End-User License and Use Agreement
Effective November 1, 2020
Howdy, folks. This End-User License and Use Agreement (“Terms”) covers and governs all the digital stuff we have put together for Tales of Imperia. This digital stuff includes all of our html, webpages, websites, Discord channels and servers, forums, images, files, coding snippets, widgets, APIs, plugins, jars, config files, and pretty much anything else that is even remotely similar to the list of things just mentioned (collectively, the “Services”) provided by Tales of Imperia, LLC (“TOIL,” “we,” “us,” or “our”).
Remember, Tales of Imperia is for fun and is intended to be a place and Service for your entertainment, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. More to the point, if your use of our Services violates, directly or indirectly, these Terms, we might just kick you off out server.
We’re new, and so we don’t have a bunch of fancy things like privacy policies, content policies, and what not. Fear not, our lawyers are hard at work spilling words on electronic pages to create documents you might not ever read. Of course, they still think it’s all terribly necessary, and we need them for other things so we won’t complain. What you need to know is that TOIL might create new policies at any time. You should probably check in every once in a while to make sure you have the latest legal gobbledygook.
1. Your Access to the Services
People of all ages and use our Services.
Even though we want people of any age to play, please not that we cannot police or nanny every interaction on the servers. You just might get exposed to stuff you don’t like, or that might offend you. We ask two things:
(a) If you like offending people, stay calm and play on – just be civil.
(b) If you like being offended, stay calm and play on – just be civil.
We won’t tolerate whining or bullying, and will punish either or both in various ways that might be proportionate to the severity of any infraction – or not. It’s our server and we’ll do as we please.
Now for some more serious stuff…
2. Your Use of the Services
TOIL grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
• access the Services or Content in order to build a similar or competitive website, product, or service
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Special Notes on Discord:
Discord does have the ability to record, and TOIL fully allows the use of such a feature, with or without the consent of the users who may be in the channel. TOIL does not accept any liability for any information that you convey in any public Discord channel at any point in time, and the damages caused by releasing information across this service are the sole responsibility of the user who released the information. Always be wary of who you are speaking to, on Discord or across any other service provided by TOIL.
3. Your TOIL Account and Account Security
To use certain features of our Services, you may be required to create a TOIL account (an “Account”) and provide us with a username, password, and certain other information about yourself.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify TOIL if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication. If you aren’t serious about your own security, why should we?
You will not license, sell, or transfer your Account without our prior written approval.
4. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant TOIL the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with TOIL. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about TOIL or our Services that you provide to us are entirely voluntary, and you agree that TOIL may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
5. Third-Party Content, Advertisements
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
6. Things You Cannot Do
When using or accessing TOIL, you must comply with these Terms and all applicable laws, rules, and regulations.
YOU ALSO EXPRESSLY AGREE TO ABIDE BY THE SERVER RULES, AS AVAILABLE ON THE FORUMS LOCATED ON WWW.TALESOFIMPERIA.COM, AND FAILURE TO ABIDE BY SUCH SERVER RULES SHALL BE DEEMED, UPON OUR DISCRETION, AS A VIOLATION OF THESE TERMS.
You may not do any of the following:
• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
• Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
• Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
• Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with TOIL.
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on TOIL or any payment system.
• Use the Services in the commission of any crime.
• Attempt to reverse engineer, lift, duplicate, steal, or otherwise misappropriate any part or portion of the Services.
• What you cannot do on our servers you also cannot do on our Discord servers.
We encourage you to report content or conduct that you believe violates these Terms. We also support the responsible reporting of security vulnerabilities.
Also, you are forbidden from collecting user data, or user data that you have gleaned from using TOIL Services. You are forbidden from publishing such user data. If we find out about it, we’ll kick you off the server. If you independently obtain or possess data about another user, you are forbidden from posting such data on the Services, linking to such data on the Services, or using the Services, directly or indirectly, to publish or post such data.
We generally do not care what you do on your own time, but other users, and TOIL out of it. If can’t abide by these rules, we’ll kick you off the server.
Moderating in conjunction with the Services is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators or other staff members. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
If you choose to moderate:
• You agree to follow the rules that apply to moderators and staff members;
• You agree that when you receive reports related to the Services you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to TOIL for review;
• You are not, and may not represent that you are, authorized to act on behalf of TOIL;
• You may not enter into any agreement with a third party on behalf of TOIL without our written approval;
• You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; and
• If you have access to non-public information as a result of moderating, you will use such information only in connection with your performance as a moderator.
TOIL reserves the right, but has no obligation, to overturn any action or decision of a moderator if TOIL, in its sole discretion, believes that such action or decision is not in the interest of TOIL or the TOIL community.
8. Copyright, Trademark, the DMCA, and Takedowns
TOIL respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify TOIL.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to TOIL for certain costs and damages. Don’t forget, we’re from Texas, and we like suing bad people.
