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Pantheon: Rise of the Fallen User Agreement
Date of Last Revision: July 29, 2024
IMPORTANT – PLEASE READ THE TERMS OF THIS PRE-RELEASE EVALUATION VERSION OF PANTHEON: RISE OF THE FALLEN USER AGREEMENT CAREFULLY.
Visionary Realms, Inc. offers to allow you to play the pre-release version of its multiplayer online computer game “Pantheon: Rise of the Fallen” conditioned upon your agreement to all the terms and conditions contained in this binding Agreement and your compliance with any other rules of conduct provided to you regarding the Game. By clicking the button below labeled “I Accept”, or by accessing or playing the Game, you are indicating your acceptance and agreement to all of the terms and conditions of this Agreement and any other rules of conduct provided to you regarding the Game. If you do not so agree, you will not be permitted to play the Game.
Visionary Realms may amend this Agreement at any time in its sole discretion by posting the amended Agreement on the Game website. Amendments to the Agreement will be effective seven (7) days after the amended Agreement is posted. Your use of the Game after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement periodically so you will be familiar with its content as amended from time to time. If at any point you do not agree with any portion of the then-current version of this Agreement or any other Visionary Realms policy, rules or codes of conduct, your license to use the Service (as defined below) shall immediately terminate, and you must immediately stop using the Service.
You hereby agree to the use of electronic communications in order to enter into this Agreement, to create other records and to the electronic delivery of notices, policies and records of transactions between you and Visionary Realms with respect to the Game and this Agreement. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
The following sets out the terms and conditions under which you may use the Game:
DESCRIPTION OF SERVICE
Visionary Realms is developing the Game and is making it available to a limited number of people for pre-release version testing. The Game is not yet complete and will change significantly over time. Visionary Realms is offering this version of the multiplayer online roleplaying Game through our website, currently at . You understand that the Game is being made available to you solely for testing purposes and acknowledge that the Game may have bugs and other imperfections and may not be complete. Additionally, you acknowledge that Visionary Realms may change any element of the Game, or the URL address of the Website, at any time during the pre-release period. To use the Service, you will need to install software which Visionary Realms makes available from the Website and via a patching utility. Anyone desiring to use the Service is required to establish an account with Visionary Realms . You may only establish an Account if you have been invited to participate in this pre-release testing by Visionary Realms. Visionary Realms does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Website located at is an active part of the Service and any use of the Website is governed by the same terms and conditions of this Agreement.
LICENSE TO USE
Subject to the terms of this Agreement, Visionary Realms grants to you, for your personal and testing use only, a non-exclusive, nontransferable (except as permitted in Section 4.1) license to use the Service, and a non-exclusive, nontransferable (except as permitted in Section 4.1) license to use the Software in connection with the Service, for a trial period solely during the pre-release term, as defined by Visionary Realms without charge. The pre-release period is subject to change with or without prior notice. You may not (a) sublicense, rent, lease, loan or otherwise transfer the Software for profit; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Visionary Realms.
OBLIGATION TO PROVIDE FEEDBACK
You hereby acknowledge and agree that the Game has been provided by Visionary Realms for the purposes of evaluation and testing. Accordingly, you agree to provide Visionary Realms any error reports or other comments, feedback, suggestions, and ideas you may at any time develop with respect to the Game. You also acknowledge and agree that any such comments, feedback, suggestions, ideas and/or error reports shall be considered Visionary Realms’ proprietary and Confidential Information, and shall be subject to all the terms and conditions of the confidentiality provision set forth in this Agreement. You hereby irrevocably transfer and assign to Visionary Realms (i) all patents, copyrights, trademarks, trade secrets and other intellectual property rights in any comment, feedback, suggestion, idea, error report or other materials you may submit to Visionary Realms with respect to the Game; and (ii) any and all "moral rights" that you may have in, or with respect to, any such materials.
