THE STAR CHAMBER END USER LICENSE AGREEMENT AND SOFTWARE LICENSE (“LICENSE”)
THIS LICENSE DESCRIBES THE TERMS UNDER WHICH WORLDS APART PRODUCTIONS, LLC (“WORLDS”) GRANTS YOU USE OF THE SOFTWARE (“SOFTWARE”) AND ACCOUNT (THE “ACCOUNT”) NECESSARY TO PLAY THE STAR CHAMBER GAME (THE “GAME”). BY PRESSING THE “ACCEPT” BUTTON BELOW, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE. BY PRESSING THE “DECLINE” BUTTON, YOU DECLINE THESE TERMS AND CONDITIONS, AND WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE NOR PLAY THE GAME. WORLDS MAY AMEND THIS LICENSE FROM TIME TO TIME IN ITS SOLE DISCRETION. ANY SUCH AMENDMENT SHALL BE COMMUNICATED TO YOU AT THE TIME YOU LOG INTO YOUR ACCOUNT AND WILL BE CONSIDERED ACCEPTED BY YOU THROUGH CONTINUED USE OF YOUR ACCOUNT AND THE GAME. SUCH AMENDMENTS SHALL BE EFFECTIVE WHENEVER WORLDS MAKE THE NOTIFICATION AVAILABLE FOR YOUR REVIEW. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE CONTACT THE STAR CHAMBER CUSTOMER SERVICE AT STARCHAMBER-SUPPORT@WORLDS-APART.COM.
1. Description of the Star Chamber Game and Service
Star Chamber is a Service (“Service”) delivered over the Internet that provides a means for you to play the Game when you (i) obtain a copy of the Game, including Software and related electronic media or documentation and any printed materials, (ii) set up an account with the Service, and (iii) use any Software or other programs provided to you as an Account holder through the Service. In the course of your use of the Game and Service, you will accumulate a collection of licensed digital objects that represent cards and gameplay from Star Chamber. Your use of these objects will be governed by a limited license that grants you the right to use them . you will not be granted any ownership of the digital objects by this license. Use of the Game, the Service, and your Account requires an Internet connection, which Worlds does not provide. In addition to any fees described herein, you are solely responsible for paying all applicable taxes (including those Worlds are not required to collect) and for all hardware, software, service and other costs you incur to access your Account, including, without limitation, any internet service provider fees.
2. Account Eligibility.
Accounts and access to the Service and Game are available only to adults or, in their discretion, their minor child who is at least 13 years old . If you are a minor, your parent or guardian must create an Account and agree to assume full legal responsibility for all obligations under the terms and conditions of this License. By pressing the “Accept” button (and also by providing Worlds with a credit card number), you are warranting that you are an adult and that you are accepting this License on your own behalf or on behalf of your minor child. You may not transfer or sell your Account to anyone. Further, you may not share your Account with any third party, unless you are a parent or guardian, in which case you may allow one child to use the Account instead of you. You are solely responsible and liable for all activities conducted through the Account and for the security of your computer system, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
The Service is not intended for use by children under the age of thirteen. If you are under the age of thirteen, or the parent or guardian of a minor child under the age of thirteen, you may not create an Account, nor may create an Account for such child under the age of thirteen, and are asked not to provide any personal information to Worlds.
Account holders who have had their access to the Game or Service suspended or terminated by Worlds may not access the Service in any manner or for any reason without the express written permission of Worlds.
3. Tournament and Prize Participation Eligibility You are subject to the laws of the jurisdiction, state, province and/or country in which you reside and from which you participate in the Service and are solely responsible for adhering to those applicable laws. You agree that Worlds cannot be held liable if laws applicable to you restrict or prohibit your participation. Worlds makes no representations or warranties, implict or explicit, as to your legal right to participate in any activity offered by the Service, include the prize award features, nor shall any person affiliated, or claiming affiliation with the Service have authority to make any such representations or warranties.
Worlds reserves the right to monitor the geographical location from which you access the Service, and to block participation in the tournaments offered by the Service to anyone for whom participation may not be permissible determined by the sole discretion of Worlds. Worlds may require a participant receiving a prize to provide proof that he or she is eligible to participate in the prize award features of the Service.
