We publish our Standards of Service as an easy to read, plain-English frequently asked questions on the how, why, and wherefore of our customer service, and what you can expect from us when you purchase our products or services.
TERMS OF AGREEMENT
THIS TERMS OF AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH International Gaming Network (IGCN) OFFERS TO ALLOW YOU TO USE ITS SERVER EMULATOR ("THE SERVER FILES" OR "Server Files") CONDITIONED ON YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOUR COMPLIANCE WITH THE POSTED RULES OF CONDUCT.
BY BECOMING IGCN USER or CUSTOMER, INSTALLING, COPYING, OR OTHERWISE USING THE SERVER FILES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE LEAVE THIS PAGE AND DO NOT USE OR ACCESS OUR SERVICES.
1) "Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Server Files or Technical Information.
2) "Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Server Files and the installation, operation, maintenance, service and use thereof.
3) "End Users" shall mean the users of the Server Files through service system established and operated with individually assigned ID numbers for each End User.
4) "Service" word used around the board shall mean issue of the files as a 'thank you' for given help to IGCN.
5) Stated in point '4' "Help" word shall mean DONATION made in proposed amount for IGCN Development Group.
6) Vocabulary used, suggesting sales were used for easy understanding by the potential recipient. In fact it is a voluntary donation to the IGCN Group, for which IGCN group in thanks to the person concerned makes available the results of their work in the form of Server Files.
This User agreement (the "Agreement") comprises the entire agreement between IGCN and the User, and supersedes any prior agreements between the User and IGCN with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by IGCN and/or which may apply when using third party content or services. IGCN may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the IGCN web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
DESCRIPTION OF SERVICE
IGCN offers Server Files as an emulator for the online fantasy role-playing game (the "Service"). Through the internet at "http://community.igcn.mu" (the "Web Site"). IGCN reserves the right to change the URL address of the Web Site at any time and from time to time. Anyone desiring to use the Service is required to establish an account with IGCN (the "Account"). IGCN does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at http://community.igcn.mu is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.
USER'S OBLIGATIONS AND RESPONSIBILITIES
In order to use the Service, you are required to complete a registration form containing your first and last name, e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your account, as required. If any information provided is not true, accurate, current or complete, or IGCN has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then IGCN shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.
You acknowledge that IGCN reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by IGCN, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify IGCN if you believe that the security of your password has been compromised. You acknowledge that IGCN does not protect you from the unauthorized use of your password.
1) Eligibility. Accounts are available only to individuals 13 years of age or older. If you are under the age of 13, you may not create an account on the Sites, you may not sign up or buy any subscription or service, and you are not eligible to enter any of our sweepstakes or promotions.
Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button you represent that you are a 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
Except as may be required by law, IGCN will not knowingly collect, maintain, or disclose any personal information from children under the age of 13.
2) Account ID. At the time your Account is opened, you must choose a name to identify yourself to IGCN staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which IGCN deems in its discretion to be vulgar or otherwise offensive. IGCN reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
3) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. IGCN will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
4) The Account and assigned products can be used by the rightful Member only. It is not subject to re-sale, transfer, nor access share to any third party person or legal body under termination rigor.
5) Former Members. Members whose Accounts have been terminated by IGCN may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of IGCN.
CHARGES FOR SERVICE
1) General Charges. Current fees for using the Service are published in the billing section of the Web Site. All fees are stated in U.S. Dollars. IGCN may change its fees and billing methods at any time. All changes will be posted on the Web Site and you are responsible for reviewing the billing section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 8. Your continued use of the Service will mean you accept such change. PAYMENTS ARE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the Web Site. If your use of the Service is subject to use or sales tax then IGCN may also charge you for any such taxes, which will be in addition to the rates and charges published in the billing section of the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
2) Payment by PayPal. If you pay for the Service by PayPal, you represent to IGCN that you are the authorized user of the PayPal account used to pay Service charges and You agree and reaffirm that IGCN is authorized to charge your PayPal Account.
You agree to indemnify, defend and hold harmless to IGCN and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. IGCN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Either you or IGCN may terminate your Account at any time without further obligation to the other. Further, IGCN reserves the right to terminate the Service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following:
1) You will not be entitled to any refund or proration of the Service given
2) You may not access the service in any manner or for any reason, including via any other account. in the event that an account is terminated, IGCN may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account;
3) IGCN may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of using Server Files as described in the Account Policy. If we terminate this Agreement under any circumstances, you will lose access to your Account and Service without any refund.
