Majic Realm Terms of Use

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Eligibility

You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for minor children for whom you are a parent or guardian and whom you have authorized to use the account you create on the Majic Realm (the “Service”).

You’ll need a Majic Realm account to access the Service. To create an account and use the Service, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid parent or legal guardian consent to be bound by these Terms. If you’re not an adult or emancipated minor, or don’t understand this Section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of a minor who creates an account with Lemon Drop Games, LLC (the “Company”), you and the minor accept and agree to be bound by these Terms. You are also responsible for all use of the account and compliance with these Terms by the minor, including all purchases made on the account. You may not create or use an account or use the Service on behalf of any other person or other legal entity or for a commercial purpose.

Ownership

All rights and title in and to the Service (including without limitation any user accounts, titles, themes, objects, characters, character names, character equipment, stories, dialogue, locations, concepts, methods of operation, moral rights, any related documentation, transcripts of the chat rooms, character profile information, recordings of games played on the Service, are owned by the Company. The Service is protected by United States and international laws. The Service may contain certain licensed materials, and the Company’s licensors may enforce their rights in the event of any violation of this Agreement.

Establishing an Account

You may establish one user account (the "Account") on the Service for each individual. To establish an Account, you will be required to provide the Company with certain personal information. Your failure to supply accurate information to the Company when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.

During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.

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 the Company.

Limitations on Your Use of the Service

Only the Company or its licensees have the right to host the Majic Realm. You may not host or provide matchmaking services for the Majic Realm Game, or intercept, emulate or redirect the proprietary communication protocols used by the Company in connection with the Service, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying a Game Client, adding unauthorized components to a Client, or using a packet sniffer while the Service is running.

You agree that you will not:

You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

The Company reserves the exclusive right to create derivative works based on the Service. You may not create derivative works based on the Service without the Company's prior written consent.

Rules of Conduct

As with all things, your use of the Service is governed by certain rules of conduct. These rules of conduct (the "Rules of Conduct"), maintained and enforced exclusively by the Company, must be adhered to by all users of the Service. It is your responsibility to know, understand and abide by these Rules of Conduct. The following rules are not meant to be exhaustive, and the Company reserves the right to determine which conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. The Company reserves the right to modify these Rules of Conduct at any time.

1. Rules Related to Character Names and Gang Designations.

Each user must select a character name. Additionally, users may form "gangs" and such gangs will be required to choose a name for the gang. When you choose a character name, create a gang, or otherwise create any label or text that can be seen by other players using the Service, you must abide by the following guidelines as well as the rules of common decency. If the Company 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, and/or suspend or terminate your use of the Service.

In particular, you may not use any name:

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. Names that violate our standards or disrupt the community will be changed, and additional penalties may be levied against the offending account per our discretion.

2. Rules Related to Chat, Voice, or any form of Verbal Interaction With Other Users.

Communicating with other Players and the Company’s staff is an integral part of the Service and is referred to in this document as "Chat." You understand that the Company may record your chat or play sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, filtering, modification, disclosure, and/or deletion by the Company without notice to you. Additionally, you hereby acknowledge that the Company is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat on the Service, or otherwise utilizing the Service, you may not:

Transmit or post any content or language which, in the sole and absolute discretion of the Company, 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; Carry out any action with a disruptive effect, such as, but not limited to intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat; Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Majic Realm universe; 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; Communicate or post any user's personal information in the Service, or on websites or forums related to the Service, except that users may communicate his or her own personal information in a private message directed to a single user; Inducing or encouraging others to breach the game rules or Terms of Use; Use bots or other automated techniques to collect information from the Service or any forum or website owned or administered by the Company; Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Service; Deliberately spread false information, conspiracy theories, or malicious rumors about the Company, the Service, its Employees, or other Players; Participate in any action such as Social Engineering that, in the sole and absolute opinion of the Company, results or may result in an authorized user of the Service being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play on the Service; Impersonate any real person, including without limitation any Game Administrator or any other Company Representative or Employee; Communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Company Representative or employee.