ACCOUNT
Eligibility
Accounts are available only to individuals 18 years of age or older. By clicking the “I Accept” button you represent that you are an adult 18 years of age or older. Only one person may use an Account. You accept full responsibility for any unauthorized use of the Service by minors, including any use of your credit card or other payment instrument by minors. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement.If you are under the age of 13, you may not access or use the Service or the Game. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members". The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the 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.
Account ID | Message Board ID
At the time your Account is opened, you must choose a name to identify yourself to Visionary Realms staff. Your Account ID will be the name shown to other Members on the official Game message boards. You may not select as your Account ID a name which violates any third party’s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Visionary Realms, or which Visionary Realms deems in its sole discretion to be vulgar or otherwise offensive. Visionary Realms reserves the right, in its sole discretion, to (1) delete or alter any Account ID, or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. You are solely liable for all activities conducted through your Account or under your Account ID.
Account
By agreeing to this Agreement, you acknowledge that Visionary Realms is providing you access to the Service and that you do not own the Account you use to access the Service, the characters Visionary Realms stores on Visionary Realms Servers, the items stored on these Servers, or any other data included on the Servers and accounts. The Account you create is needed to login to the Service and the fee that you pay is to continue to access the Service.
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 and Account ID. At no time should you respond to an online request for a password. Visionary Realms 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. In the event you become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft or unauthorized disclosure of your password, you must notify Visionary Realms and modify your password.
Registration Obligations
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Visionary Realms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Visionary Realms has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
Forum Members
Members whose Accounts have been terminated by Visionary Realms may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Visionary Realms.
Related Accounts
If Visionary Realms terminates an Account, Visionary Realms may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
ACCOUNT FEES
During the pre-release period, you will not be charged by Visionary Realms to access and use the Game. Upon commercial release and after any pledge related play credits expire, as a Member, you agree to pay Visionary Realms’ then-current and applicable subscription fees (as listed on the Website) for the Service. You will not be charged any Account fees if you cancel your Account at the conclusion of the beta period and before any pledge related play credits expire. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR UNAVAILABILITY OF SERVICE. WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD ON A RECURRING BASIS FOR APPLICABLE ACCOUNT FEES, PLUS ANY APPLICABLE TAXES WE ARE REQUIRED TO COLLECT, AND YOU AUTHORIZE US TO DO SO. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. You agree that we may suspend your access to the Service if, at any time, you have not paid all fees that you owe to us, including remaining recurring pledge fees due for payment plans that allow pre-release access. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. By paying by credit card, you represent to Visionary Realms that you are the authorized user of the credit card used to pay the Account fee. You agree to promptly notify Visionary Realms of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Visionary Realms if your credit card expires or is cancelled for any reason. Visionary Realms reserves the right to change our prices, fees, or billing methods at any time.
CONTENT AND MEMBER CONDUCT<
Content
You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video, and voice and text chat (collectively, “Content”), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers, Content Providers.
Content Screening
Visionary Realms assumes no responsibility for the conduct of any Content Provider, and assumes no responsibility for monitoring the Service for inappropriate Content or conduct. Visionary Realms does not, and cannot, pre-screen or monitor all Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text or voice chat) when you are using the Service. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring and recording. If at any time Visionary Realms chooses, in its sole discretion, to monitor the Service, Visionary Realms nonetheless assumes no responsibility for Content and assumes no obligation to modify or remove any inappropriate Content. Visionary Realms has the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
Rights in Content
You acknowledge that Visionary Realms and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Game.
Member Content
Members can upload Content to our Servers in various forms, such as in selections you make for the Game and in bulletin boards and similar user-to-user areas. You are solely responsible for the information and Content that you post on, through or in connection with the Service and that you provide to others. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Visionary Realms the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Member Content, including without limitation chat text or voice communications. In addition, Visionary Realms is not responsible for a Member’s misuse or misappropriation of any Content or information you post in any forums, blogs and chat rooms.
