SKOTOS TECHNOLOGIES, INC.
TERMS OF SERVICE
Welcome to the Skotos Technologies, Inc.s ("Skotos") web site, located at www.skotos.net (the "Site"). Please review the following terms that will govern your use of our Site and services ("Terms").
BY CLICKING THE "I ACCEPT" BUTTON BELOW, YOU AGREE TO COMPLY WITH ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLICK THE "I REJECT" BUTTON AND DO NOT CONTINUE TO USE THIS SITE OR ANY MATERIALS CONTAINED ON IT.
1. Our Services. Skotos is an Internet-based service that allows you to play numerous online, multi-genre, role-playing games where the worlds, places, characters, plots and other items may be created by you, other members, Skotos or other parties (collectively, "Games"). In addition to the Games, we also provide bulletin boards, chat rooms and other game-related services (collectively, "Services").
2. Age Requirement. You must be at least fifteen (15) years of age to use the Site, Services and Games. You represent, warrant and covenant that you meet this age requirement.
3. Access. You must have access to the World Wide Web in order to use our Site, Services and Games. It is your responsibility to select, obtain and pay for any equipment (e.g., computer or modem) and services (e.g., phone line or DSL) necessary for such access.
4. Registration. If you accept the Terms, Skotos will ask you to complete a registration form in order to establish your membership account. You must select a name by which to identify yourself to other members and to the Skotos staff when you use the Services (your "User ID"). You may not select as your User ID the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third partys trademark right, copyright, or other proprietary right, or which Skotos deems in its sole discretion to be vulgar or otherwise offensive. Skotos reserves the right to delete any vulgar or otherwise offensive User ID, or to require you to change your User ID. You must also select a password for your account. Skotos recommends that you choose one with letters and numbers, and do not use your User ID as your password. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or Skotos has reasonable grounds to suspect that you have, Skotos has the right upon notice to suspend or terminate your account and this agreement and to refuse your current or future use of the Site, Services or Games (or any portion thereof).
5. License. Subject to all of the Terms, Skotos hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the Games and Services only on the Site solely for your personal entertainment purposes.
6. Restrictions. You agree not to do any of the following prohibited actions:
- reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Games or Services or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
- permit any other person (including but not limited to a former member whose account Skotos has terminated) to access the Site, Services and/or Games, or create or provide any other means through which the Games may be played by anyone besides you (e.g., through server emulators);
- upload, post, email or otherwise transmit through the Site, Services or Games any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other partys proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose (e.g., player advertisement rooms); or (v) 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;
- harm minors in any way;
- impersonate another user or administrator, including but not limited to a Skotos "Story Host", "StoryGuide", "StoryPlotter" or other representative, or otherwise misrepresent your affiliation with such person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through the Site, Services or Games;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other members of the Services are able to type, or otherwise act in a manner that negatively affects other members ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about another member without the express permission of such member.
- reveal information, to anyone without access to such information, without the express permission of a member, that (i) personally identifies such member; (ii) reveals the administrative role of such member within a game; or (iii) reveals the names of game characters identified with such member.
- lie, misrepresent yourself to, or otherwise intentionally deceive any administrator, including but not limited to a Skotos "StoryHost", "StoryGuide", "StoryPlotter".
- Participatory Content. As part of our interactive approach, Skotos provides you with certain opportunities to submit your own ideas, text, graphics, plots, characters, feedback and other materials while you participate in the Games, bulletin boards, chat rooms and other activities in the Site or Services (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant Skotos a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not Skotos, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via the Site, Services or Games.
- Public Content. Skotos also offers you certain opportunities to create your own web pages and games to offer at no charge to the public and/or other members. By submitting any Public Content, you represent and warrant that you are the owner of or have the right to post your Public Content, and your Public Content does not infringe the rights of any third party. You hereby grant Skotos a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Public Content in all media now known or later developed. Notwithstanding anything to the contrary or the use of the word perpetual, you may remove your Public Content from the Site, Services and Games at any time your account is active and in good standing and Skotos license to your Public Content shall terminate at such time, except that you may not remove your Public Content after this agreement has terminated. Skotos and you may amend this provision by entering into a separate, written agreement. You, and not Skotos, are entirely responsible for all of your Public Content that you upload, post, email or otherwise transmit via the Site, Services or Games.
- Third Party Content. You acknowledge and agree that the Site, Services and Games contain materials owned by Skotos and its licensors (including other members), and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.
- Content Monitoring. As a matter of policy, Skotos does not pre-screen or monitor the content that you or other members may post to the Site, Services or Games. Skotos does reserve the right to monitor all such content, and reserves the right to remove without notice any and all content that Skotos, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. Skotos makes no representations or warranties about the content appearing on the Site, Services or Games. Under no circumstances will Skotos be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site, Services or Games.