3. Rules Related to Game Play

Game play is what the Majic Realm is all about, and the Company strictly enforces the rules that govern game play. The Company considers most reasonable conduct to be part of the Game, and not harassment, so player-killing the enemies of your race and/or gang, including corpse camping, is considered a part of the Game. Because the Service is a "player vs. player" game, you should always remember to protect yourself in areas where the criminal element of the Game can attack you, rather than contacting the Company's customer service representatives for help when you have been killed by in-game enemies. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

Using, exploiting, or advertising errors in design, features which have not been documented, and/or "code bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players; Conduct prohibited by the Terms of Use, or helping or encouraging others to violate these Terms; Using or creating any unauthorized cheats, bots, automation software, hacks, mods or any other unauthorized software or hardware designed to modify the Service or gameplay; Engaging in any behavior which we reasonably believe is objectionable or offensive to other players, including conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, misogynistic, prejudicial or racially, ethically, or otherwise objectionable; Selling, purchasing or exchanging for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including "gold-farming" and power-leveling services; Behavior that intentionally detracts from others' enjoyment (i.e. griefing) is unacceptable. We expect our players to treat each other with respect and promote an enjoyable environment. Acceptable behavior is determined by player reports and the judgment of our staff, and violating these guidelines will result in account and gameplay restrictions; Modifying or causing to be modified any files or content that are a part of the Service in any way not expressly authorized by the Company, and you may not make any derivative works based on the Service; While we encourage you to report players that are behaving in a disrespectful manner, falsely reporting another player with the sole intent of restricting their gameplay is also unacceptable and will result in penalties to your own account; If you're unsure if your actions violate these Terms of Use, reconsider them. We reserve the right to restrict offending accounts as much as necessary to keep the Majic Realm a fun experience for all players; Anything that the Company considers contrary to the "spirit" of the Service; Harassment, abuse, or bad conduct directed at NEW players will immediately escalate any punishments to the maximum.

You are responsible for how you and your account are represented in the game world. Cheating in any fashion will result in immediate action. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating. Exploiting other players is an equally serious offense. Scamming, account sharing, and anything else that may degrade the gaming experience for other players may be subject to penalties.

Security of Login Information

You are responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, whether or not authorized by you.

You must notify the Company immediately by emailing support@majicrealm.com if you become aware of any breach of security, including any unauthorized account access or any loss, theft or unauthorized use or disclosure of your Login Credentials or payment info so we can take appropriate steps. You are responsible for all losses (including loss or use of Virtual Content) on your account where you have shared your Login Credentials or have failed to keep your account or Login Credentials secure.

The Company's Absolute Right to Suspend, Terminate and/or Delete the Account

THE COMPANY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use.

If you do not use your account for a prolonged period of time, we reserve the right to take measures against your account, including suspension or termination. If we plan to take measures against your account based on a prolonged period of inactivity, we will let you know first (e.g., by email to the email address registered to your account) and give you ample opportunity to avoid such measures.

Ownership/Selling of the Account or Virtual Items

The Company does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. The Company owns, has licensed, or otherwise has rights to all of the content that appears in the Service. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. The Company does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.

Payments and Refunds

We may require you to pay to use the Service. If you fail to remit any required payment, we may terminate your use of the Service, in whole or in part. We will establish the timing and form in which you must make any such payment.

In addition to any initial payment you may have made related to the Service, the Company may provide subsequent versions, enhancements, modifications, upgrades, or patches related to the Service. The Company may, in its reasonable discretion, but subject to the requirements of applicable mandatory law, require you to pay for the foregoing and, if you do not, may terminate your Account.

EXCEPT TO THE EXTENT PROVIDED UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION TO REFUND ANY PAYMENTS. WHEN A REFUND HAS BEEN OBTAINED WITHOUT OUR CONSENT, FOR EXAMPLE, BY DISPUTING OR REVERSING PAYMENT THROUGH YOUR CREDIT CARD PROVIDER OR OPERATOR, WE MAY TAKE ANY REASONABLE ACTION WE DEEM APPROPRIATE UNDER THE CIRCUMSTANCES.

Changes to the Terms of Use Agreement or the Service

The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Service, hours of availability, content, data, software or equipment needed to access the Service, effective with or without prior notice; provided, however, that material changes (as determined in the Company's sole and absolute discretion) will be disclosed as follows: The Company will provide you with notification of any such changes to the Service through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service and the Account. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. The Company may change, modify, suspend, or discontinue any aspect of the Service at any time. The Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Termination

This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and stopping your use of the Service. 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 virtual content or access to the Majic Realm. You agree and acknowledge that you are not entitled to any refund for any amounts which were previously paid on behalf of the Account prior to any termination of this Agreement. The Company may terminate this Agreement with or without notice by terminating your Account.

Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS'' AND THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS OR CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROFILE INFORMATION STORED BY THE COMPANY; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company'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.

Acknowledgments.

You hereby acknowledge and agree that:

WHEN RUNNING, THE SERVICE MAY MONITOR YOUR CONNECTION FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SERVICE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN THE COMPANY'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE MAJIC REALM INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY THE COMPANY; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SERVICE.

The Company may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. The Company may use or disclose your personal information if the Company believes that doing so may protect your safety or the safety of others.

THE COMPANY MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.

You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies

In the event that you breach this Agreement, you hereby agree that the Company would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.


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