If you are located in the United States of America you must be located in a state where participation in such tournaments is permitted by law. Currently, the Service may not offer fee-based tournaments with prizes to residents of the states of Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee, Texas, Vermont, and Washington.
You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. As required by the United States Internal Revenue Service regulations, Worlds will send a Form 1099 to any person who wins in excess of US$600 in any given year.
4. User IDs and Use of Passwords.
The unique User ID (“UID”) that you choose when you create your Account may not violate any trademarks or other proprietary materials. You will also select a password when you create your Account. You are solely responsible for ensuring that your password remain confidential, and for any harm resulting from your disclosure or from use by any person of your password to gain access to your Account and UID. You are solely responsible for all uses of your UID and password, whether or not such use was authorized by you. No representative or employee of Worlds will ever ask you for your password, therefore you should never disclose your password to anyone. You agree to indemnify and hold Worlds and its affiliated companies, officers, directors, employees and agents harmless from any improper or illegal use of your Account, including, without limitation, any activity arising from your disclosure of your password to a third party or your allowing someone else to use your Account. Your Account may be subject to suspension or termination if you let someone else use it inappropriately or if you or anyone else using your Account violates this License.
6. Fees for Product and Service.
Fees for the digital products used in the Game (“Digital Products”) are listed at http://www.starchamber.net/prices.php (The “Pricing Page”) and are herein incorporated by reference. All fees are in U.S. Dollars. All fees shall be prepaid and are non-refundable. Upon acceptance of this License, you authorize Worlds to charge your credit card for any applicable fees plus taxes. Thereafter, on any future due date, you authorize Worlds to charge your credit card for the then-current renewal rate for use of the Service plus applicable taxes. If your credit card cannot be processed at any time, your account may be immediately terminated. Prices and fees apply to the purchase of Digital Products, including without limitation, membership fees, digital trading cards, booster packs, starter decks, and event passes. There currently are no mandatory membership fees for use of the Service. Worlds may amend its digital product, membership fees, or billing procedures upon thirty (30) days notice, which shall be posted on the Pricing Page. You shall be responsible for reviewing the Pricing Page to obtain notice of such amendment. If any such amendment is unacceptable to you, you may terminate your Account as provided in Section 14, below. Your continued use of the Game and Service fifteen (15) days after posting of the amended Pricing Page shall indicate your acceptance of such changes. You are fully liable for all charges under your Account, including any unauthorized charges. When you pay for any charges by credit card, you represent to Worlds that you are the authorized user of such credit card. You agree to promptly notify Worlds of any changes to your credit card account number, its expiration date, or your billing address, and you agree to promptly notify Worlds if your credit card expires or is canceled for any reason.
7. Game and Message Board Conduct and Use.
Each Account holder shall be individually responsible for the use of this Game and Service and shall agree to conduct him or herself in a lawful and courteous manner. As an Account holder, you agree to follow the Game’s Code of Conduct published by Worlds (“Code of Conduct”), which is located at http://www.starchamber.net/codeofconduct.php and is incorporated herein by reference. Worlds may change the Code of Conduct at any time. Worlds does not pre-screen Member content or communication over the Service. Certain areas of the Service provide access to online message boards or chat rooms (.Message Boards.). Message Boards and e-mail submissions over the Internet may not be secure or suitable for the transmission of personal or confidential information. Worlds assumes no responsibility or liability for any content in the Message Boards, and does not endorse any such content. In addition, Worlds reserves the right, in its sole discretion, to remove or edit content, in whole or in part contained in the Message Boards if it such content is deemed to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this License, or for any other reason. You agree to use the Message Boards only to post, send and receive content that is proper, related to the subject matter of the Message Boards and that complies with applicable law.
8. Intellectual Property Rights and Grant of License.
All title, ownership rights and intellectual property rights in and to the Software and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program) are owned by Worlds or its licensors. The Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Software contains certain licensed materials and owners of these materials may protect their rights in the event of any violation of this License.