If we remove Your Content in response to a copyright or trademark notice, we will use commercially reasonably efforts, or even good, old fashioned common sense means, to notify you. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, talk to us. We should be able to come to some arrangement. Please see 17 U.S.C. § 512(g)(3) for details from our federal overlords.
9. Paid Services, Payment Information, Sale and Refund Policy
There are no fees for the use of many aspects of the Services. However, some services or features, may be available for purchase (“Paid Services”).
TOIL may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
If we kick you, suspend you, or ban you, you might lose all the stuff you bought through Paid Services. EVERY PURCHASE YOU MAKE IS SUBJECT TO THE THESE TERMS. IF YOU SCREW UP OR BREAK OUR RULES, YOU COULD LOSE IT ALL. Think before you act.
ALL SALES ARE FINAL. YOU SURRENDER ANY AND ALL RIGHTS FOR A REFUND FOR PURCHASE YOU MAKE INVOLVING OUR SERVICES, ON OUR SERVERS, THROUGH OUR PORTALS, OR FOR PRODUCT, FEATURES, OR SERVICES TOIL OFFERS.
WE RESERVE THE RIGHT TO DISALLOW, CEASE, OR HALT YOUR CONTINUED PLAY, USE, OR ACCESS TO THE SERVICES.
WE RESERVE THE RIGHT TO PROHIBIT YOU FROM CONTRIBUTING ADDITIONAL FUNDS TO THE SERVICES.
WE RESERVE THE RIGHT TO PURSUE ANY AND ALL LEGAL OR COLLECTION ACTIONS NECESSARY TO RECOVER DAMAGES IN THE EVENT OF A FORCED CHARGE-BACK.
WHEN PURCHASING SPECIAL FEATURES FROM TOIL, YOU REPRESENT AND WARRANT THAT:
A. YOU ARE LEGALLY AUTHORIZED TO CONSUMMATE THE CONTEMPLATED TRANSACTION WITH TOIL.
B. YOU ARE THE PERSON YOU CLAIM TO BE IN FURTHERANCE OF THE CONTEMPLATED TRANSACTION WITH TOIL.
C. YOU WILL NOT ATTEMPT TO CHARGE-BACK, CANCEL, OR OTHERWISE INHIBIT ANY TRANSACTION INVOLVING TOIL.
D. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT ALL PURCHASES MADE FROM TOIL ARE MADE EXPRESSLY SUBJECT TO THE THESE TERMS.
E. YOU CANNOT TRANSFER YOUR PURCHASES FROM ONE ACCOUNT TO ANOTHER.
F. TOIL HAS THE UNILATERAL AND UNABRIDGED RIGHT TO CANCEL, SUSPEND, OR BAN ANY PERSON OR ACCOUNT FOR ANY REASON, OR FOR NO REASON.
G. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT TOIL MAY HALT THE SERVICES, OR YOU MAY EXPERIENCE TEMPORARY OUTAGES OF THE SERVICES. INTERRUPTIONS CAUSED BY SUCH CESSATIONS OR OUTAGES SHALL NOT CONSTITUTE GROUNDS FOR A REFUND OF ANY PURCHASE FROM TOIL.
H. AS THE SOLE AND EXCLUSIVE REMEDY, AND SUBJECT TO THE SOLE DISCRETION OF TOIL, TOIL SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION TO OFFER IN-GAME CREDITS IN-LIEU OF ANY POTENTIAL REFUND.
I. TOIL DOES NOT GUARANTY, AND EXPRESSLY DISCLAIMS ANY WARRANTY, PROMISE, OR PLEDGE TO PROVIDE YOU A PROBLEM-FREE GAMING EXPERIENCE.
J. ANY AND ALL FEATURES YOU PURCHASE FROM TOIL SHALL BE SUBJECT TO IN-GAME USAGE AND DEPLOYMENT RULES.
K. ANY BREACH OF THESE TERMS COULD LEAD TO FORFEITURE OR LOSS OF PURCHASED FEATURES.
L. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT TOIL IS NOT AFFILIATED WITH MOJANG, AB; NOR IS TOIL AN AGENT THEREOF.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “TOIL Entities”) and other users harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOIL ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. TOIL DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE TOIL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE TOIL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TOIL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID TOIL IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE TOIL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Governing Law and Venue
We want you to enjoy TOIL, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback.
Except for the government entities listed below, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the Great State of Texas, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Bexar County, Texas (that’s San Antonio for you outsiders), and you consent to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you.
If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of the Great State of Texas (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Antonio, Texas.
14. Changes to these Terms
Our Company – Our Rules. We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
15. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by TOIL (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate these Terms at any time and for any reason by discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
Tales of Imperia, LLC