Virtual Items
Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any virtual items, spells, or abilities appearing or originating in the Game, or any other attributes associated with an Account or stored on the Service. Visionary Realms prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service. Accordingly, you may not trade, sell or attempt to sell in-game items or exchange those items for value of any kind outside of the Game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Member Conduct
Any use of the Service in violation of these limitations set out in this section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. Visionary Realms reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of this Agreement or the Game itself. Visionary Realms reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service. Such actionable violations are set forth in the following rules where you agree that you will not, under any circumstances: (a) engage in any act that Visionary Realms deems to be in conflict with the spirit or intent of the Game or Service; (b) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to modify or interfere with the Game or Service, or without Visionary Realms’ express written consent, modify or cause to be modified any files that are a part of the Game or Service; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Game or Service; (d) institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service or Game, or other attempts to disrupt the Service or Game or any other person’s use or enjoyment of the Service or Game; (e) attempt to gain unauthorized access to the Game, Service, or Accounts registered to other users, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Visionary Realms, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service or Game; (f) post any content or information that is: abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by Visionary Realms; (g) attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, Visionary Realms employees; (h) make available through the Service or Game any material or information or Content that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; (i) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or Game, or to obtain any information from the Service or Game using any method not expressly permitted by Visionary Realms; (j) solicit or attempt to solicit personal information from other users of the Service or Game, or collect or post anyone’s private information, including but not limited to, personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service; (k) use the Service or Game in any way that could be considered illegal or immoral; (l) breach any technology control or export laws and regulations that apply to the technology used or supported by the Service or Game; (m) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam,” “chain letters”, “pyramid schemes”, or any other form of solicitation; or (n) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Service or Game (including your Account), or access to or use of the Service or Game.
Interactions with other Members
You are solely responsible for your interactions with other Members of the Service and Game, and any other parties with whom you interact through the Service and Game. Visionary Realms reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Visionary Realms to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Visionary Realms access to any password-protected portions of your Account. If you have a dispute with one or more Members, you release Visionary Realms, (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Collection of Data
Visionary Realms may, from time to time, collect statistics and information regarding your use of the Game and Service (“Usage Data”). All Usage Data is owned and will be retained by Visionary Realms, and may be used by Visionary Realms without restriction. You hereby consent to Visionary Realms’ collection and use of Usage Data.
OFFICIAL SERVICE
Visionary Realms has designed the Game for play only as offered by Visionary Realms at the Website. You agree to play the Game only as offered by Visionary Realms at the Website and not through any other means. You further agree not to create or provide any other means through which the Game may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
PRIVACY
Our privacy policy, which covers the usage and protection of your personal information, is published on the Website, currently at and is incorporated herein by this reference. You understand that your Account ID, name and profile picture may be publicly available and that search engines may index your name and profile photo.
In addition, your in-game activity, username, and/or game avatar may be logged, recorded or monitored for debugging, customer service functions, application development data, or promotional materials.
CONFIDENTIALITY
Definition of Confidential Information
As used herein, means all confidential information disclosed by a party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Visionary Realms Confidential Information will include the Game, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Visionary Realms. However, Confidential Information will not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information
The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and will not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement. Neither party will disclose the terms of this Agreement to any third party other than its affiliates and their legal counsel and accountants without the other party’s prior written consent.
Compelled Disclosure
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
PARENTAL GUIDANCE
While Visionary Realms may choose to monitor and take action upon inappropriate game play, 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. Visionary Realms cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Visionary Realms does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.</indent>
INTERRUPTION OF SERVICE
Visionary Realms 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 and/or updates or upgrades. You acknowledge that the Service may be interrupted for reasons beyond the control of Visionary Realms, and Visionary Realms cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Visionary Realms shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. Visionary Realms shall not be obligated to refund all or any portion of any Account fee by reason of any interruption of the Service by reason of any of the circumstances described in this Section 12.
DISCLAIMER OF WARRANTY
VISIONARY REALMS PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or the Game. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT OF VISIONARY REALMS’ LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO VISIONARY REALMS. IN NO EVENT SHALL VISIONARY REALMS OR ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT VISIONARY REALMS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Visionary Realms’ liability to you shall be limited to the maximum extent permitted by law. You agree that Visionary Realms cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service, including without limitation, the conduct of third parties such as users of the Service and operators of external sites.