Under the terms of this License, Worlds hereby grants you a non-exclusive limited use license (“Use License”) to use the Software, Service, and Digital Products only while playing the Game via your authorized and fully paid Account. This Use License includes the right to trade Digital Objects through the Service, subject to the terms hereof. Except as provided by this License and the Code of Conduct, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the Game or the Service. The Game and any Digital Products contained within the Game are available solely for use by Account holders according to the terms of this Use License. Neither this Use License nor your Account entitles you to any subsequent releases of the Software, or to any Digital Products, including without limitation, online trading cards, booster packs, theme decks, tournament packs, and event passes. From time to time, Worlds may release such Digital Products, which may be obtained for a separate fee. Worlds may update or otherwise enhance the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this License.
You grant to Worlds the unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media, and waive any moral rights you may have in such content.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Software, Service, the Digital Products, and the Game are:
Copyright (c) 2004 Worlds Apart Productions, LLC, 1155 Sherman Street, Suite 303, Denver, CO 80203 All rights reserved.
WORLDS APART PRODUCTIONS, Star Chamber, the Worlds Apart Productions, LLC logo, the expansion names and symbols, character names and their distinctive likenesses and the trade dress or “look and feel” are trademarks owned by Worlds and/or other third parties. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved to Worlds.
9. Responsibilities of Account holder.
Subject to the terms of this License, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices or labels from the Software without the prior consent, in writing, of Worlds.
The Software is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
You are entitled to use the Software for your own use, but you are not entitled to:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way, nor to rent, loan, lease or license the Software to others without the prior written consent of Worlds.
(ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site. Worlds may offer a separate Site License Agreement to permit you to make the Software and Service available for commercial use; contact Worlds for details;
(iii) host or provide matchmaking services for the Software or emulate or redirect the communication protocols used by Worlds in any network feature of the Software, through protocol emulation, tunneling, modifying or adding components to the Software, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of Worlds.
10. DISCLAIMER OF WARRANTY.
THE SOFTWARE, THE SERVICE, THE DIGITAL PRODUCTS, GAME, THE ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORLDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, THE SERVICE, THE DIGITAL PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WORLDS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SOFTWARE, THE SERVICE, THE DIGITAL PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES FOR ANY PURPOSE.
FOR YOUR CONVENIENCE, WORLDS MAY MAKE AVAILABLE AS PART OF THE SOFTWARE, THE SERVICE, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WORLDS DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
10. LIMITATION OF LIABILITY/INDEMNIFICATION.
IN NO EVENT SHALL WORLDS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, THE SERVICE, THE DIGITAL PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. WORLDS. LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $10. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO INDEMNIFY AND HOLD WORLDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY.S FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE SERVICE, OR ANY OF THEMESSAGE BOARDS.
11. Technical Difficulties/Game Termination.
Worlds does not ensure continuous, error-free, secure, or virus-free operation of the Service, the Game, or your Account. Worlds shall not be liable for any delay or failure to perform resulting from technical difficulties. Further, Worlds cannot and does 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. Worlds may modify or cancel any element of the Service or Game in its sole discretion.
12. No Unlawful Or Prohibited Use.
As a condition of your use of the Game and Service, you agree you will not use the Game or Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Game or Service in any manner that could damage, disable, overburden, or impair any Worlds web site or service (or the network(s) connected to any Worlds web site or service) or interfere with any other party’s use and enjoyment of any Worlds web site or service. You may not attempt to gain unauthorized access to any Worlds web site or service, other registrations, accounts, computer systems, or networks connected to any Worlds web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Worlds web site or service.
The parties hereby declare, and by these presents confirm, their express desire that this License be written and interpreted in the English language.
15. No Assignment.
This License is personal to you, and may not be assigned without prior written consent from World.
16. EXPORT RESTRICTIONS.
You shall comply with all applicable laws regarding your use of the Software, 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 the Software except in full compliance with all applicable laws and regulations.
This License is governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Colorado and further agree that any cause of action relating to this License shall be brought in a court in Denver, Colorado. Worlds. failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Use of the Game or Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this License. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the License shall continue in effect. A printed version of this License and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This License and the other documents incorporated herein by reference sets forth the entire understanding and agreement between Worlds and you with respect to the subject matter hereof.