Grant of a Limited License to Use the Service
Subject to your agreement to and continuing compliance with the Frozen Torch Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.
Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Frozen Torch’s copyrights in and to the Game. You agree that you will not, under any circumstances:
A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Rise of Champions experience;
B. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Frozen Torch; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
C. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Frozen Torch may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Frozen Torch;
E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Frozen Torch in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Frozen Torch;
G. violate any applicable law or regulation in connection with your use of the Game Client or the Service; or
H. 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 GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Frozen Torch or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Frozen Torch’s licensors may enforce their rights in the event of any violation of this Agreement.
No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A FROZEN TORCH SYSTEM, INCLUDING WITHOUT LIMITATION ANY RISE OF CHAMPIONS ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FROZEN TORCH.
Code of Conduct.
As with all things, your use of the Game is governed by certain rules. These rules (the “Rise of Champions Code of Conduct”), maintained and enforced exclusively by Frozen Torch, must be adhered to by all players. It is your responsibility to know, understand and abide by this Rise of Champions Code of Conduct. The following rules are not meant to be exhaustive, and Frozen Torch 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. Frozen Torch reserves the right to modify this Code of Conduct at any time.
A: Rules Related to Usernames and Guild Designations. Each user will either select a character name or allow the Service 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 Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Frozen Torch 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 Service. In particular, you may not use any name:
(i) Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Frozen Torch;
(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
(iv) That belongs to a popular culture figure, celebrity, or media personality;
(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
(vi) Belonging to any religious figure or deity;
(vii) Taken from Frozen Torch's Warcraft products, including character names from the Warcraft series of novels;
(viii) Related to drugs, sex, alcohol, or criminal activity;
(ix) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
(x) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
(xi) Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
(xii) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
(xiii) 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.
B. Rules Related to "Chat" and Interaction With Other Users. Communicating in-game with other Users and Frozen Torch representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not: (i) Transmit or post any content or language which, in the sole and absolute discretion of Frozen Torch, 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;
(ii) 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;
(iii) 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 Rise of Champions universe;
(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
(vii) Participate in any action that, in the sole and absolute opinion of Frozen Torch, results or may result in an authorized user of the Game being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Game;
(viii) Communicate directly with players who are playing characters aligned with the opposite faction (e.g. Horde communicating with Alliance or vice versa); or
(ix) Impersonate any real person, including without limitation any "game master" or any other Frozen Torch agent or employee, 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 Frozen Torch agent or employee.
(i) 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;
(iii) Anything that Frozen Torch considers contrary to the "essence" of the Game. Ownership/Selling of the Account or Virtual Items.
Frozen Torch does not recognize the transfer of Rise of Champions Accounts (each an “Account”). 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. Frozen Torch owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. Frozen Torch does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Game.
This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all Rise of Champions Accounts registered to you. 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 pre-purchased game access to Rise of Champions. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Frozen Torch may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
Limitation of Liability.
IN NO EVENT SHALL FROZEN TORCH, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Frozen Torch's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Frozen Torch during the six (6) months immediately prior to the time such claim arose.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FROZEN TORCH, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.
Frozen Torch shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Frozen Torch, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Frozen Torch'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.
You hereby acknowledge and agree that:
A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH RISE OF CHAMPIONS. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, FROZEN TORCH MAY (a) COMMUNICATE INFORMATION BACK TO FROZEN TORCH, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY FROZEN TORCH AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
B. WHEN THE GAME IS RUNNING, FROZEN TORCH MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY FROZEN TORCH AGREEMENT.
C. Frozen Torch may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Frozen Torch believes that doing so may protect your safety or the safety of others.
D. FROZEN TORCH MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Frozen Torch is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
E. 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 Frozen Torch would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Frozen Torch 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 Frozen Torch 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.