INDEMNIFICATION
At Visionary Realms’ request, you agree to defend, indemnify and hold harmless (a) Visionary Realms, (b) its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, (c) their licensees, distributors, Content Providers, and (d) other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys’ fees and costs, arising from or related, directly or indirectly, to any use or misuse of the Service or breach of this Agreement by you.
TERMINATION
We 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, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as described in any applicable rules of conduct. Visionary Realms reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. If Visionary Realms terminates this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. You agree that if the Service or your Account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.
GENERAL PROVISIONS
Visionary Realms may publish additional policies related to specific opportunities or services, such as Visionary Realms’ pledge program, the specific terms of which are available at . Your right to such opportunities or services is subject to those specific policies and this Agreement. This Agreement is governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to comply fully with all relevant export laws and regulations of the United States Export Laws to assure that neither the Software nor the Service is exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Visionary Realms shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Visionary Realms. All notices given by you or required under this Agreement shall be emailed to
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF JURY TRIAL
Please read this Arbitration Agreement carefully. It is part of your contract with Visionary Realms and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of the Game or Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Visionary Realms, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Visionary Realms should be sent to: 7668 El Camino Real, Suite 104-341, Carlsbad, CA 92009 and . After the Notice is received, you and Visionary Realms may attempt to resolve the claim or dispute informally. If you and Visionary Realms do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Agreement, including the notice requirement set forth in Section 18.2, Visionary Realms shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the company will reimburse your attorney’s fees.
Additional Rules for Non-appearance Based Arbitration
If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits
If you or Visionary Realms pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Visionary Realms, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Visionary Realms.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Visionary Realms in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VISIONARY REALMS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
<30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 7668 El Camino Real, Suite 104-341, Carlsbad, CA 92009 and via email to , within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter into the future, with us.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Survival of Arbitration Agreement
This Arbitration Agreement will survive the termination of your relationship with Visionary Realms.
Small Claims Court
Notwithstanding the foregoing, either you or Visionary Realms may bring an individual action in small claims court.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts
In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Diego County, California, for such purpose.</indent>
MISCELLANEOUS TERMS
Testing Hours
The game servers are available on a schedule to be determined at the sole discretion of Visionary Realms. The schedule may be altered or canceled at any time. Visionary Realms is not responsible for accommodating your individual availability.
Live Support
Visionary Realms, at its discretion, may, but is not obligated to, provide in-game support during testing hours. However, the Game, the Realms, and any in-game support, may not be available at all (or any) times, and are not subject to any service level agreement or commitments.
Date of Last Revision: July 29, 2024
IMPORTANT – PLEASE READ THE TERMS OF THIS PRE-RELEASE EVALUATION VERSION OF PANTHEON: RISE OF THE FALLEN USER AGREEMENT CAREFULLY.
Visionary Realms, Inc. offers to allow you to play the pre-release version of its multiplayer online computer game “Pantheon: Rise of the Fallen” conditioned upon your agreement to all the terms and conditions contained in this binding Agreement and your compliance with any other rules of conduct provided to you regarding the Game. By clicking the button below labeled “I Accept”, or by accessing or playing the Game, you are indicating your acceptance and agreement to all of the terms and conditions of this Agreement and any other rules of conduct provided to you regarding the Game. If you do not so agree, you will not be permitted to play the Game.
Visionary Realms may amend this Agreement at any time in its sole discretion by posting the amended Agreement on the Game website. Amendments to the Agreement will be effective seven (7) days after the amended Agreement is posted. Your use of the Game after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement periodically so you will be familiar with its content as amended from time to time. If at any point you do not agree with any portion of the then-current version of this Agreement or any other Visionary Realms policy, rules or codes of conduct, your license to use the Service (as defined below) shall immediately terminate, and you must immediately stop using the Service.