Parents may find it inappropriate for use by persons under the age of 13. While IGCN may choose to monitor and take action upon inappropriate chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. IGCN cannot ensure that other users will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. IGCN does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
Including but not limited to, all communication features of IGCN contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Server Files and the entire contents of IGCN that we claim to be our own, and each area contained therein, are copyrighted as a collective work and exclusively owned and licensed by IGCN and protected by the copyright laws of the United Kingdom, international copyright treaties and conventions, and other laws. All rights are reserved.
IGCN owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Server Files, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on IGCN (including, without limitation, content that the Website enables you to download) without the express written permission of IGCN and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from IGCN is allowed by the user expressly for the user's own personal use.
User acknowledges that IGCN and/or third-party content providers remain the owners of all materials posted on IGCN, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the Account granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Server Files Client and the Manuals for archival purposes only.
LIMITATION OF LIABILITY
USER ACKNOWLEDGES THAT IGCN SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY IGCN OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. IGCN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY IGCN.
YOU AGREE THAT IGCN CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING, SUBSCRIBING TO, OR USING THE Server Files SERVICE, OR MAKING A PERSONAL PROFIT FROM THEM.
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
DISCLAIMER OF WARRANTIES
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not IGCN assume the entire cost of any service and repair. In addition, the security mechanisms implemented by IGCN Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the Agreement.
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IGCN AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. IGCN AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IGCN AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. IGCN MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IGCN OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT
Subject to the Terms of Agreements herein, User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. IGCN reserves the right to terminate the User's usership if it determines, in its sole discretion, which the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsections below provides examples of unacceptable conduct, which list is not exhaustive, and IGCN reserves the right, but not the responsibility, to restrict conduct which IGCN deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of IGCN's or any third party's rights. IGCN may prohibit or delete conduct, communication or content transmitted on IGCN services that are deemed to be in violation of applicable laws or is harmful to other users, the IGCN service community or the rights of IGCN in general. User acknowledges, however, that communication over the Services often occurs in real-time and IGCN cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO
1) Use of illegal automated programs, Scripts, and Computers. The use of any illegal automated program (Ex. 3rd party bot) or system, devices, computers, or scripts on Server Files is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse. Violators will be prosecuted to the full extent of applicable law and may also liable for the punitive damage. IGCN may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions made by IGCN are final.
2) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. IGCN does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
3) Post or transmit sexually explicit images, or point or reference to such images. IGCN prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
4) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently banned from bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
5) Impersonate any person, including, but not limited to, IGCN's employees, monitors or hosts. User shall not hold him or her out or portray himself or herself as a IGCN staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of IGCN staff shall be grounds for immediate account termination.
6) Engage in "disruptive behavior" in chat areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
7) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
8) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. IGCN services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use IGCN services to collect or "harvest" user names without the express permission of those users. IGCN reserves the right to block and/or filter mass email solicitations on or through the service.
9) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider.
10) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
11) Modify any files that IGCN does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's usership and possible civil and/or criminal liability.
INTERRUPTION OF SERVICE
1) IGCN reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
2) You acknowledge that the Service may be interrupted for reasons beyond the control of IGCN, and IGCN cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. IGCN shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
YOU AGREE THAT YOU WILL NOT TAKE ADVANTAGE, OR SHARE THE KNOWLEDGE, OF ANY FOUND "HOLES" IN THE FILES SECURITY, AND BY DOING SO IT WILL RESULT IN YOUR ACCOUNT AND LICENCE BANNING. YOU AGREE THAT YOU WILL IMMEDIATELY INFORM IGCN STAFF OF ANY FOUND LEAKS OR BREAKS IN THE SECURITY OF THE SERVER FILES SUPPLIED TO YOU.
The End User understands that in the event of legal action, all applications must be directed to the competent court in the United Kingdom
The failure of IGCN or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online agreement between you, IGCN and/or the Service Provider Customer constitute the entire and only agreement.
4) You may not sell, transfer, nor share your account with any third party person or legal body under