not responsible
for the security of your personal computer or Internet-capable device and cannot guarantee
that you will retain access to your Account if it is accessed by another party.
5. SWC is free of charge and you will never be billed. You may choose to make
voluntary donations to the Game at any time. If you choose to terminate your Account,
simply stop logging in. Level 1 accounts are automatically deleted after nine months
of inactivity. Higher level accounts are not deleted and you will be able to return to it
in the future if you choose.
6. We may terminate this Agreement and/or suspend your Account immediately
and without notice: (i) if you violate any provision of this Agreement;
(ii) if you infringe any third party intellectual property rights;
(iii) if we are unable to verify or authenticate any information you provide to
us; (iv) if you violate any of the SWC rules detailed on the Rules pages of the website
(which we will amend or supplement from time to time, at our discretion),
or (v) if you engage in game play, chat or any player
activity whatsoever which we, at our discretion, determine is inappropriate
and/or in violation of the spirit of the Game. If we terminate this
Agreement or suspend your Account under these circumstances, you will
lose access to your Account for the duration of the suspension, which may be permanent. We may
also terminate this Agreement if we decide, at our sole discretion, to
discontinue offering the Game.
7. You may not use any third party software, automated macros, or similar modications to
automate or change game play, or knowingly attempt to play in such a way that it contradicts
the posted rules.
You may not decrypt or modify any data transmitted between client and server;
you may not use or distribute macros or other programs which would allow
unattended game play.
You may not take any action which imposes an unreasonable or disproportionately
large load (as determined by us) on our infrastructure.
You may not buy, sell or auction (or host or facilitate the ability to allow
others to buy, sell or auction) any Account or any Game characters, items,
credits, entities, or copyrighted material or any other intellectual property owned or
controlled by us or our licensors.
8. As part of your Account, you can upload content to our servers in various
forms, such as in the selections you make for the Game, avatars, in-game posts
and chat, and in chat rooms and similar user-to-user areas
(collectively, your "Content"). If we, or our licensors, can reasonably
construe that your Content contains any material that infringes any of
our respective or collective intellectual property interests (hereafter,
such Content shall be referred to as "Derivative Content"), you hereby
acknowledge and agree that any such Derivative Content is owned by our
licensors or us.
For any of your Content that is not a Derivative Content, you hereby
acknowledge that we have the right to remove or limit your Content if we deem it inappropriate.
Your Content shall not: (i) infringe any third party intellectual property,
other proprietary or publicity/privacy rights; (ii) violate any law or regulation;
(iii) be defamatory, obscene, child pornographic or harmful to minors;
(iv) contain any viruses, trojan horses, worms, time bombs, cancelbots or
other routines or components that are intended to damage,
detrimentally interfere with, decrypt, intercept or expropriate any
system, data or personal information, or (v) violate any SWC rules.
9. We cannot ensure that your private communications and other personally
identifiable information will not be disclosed to third parties where demanded by law. For example,
we may be forced to disclose information to the government
under certain circumstances, or third parties may unlawfully intercept or
access transmissions or private communications. Additionally, we can (and you
authorize us to) disclose any information about you to private entities,
law enforcement or other government officials as we, at our sole
discretion, believe necessary or appropriate to investigate or resolve
possible problems or inquiries. For persons in European Union countries,
terms such as "personal information" refer to "personal data" as defined
by the Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (the
"Directive"). Your personal data will never be sold by us or shared by us for marketing purposes.
We will not collect any personal data from you unless you provide it voluntarily
by providing us with your freely given specific and informed consent. You
acknowledge and agree that we may transfer such information (including, without
limitation your personally identifiable information or personal data) to the
United States or other countries or may share such information with any licensees
and agents in connection with SWC; you should be aware that different
laws and/or regulations may apply outside the European Union with respect to your
personal data. Furthermore, if you request any technical support, you
consent to our accessing of any information required for purposes of
support and debugging.
You agree that we may communicate with you via email and any similar technology
for any purpose relating to the Game and any services or functions
that may in the future be provided by us or on our behalf.
You may choose to visit the Internet Relay Chat server and its chat rooms, or any forums operated
by SWC staff on behalf of SWC. You are subject to the
terms and conditions, privacy customs and policies of SWC while on any
areas of the site. Since we do not control other web sites and/or privacy policies of third
parties, different rules may apply to their use or disclosure of the personal
information you disclose to others.