You hereby agree to the use of electronic communications in order to enter into this Agreement, to create other records and to the electronic delivery of notices, policies and records of transactions between you and Visionary Realms with respect to the Game and this Agreement. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
The following sets out the terms and conditions under which you may use the Game:
DESCRIPTION OF SERVICE
Visionary Realms is developing the Game and is making it available to a limited number of people for pre-release version testing. The Game is not yet complete and will change significantly over time. Visionary Realms is offering this version of the multiplayer online roleplaying Game through our website, currently at . You understand that the Game is being made available to you solely for testing purposes and acknowledge that the Game may have bugs and other imperfections and may not be complete. Additionally, you acknowledge that Visionary Realms may change any element of the Game, or the URL address of the Website, at any time during the pre-release period. To use the Service, you will need to install software which Visionary Realms makes available from the Website and via a patching utility. Anyone desiring to use the Service is required to establish an account with Visionary Realms . You may only establish an Account if you have been invited to participate in this pre-release testing by Visionary Realms. Visionary Realms does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Website located at is an active part of the Service and any use of the Website is governed by the same terms and conditions of this Agreement.
LICENSE TO USE
Subject to the terms of this Agreement, Visionary Realms grants to you, for your personal and testing use only, a non-exclusive, nontransferable (except as permitted in Section 4.1) license to use the Service, and a non-exclusive, nontransferable (except as permitted in Section 4.1) license to use the Software in connection with the Service, for a trial period solely during the pre-release term, as defined by Visionary Realms without charge. The pre-release period is subject to change with or without prior notice. You may not (a) sublicense, rent, lease, loan or otherwise transfer the Software for profit; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Visionary Realms.
OBLIGATION TO PROVIDE FEEDBACK
You hereby acknowledge and agree that the Game has been provided by Visionary Realms for the purposes of evaluation and testing. Accordingly, you agree to provide Visionary Realms any error reports or other comments, feedback, suggestions, and ideas you may at any time develop with respect to the Game. You also acknowledge and agree that any such comments, feedback, suggestions, ideas and/or error reports shall be considered Visionary Realms’ proprietary and Confidential Information, and shall be subject to all the terms and conditions of the confidentiality provision set forth in this Agreement. You hereby irrevocably transfer and assign to Visionary Realms (i) all patents, copyrights, trademarks, trade secrets and other intellectual property rights in any comment, feedback, suggestion, idea, error report or other materials you may submit to Visionary Realms with respect to the Game; and (ii) any and all "moral rights" that you may have in, or with respect to, any such materials.
ACCOUNT
Eligibility
Accounts are available only to individuals 18 years of age or older. By clicking the “I Accept” button you represent that you are an adult 18 years of age or older. Only one person may use an Account. You accept full responsibility for any unauthorized use of the Service by minors, including any use of your credit card or other payment instrument by minors. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement.If you are under the age of 13, you may not access or use the Service or the Game. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members". The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the 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.
Account ID | Message Board ID
At the time your Account is opened, you must choose a name to identify yourself to Visionary Realms staff. Your Account ID will be the name shown to other Members on the official Game message boards. You may not select as your Account ID a name which violates any third party’s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Visionary Realms, or which Visionary Realms deems in its sole discretion to be vulgar or otherwise offensive. Visionary Realms reserves the right, in its sole discretion, to (1) delete or alter any Account ID, or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. You are solely liable for all activities conducted through your Account or under your Account ID.
Account
By agreeing to this Agreement, you acknowledge that Visionary Realms is providing you access to the Service and that you do not own the Account you use to access the Service, the characters Visionary Realms stores on Visionary Realms Servers, the items stored on these Servers, or any other data included on the Servers and accounts. The Account you create is needed to login to the Service and the fee that you pay is to continue to access the Service.
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 and Account ID. At no time should you respond to an online request for a password. Visionary Realms 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. In the event you become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft or unauthorized disclosure of your password, you must notify Visionary Realms and modify your password.
Registration Obligations
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Visionary Realms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Visionary Realms has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
Forum Members
Members whose Accounts have been terminated by Visionary Realms may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Visionary Realms.