- Mature Content. Skotos has adopted a "MATURE" rating, and parts of the Site, Services and/or Games contain adult or mature content that some users may consider offensive, indecent or objectionable. While Skotos has established a list of restrictions (section 6) and may in some instances choose to monitor and take action upon inappropriate gameplay, chat or links to the Services, it is possible that at any time there may be language or other material accessible on or through the Site, Services or Games that may be offensive or objectionable to some users.
- Content Transmission. You understand that the technical processing and transmission of the Services, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8. IDEA SUBMISSION POLICY. SKOTOS AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING BUT NOT LIMITED TO IDEAS FOR ADVERTISING CAMPAIGNS, TECHNOLOGY DEVELOPMENT OR PRODUCT NAMES. PLEASE DO NOT SEND SKOTOS OR ANY OF ITS EMPLOYEES ANY UNSOLICITED MATERIALS, INCLUDING ANY ARTWORK OR DEMOS. IF ANY AREA OF THE SITE, SERVICES OR GAMES INVITES YOU TO SUBMIT MATERIAL, SUCH SUBMISSION SHALL NOT BE DEEMED TO BE UNSOLICITED FOR PURPOSES OF THIS SECTION 8 ("IDEA SUBMISSION POLICY"). THE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES IF SKOTOS PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SKOTOS. SKOTOS DOES ACCEPT CERTAIN SOLICITED IDEAS PROVIDED YOU PROPERLY SUBMIT THEM THROUGH THE STORYBUILDER APPLICATION AND INCLUDE YOUR SIGNATURE. PLEASE NOTE THAT ANY MATERIAL YOU SUBMIT TO SKOTOS IN ANY MANNER WILL BE DEEMED YOUR "PARTICIPATORY CONTENT" AND SUBJECT TO THE TERMS OF SECTION 7(a)("PARTICIPATORY CONTENT").
9. Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. Skotos encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify Skotos immediately in the event your password is lost, stolen, disclosed or compromised. It is not Skotos policy to ask for your password online, and Skotos suggests that you never respond to an on-line request for your password. You acknowledge that although the Site, Services and/or Games may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and User ID. Skotos strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
12. Charges for Service. Skotos will bill you a monthly fee of US$12.95 for use of the Site, Services and Games. Skotos will waive this monthly fee for your first month of service and for any free services, currently limited to "The Lazarus Project". Alternatively, you may purchase one year of access to the Site, Services and Games for a flat fee of US$129.95. You may also choose to pay additional fees for additional services ("Premium Services"). YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of the Site, Services or Games is subject to any use, sales or other taxes, or if Skotos offers any additional services for a fee as noted on the Site and you choose to partake in such additional fee-services, then Skotos may also bill you for any such charges, which will be in addition to the rates noted here. Skotos reserves the right to change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Site. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued use of the Games or Services seven (7) days after the changes are posted on the Site will constitute your acceptance of such change. If you pay for the Games and/or Services by credit card, you represent and warrant that you are the authorized user of such credit card. Each month you use the Games and/or Services, you agree and reaffirm that Skotos is authorized to charge your credit card. You agree to promptly notify Skotos of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Skotos if your credit card expires or is canceled for any reason.
13. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Ownership. Skotos and its licensors shall at all times retain all right, title and interest in and to the Site, Services and Games, except to the extent of the licenses granted to you hereunder. Skotos, Skotos Tech and/or other Skotos products referenced herein are either trademarks or registered trademarks of Skotos.
15. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKOTOS, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SKOTOS PROVIDES THE SITE, SERVICES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY SKOTOS IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
16. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SKOTOS AND ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR GAMES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO SKOTOS UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
17. Consequential Damages. IN NO EVENT WILL SKOTOS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT SKOTOS, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SKOTOS, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. Indemnification. You agree to defend, indemnify and hold harmless Skotos, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys fees, arising from or related to your breach of this Agreement or portion hereof, you Participatory Content or Public Content or any act or omission by you relating the Site, Services or Games. Skotos reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
19. Termination. Either you or Skotos may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Skotos reserves the right to terminate the Site, Services and/or Games, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES AND GAMES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account Skotos has terminated may not access the Site, Services or Games in any manner or for any reason without Skotos express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following sections shall survive termination: 7(a) and (b), 8 and 14-22.
20. Amendment. Skotos may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued access and use of the Site, Services and/or Games seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
21. Reservation of Rights. Skotos hereby reserves any rights not expressly granted herein.
22. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be 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. Skotos failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Skotos 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 to the contrary, no default, delay or failure to perform on the part of Skotos shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Skotos reasonable control. This agreement is governed by and construed under California law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in San Mateo County, in the State of California, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be in writing and addressed to Skotos Technologies, Inc., 1512 Walnut St., Berkeley California 94709 Attn.: Skotos Account Administration, or emailed to email@example.com with receipt of confirmation. Skotos may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and Skotos with respect to the subject matter referenced herein.