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Terms of Use Agreement


 TERMS OF USE AGREEMENT

Last Updated September 10, 2008
 
YOU SHOULD CAREFULLY READ THE FOLLOWING SATURN VALLEY ONLINE TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT ALLOWED TO INSTALL, PLAY NOR CONNECT TO SATURN VALLEY ONLINE AND ITS SERVERS.
 
Welcome to Skyon & Saturn Valley Online. The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the "Program"), and (b) Skyon's proprietary Saturn Valley Online online service (the "Service"). All use of the Service is governed by the terms and conditions contained in this Agreement, including any future revisions. Any use of the Service not in accordance with the Terms of Use is expressly prohibited.
 
   1.
      Eligibility.
      You represent that you are at least 13 years old or older. In case you are not, you have your parents' permission to play Saturn Valley Online. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service.
   2.
      Ownership.
      Everything in Saturn Valley Online is licensed to Nintendo, except for the custom graphics, music and names.
   3.
      Establishing an Account.
      You may establish one (1) user account (the "Account") per person on the Service. To establish an Account, you will be required to provide Skyon with certain personal information (such as your email address). Your failure to supply accurate information to Skyon 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 and inure to the benefit of Skyon.
   4.
      Limitations on Your Use of the Service.
         1. Only Skyon has the right to host the Game. You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Skyon in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.
         2. You agree that you will not (i) modify or cause to be modified any files that are a part of the Program or the Service; (ii) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Saturn Valley Online experience; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Program or the Service. Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by Skyon, and Skyon may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
         3. 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 PROGRAM 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 Program or the Service.
         4. Skyon reserves the exclusive right to create derivative works based on the Program. You may not create derivative works based on the Program without Skyon’s prior written consent.
   5.
      Rules of Conduct.
      As with all things, your use of the Program is governed by certain rules of conduct. These rules of conduct (the "Rules of Conduct"), maintained and enforced exclusively by Skyon, 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 Skyon 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. Skyon reserves the right to modify these Rules of Conduct at any time.
         1. Rules Related to Usernames and Guild Designations.
 
            Each user will either select a character name or allow the Program to automatically select a character name at random. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you choose a character name, create a guild, or otherwise create a label that can be seen by other players using the Program, you must abide by the following guidelines as well as the rules of common decency. If Skyon 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 the Program.
 
            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 Skyon;
               2. That incorporates vulgar language or which are otherwise offensive, defamatory, 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. Taken from Mother products, including character names from the Mother series;
               8. Related to drugs, sex, alcohol, or criminal activity;
               9. Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
              10. Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
              11. Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
              12. That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
              13. That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "CorporalTed," or "GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al").
 
            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.
         2. Rules Related to "Chat" and Interaction With Other Users.
 
            Communicating with other Users and Skyon representatives is an integral part of the Program and is referred to in this document as "Chat." You understand that Skyon may record your chat sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by Skyon without notice to you. Additionally, you hereby acknowledge that Skyon is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in the Program, or otherwise utilizing the Program, you may not:
               1. Transmit or post any content or language which, in the sole and absolute discretion of Skyon, 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;
               2. Carry out any action with a disruptive effect, such as 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;
               3. 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 Saturn Valley Online universe;
               4. 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;
               5. Communicate or post any user's personal information in the Program, or on websites or forums related to the Program, except that a user may communicate his or her own personal information in a private message directed to a single user;
               6. Use bots or other automated techniques to collect information from the Program or any forum or website owned or administered by Skyon;
               7. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Program;
               8. Cheat or utilize "exploits" while playing the Program in any way, including without limitation modification of the Program’s files;
               9. Participate in any action that, in the sole and absolute opinion of Skyon, results or may result in an authorized user of the Program being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Program;
              10. Impersonate any real person, including without limitation any "game master" or any other Skyon agent, nor may you 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 Skyon agent.
              
         3. Rules Related to Game Play
 
            Game play is what Saturn Valley Online is all about, and Skyon strictly enforces the rules that govern game play. Skyon considers most conduct to be part of the Game, and not harassment, so player-killing, including camping, is considered a part of the Game. Because the Program is a "player vs. player" game, you should always remember to protect yourself in areas where the members can attack you, rather than contacting Skyon's in-game customer service representatives for help when you have been killed by an enemy. 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:
               1. Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
               2. Conduct prohibited by these Terms of Use, including without limitation that conduct prohibited by Section 2(C); and
               3. Anything that Skyon considers contrary to the "essence" of the Program.
   6.
      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. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Skyon by emailing svohelp@skyon.be.
   7.
      Skyon’s Absolute Right to Suspend, Terminate and/or Delete the Account.
      SKYON 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 this Terms of Use.
   8.
      Ownership/Selling of the Account or Virtual Items.
      Skyon 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. 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. Skyon 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.
   9.
      Changes to the Terms of Use Agreement or the Program.
      Skyon 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 Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without prior notice; provided, however, that material changes (as determined in Skyon’s sole and absolute discretion) will be disclosed as follows: Skyon will provide you with notification of any such changes to the Program through a patch process, or by email, 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 Program and the Account. Your continued use of the Program following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. Skyon may change, modify, suspend, or discontinue any aspect of the Program at any time. Skyon may also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
  10.
      Termination.
      This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting the Program.
  11.
      Warranty Disclaimer
      THE PROGRAM IS PROVIDED "AS IS" AND SKYON DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKYON 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.
  12.
      Limitation of Liability
      NEITHER SKYON 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 PROGRAM OR 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 SATURN VALLEY ONLINE; 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 SKYON BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
  13.
      Force Majeure
      Skyon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Skyon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Skyon'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.
  14.
      Acknowledgments.
      You hereby acknowledge and agree that:
         1. Skyon 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. Skyon may use or disclose your personal information if Skyon believes that doing so may protect your safety or the safety of others.
         4. SKYON MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
         5. 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.
  15.
      Equitable Remedies.
      In the event that you breach this Agreement, you hereby agree that Skyon would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Skyon 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 Skyon 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.
  17.
      Miscellaneous.
      If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Skyon concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Skyon. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
 
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE PROGRAM AND/OR THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
 
Copyright 2008 Skyon. All rights reserved.
 
Modified Version of the World Of Warcraft Terms of Use Agreement to reflect Skyon and Saturn Valley Online's rules.
Original version can be found here: http://www.worldofwarcraft.com/legal/termsofuse.html