Related Accounts
If Visionary Realms terminates an Account, Visionary Realms may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
ACCOUNT FEES
During the pre-release period, you will not be charged by Visionary Realms to access and use the Game. Upon commercial release and after any pledge related play credits expire, as a Member, you agree to pay Visionary Realms’ then-current and applicable subscription fees (as listed on the Website) for the Service. You will not be charged any Account fees if you cancel your Account at the conclusion of the beta period and before any pledge related play credits expire. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR UNAVAILABILITY OF SERVICE. WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD ON A RECURRING BASIS FOR APPLICABLE ACCOUNT FEES, PLUS ANY APPLICABLE TAXES WE ARE REQUIRED TO COLLECT, AND YOU AUTHORIZE US TO DO SO. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. You agree that we may suspend your access to the Service if, at any time, you have not paid all fees that you owe to us, including remaining recurring pledge fees due for payment plans that allow pre-release access. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. By paying by credit card, you represent to Visionary Realms that you are the authorized user of the credit card used to pay the Account fee. You agree to promptly notify Visionary Realms of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Visionary Realms if your credit card expires or is cancelled for any reason. Visionary Realms reserves the right to change our prices, fees, or billing methods at any time.
CONTENT AND MEMBER CONDUCT<
Content
You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video, and voice and text chat (collectively, “Content”), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers, Content Providers.
Content Screening
Visionary Realms assumes no responsibility for the conduct of any Content Provider, and assumes no responsibility for monitoring the Service for inappropriate Content or conduct. Visionary Realms does not, and cannot, pre-screen or monitor all Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text or voice chat) when you are using the Service. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring and recording. If at any time Visionary Realms chooses, in its sole discretion, to monitor the Service, Visionary Realms nonetheless assumes no responsibility for Content and assumes no obligation to modify or remove any inappropriate Content. Visionary Realms has the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
Rights in Content
You acknowledge that Visionary Realms and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Game.
Member Content
Members can upload Content to our Servers in various forms, such as in selections you make for the Game and in bulletin boards and similar user-to-user areas. You are solely responsible for the information and Content that you post on, through or in connection with the Service and that you provide to others. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Visionary Realms the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Member Content, including without limitation chat text or voice communications. In addition, Visionary Realms is not responsible for a Member’s misuse or misappropriation of any Content or information you post in any forums, blogs and chat rooms.
Virtual Items
Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any virtual items, spells, or abilities appearing or originating in the Game, or any other attributes associated with an Account or stored on the Service. Visionary Realms prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service. Accordingly, you may not trade, sell or attempt to sell in-game items or exchange those items for value of any kind outside of the Game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Member Conduct
Any use of the Service in violation of these limitations set out in this section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. Visionary Realms reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of this Agreement or the Game itself. Visionary Realms reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service. Such actionable violations are set forth in the following rules where you agree that you will not, under any circumstances: (a) engage in any act that Visionary Realms deems to be in conflict with the spirit or intent of the Game or Service; (b) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to modify or interfere with the Game or Service, or without Visionary Realms’ express written consent, modify or cause to be modified any files that are a part of the Game or Service; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Game or Service; (d) institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service or Game, or other attempts to disrupt the Service or Game or any other person’s use or enjoyment of the Service or Game; (e) attempt to gain unauthorized access to the Game, Service, or Accounts registered to other users, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Visionary Realms, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service or Game; (f) post any content or information that is: abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by Visionary Realms; (g) attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, Visionary Realms employees; (h) make available through the Service or Game any material or information or Content that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; (i) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or Game, or to obtain any information from the Service or Game using any method not expressly permitted by Visionary Realms; (j) solicit or attempt to solicit personal information from other users of the Service or Game, or collect or post anyone’s private information, including but not limited to, personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service; (k) use the Service or Game in any way that could be considered illegal or immoral; (l) breach any technology control or export laws and regulations that apply to the technology used or supported by the Service or Game; (m) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam,” “chain letters”, “pyramid schemes”, or any other form of solicitation; or (n) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Service or Game (including your Account), or access to or use of the Service or Game.
