Terms of Service
Last Updated November 26, 2015
IMPORTANT! PLEASE READ CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HENRY PRICE (REFERRED TO AS PHANXGAMES), BY CHECKING THE "ACCEPT" CHECKBOX; YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD NOT CHECK THE "ACCEPT" CHECKBOX.
1. Establishment of a Phanxgames Account.
A. You may establish one (1) user account with which to access the Game Service by following the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be a 'Natural Person,' who is the age of majority in the country where you are a citizen. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account, and by accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by Phanxgames.
B. To register an Account to access the Game Service, you will be required to provide Phanxgames with: (i) your name; (ii) your E-mail Address in which you can check regularly and is in fact a real E-mail Address which you own. Failure to comply with providing an actual E-mail Address in which you own shall constitute a breach of this Agreement, which may result in the immediate termination and deletion of the Account. As such, it is imperative that you provide Phanxgames with an accurate, up to date E-mail Address. In the event that Phanxgames learns that you have provided false or misleading registration information, Phanxgames reserves the right to immediately terminate and disable or delete the Account.
C. During the registration process, you will be required to provide a username and a password that are specific to the Account. Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. Phanxgames is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password.
D. Phanxgames does not recognize the transfer of Accounts and will result in the permanent deletion of the Account. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and may result in suspension or termination of the Account.
2. Limitations on Your Use of our Game Service.
Limitations on your right to use Game Service may include, but not necessarily be limited to, the following:
A. Only Phanxgames and its servers have the right to host the Game Service! Accordingly, you may not host, provide matchmaking services for, or intercept, emulate or redirect the web site interface used by Phanxgames as part of the Game Service, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, or using a utility program to host the Game Service.
B. You agree that you will not (i) modify or cause to be modified any files that are a part of the Game Service web application; (ii) create or use cheats, "mods", and/or hacks, or any other third-party work-around designed to modify the Game Service experience; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Game Service.
C. You may not institute, assist, or become involved in an attack upon any Phanxgames or our Game Service server or otherwise attempt to disrupt the Game Service servers. You may not institute any such attack which results in the disruption of any other player's Game Service experience. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE GAME SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF GAME SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, PHANXGAMES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of Game Service.
3. Game Service Rules of Conduct.
As with all things, Game Service is governed by certain rules of conduct that must be adhered to by all users of Game Service. It is your responsibility to know, understand and abide by these rules of conduct.
A. Rules Related to Usernames.
Each user will select a character name. When you choose a character name, or otherwise create a label that can be seen by other players of Game Service must abide by the following guidelines as well as the rules of common decency. If Phanxgames finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of Game Service.
In particular, you may not use any name:
1. Belonging to another person with the intent to impersonate that person including without limitation a "Game Master" or any other employee or agent of Phanxgames;
2. That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
3. Subject to the rights of any other person or entity without written authorization from that person or entity;
4. That belongs to a popular culture figure, celebrity, or media personality;
5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
6. Belonging to any religious figure or deity;
7. Related to drugs, sex, alcohol, or criminal activity;
8. Comprised of partial or complete sentence (e.g., "Islaydragons", "Giveyouup", etc);
9. Comprised of gibberish (e.g., "Asdfghj", "Dqcqwc", "Gkvcvl");
10. Referring to pop culture icons or personas (e.g. "Emmawatson", "Superman", "Bradpitt")
11. That utilizes "Leet" or "Dudespeak" (e.g., "Lmaololol", "xxdragonxx", "xoxodie")
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
B. Rules Related to "Chat" and Interaction With Other Users.
Communicating with other Users and Phanxgames representatives is an integral part of Game Service and is referred to in this document as "Chat." Your Chat sessions may be subject to review, modification, and/or deletion by Phanxgames without notice to you. Additionally, you hereby acknowledge that Phanxgames is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in Game Service, or otherwise utilizing Game Service, you may not:
(i) Transmit or post any content or language which, in the sole and absolute discretion of Phanxgames, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area including but not limited to continuous advertisements to sell goods or services;
(iii) Communicate or post any user's personal information in or on the Game Service, or websites or forums related to Game Service, except that a Game Service user may communicate his or her own personal information in a private message directed to a single user;
(iv) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of Game Service; or
(v) Cheat or utilize Game Service "exploits" in any way including without limitation modification of the game program files.
C. All content including graphics, text, and programming, from Game Service is owned by either Phanxgames or affiliated parties. Phanxgames and these affiliated parties, unless you were given written consent, forbids the use of you 'ripping' or stealing any content from Game Service for your own use.
4. Account/Password Security.
You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of the Account is your responsibility. Phanxgames is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. If you think that the Account has been compromised, please contact Phanxgames Technical Support through our web site and will help you reset your Password, and offer basic suggestions for improving the Account security. If you report the Account stolen, hacked, or in any other way compromised, Phanxgames will suspend the Account while the matter is investigated. Following this investigation, Phanxgames will determine the appropriate course of action in its sole and absolute discretion.
This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for upgraded Gold Account game access to Game Service. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Phanxgames reserves the right to terminate this Agreement without notice.
You hereby acknowledge that:
A. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Game Service.
B. Phanxgames has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.
C. Phanxgames has the right to obtain "non-personal" data from your connection to Game Service in order to make certain demographic assumptions regarding the users of Game Service without any further notice to you.
D. GAME SERVICE IS PROVIDED "AS IS" AND PHANXGAMES DOES NOT WARRANT THAT GAME SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAME SERVICE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. You may not be able to access Game Service whenever you want, and there may be extended periods of time where you cannot access Game Service.
F. Phanxgames shall not be held liable for any delay or failure to perform under any circumstances including without limitation those resulting from causes outside the reasonable control of Phanxgames; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Phanxgames's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
G. Phanxgames reserves the right, in its sole and absolute discretion, to modify or delete any information including without limitation Game Data and any other information accumulated, stored or uploaded on Game Service;
H. Phanxgames reserves the right, in its sole and absolute discretion, to cease operation with or without prior notice and thereby terminating all Game Service accounts, Game Data, and information;