Solely for the purpose of patching and updating SWC,
you hereby grant us permission to: (i) upload Game file information from your
computer; and (ii) download Game files to you. You acknowledge that any and all
character data is stored and is resident on our servers, and any and all
communications that you make within the Game (including, but not limited
to, messages solely directed at another player or group of players)
traverse through our servers, may or may not be monitored by us or our
agents, you have no expectation of privacy in any such communications
and expressly consent to such monitoring of communications you send and
The Combine uses a third-party advertising company (Google) to
serve ads when Users visit the website. Google uses the DART cookie to
use information (not including a User™s name, address, email address, or
telephone number) about Users visits to this and other websites in order
to provide advertisements about goods and services of interest to Users.
Further information about this practice and to information on how to opt
out of the Google DART cookie can be found by visiting this site:
10. SWC EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights which vary from state to state.
11. WE DO NOT ENSURE CONTINUOUS, ERROR-FREE,
SECURE OR VIRUS-FREE OPERATION OF THE GAME, YOUR ACCOUNT
OR CONTINUED OPERATION OR AVAILABILITY OF ANY SWC SERVERS. FURTHER, WE
CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR
ACCOUNT WHENEVER YOU WANT, AND THERE MAY BE EXTENDED PERIODS OF TIME
WHEN YOU CANNOT ACCESS YOUR ACCOUNT. YOU ASSUME THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE GAME IN CONNECTION
WITH YOUR HARDWARE AND SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING,
REPAIR AND/OR CORRECTION OF YOUR HARDWARE AND SOFTWARE. WE ARE NOT LIABLE FOR ANY
DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR
12. IN NO EVENT SHALL SWC OR ITS STAFF BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT,
THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,
DAMAGE TO PROPERTY AND ™ TO THE EXTENT PERMITTED BY APPLICABLE LAW ™
DAMAGES FOR PERSONAL INJURY, EVEN IF SWC OR ITS STAFF HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF
SWC AND ITS STAFF TO YOU
OR ANY THIRD PARTIES IS LIMITED TO $0. YOU AGREE TO WAIVE ANY RIGHT TO
EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF
AGAINST SWC AND ITS STAFF TO ENFORCE THE TERMS HEREOF; HOWEVER,
THE FOREGOING SHALL NOT PRECLUDE SWC AND/OR ITS STAFF FROM SEEKING
ANY INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
13. You shall comply with all applicable laws regarding your access to your Account and your playing of the Game. Without
limiting the foregoing, you may not download, use or otherwise export or
re-export aspects of SWC except in full compliance with all applicable
laws and regulations. If you program for the Game your code will become
the property of SWCOMBINE™ and with your participation you automatically
accept this condition. You may reuse the code that you wrote yourself
for other projects, but you may not copy the code other programmers
contributed to the Game for other projects, without specific approval
from head administration, with the exception of minor, small, code
snippets that are not highly original. If you submit artwork that
is accepted for the Game your artwork will become the property of
SWCOMBINE™ and with your participation you automatically accept this
condition. You may reuse the artwork that you created yourself for other
projects, but you may not copy the artwork other artists contributed to
the Game for other projects, without specific approval from the current
SWCOMBINE™ ADMINISTRATION OR ART DIRECTOR, with the exception of custom images in game.
You also may not link SWCOMBINE™ artwork to
any other game without the approval of the SWCOMBINE™ ADMINISTRATION OR ART DIRECTOR.
If you make any other content contributions to the Game, that content will become
the property of SWCOMBINE™ and with your participation you automatically
accept this condition.
14. If any provision of this Agreement is held to be invalid or
unenforceable under the laws of your jurisdiction, such provision shall
be struck and the remaining provisions shall be enforced ™ nothing
herein is intended to interfere with your statutory rights except to the
extent permitted under applicable law. Our failure to act with respect
to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. You may not assign or
transfer this Agreement or your rights hereunder, and any attempt to the
contrary is void. This Agreement sets forth the entire understanding and
agreement between you and SWC with respect to the subject matter hereof.
15. If you have any questions regarding your Account or play of the Game,
please contact SWC technical support or the Administration. Parental
control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in limiting access
to material that is harmful to minors. If you are interested in learning
about these protections, information is available at www.safetysurf.com or
other similar sites providing information on such protections.