Interactions with other Members
You are solely responsible for your interactions with other Members of the Service and Game, and any other parties with whom you interact through the Service and Game. Visionary Realms reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Visionary Realms to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Visionary Realms access to any password-protected portions of your Account. If you have a dispute with one or more Members, you release Visionary Realms, (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Collection of Data
Visionary Realms may, from time to time, collect statistics and information regarding your use of the Game and Service (“Usage Data”). All Usage Data is owned and will be retained by Visionary Realms, and may be used by Visionary Realms without restriction. You hereby consent to Visionary Realms’ collection and use of Usage Data.
OFFICIAL SERVICE
Visionary Realms has designed the Game for play only as offered by Visionary Realms at the Website. You agree to play the Game only as offered by Visionary Realms at the Website and not through any other means. You further agree not to create or provide any other means through which the Game may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
PRIVACY
Our privacy policy, which covers the usage and protection of your personal information, is published on the Website, currently at and is incorporated herein by this reference. You understand that your Account ID, name and profile picture may be publicly available and that search engines may index your name and profile photo.
In addition, your in-game activity, username, and/or game avatar may be logged, recorded or monitored for debugging, customer service functions, application development data, or promotional materials.
CONFIDENTIALITY
Definition of Confidential Information
As used herein, means all confidential information disclosed by a party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Visionary Realms Confidential Information will include the Game, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Visionary Realms. However, Confidential Information will not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information
The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and will not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement. Neither party will disclose the terms of this Agreement to any third party other than its affiliates and their legal counsel and accountants without the other party’s prior written consent.
Compelled Disclosure
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
PARENTAL GUIDANCE
While Visionary Realms may choose to monitor and take action upon inappropriate game play, 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. Visionary Realms cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Visionary Realms does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.</indent>
INTERRUPTION OF SERVICE
Visionary Realms 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 and/or updates or upgrades. You acknowledge that the Service may be interrupted for reasons beyond the control of Visionary Realms, and Visionary Realms cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Visionary Realms shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. Visionary Realms shall not be obligated to refund all or any portion of any Account fee by reason of any interruption of the Service by reason of any of the circumstances described in this Section 12.
DISCLAIMER OF WARRANTY
VISIONARY REALMS PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or the Game. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT OF VISIONARY REALMS’ LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO VISIONARY REALMS. IN NO EVENT SHALL VISIONARY REALMS OR ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT VISIONARY REALMS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Visionary Realms’ liability to you shall be limited to the maximum extent permitted by law. You agree that Visionary Realms cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service, including without limitation, the conduct of third parties such as users of the Service and operators of external sites.
INDEMNIFICATION
At Visionary Realms’ request, you agree to defend, indemnify and hold harmless (a) Visionary Realms, (b) its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, (c) their licensees, distributors, Content Providers, and (d) other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys’ fees and costs, arising from or related, directly or indirectly, to any use or misuse of the Service or breach of this Agreement by you.
TERMINATION
We 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, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as described in any applicable rules of conduct. Visionary Realms reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. If Visionary Realms terminates this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. You agree that if the Service or your Account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.
GENERAL PROVISIONS
Visionary Realms may publish additional policies related to specific opportunities or services, such as Visionary Realms’ pledge program, the specific terms of which are available at . Your right to such opportunities or services is subject to those specific policies and this Agreement. This Agreement is governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to comply fully with all relevant export laws and regulations of the United States Export Laws to assure that neither the Software nor the Service is exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Visionary Realms shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Visionary Realms. All notices given by you or required under this Agreement shall be emailed to
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF JURY TRIAL
Please read this Arbitration Agreement carefully. It is part of your contract with Visionary Realms and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of the Game or Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Visionary Realms, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Visionary Realms should be sent to: 7668 El Camino Real, Suite 104-341, Carlsbad, CA 92009 and . After the Notice is received, you and Visionary Realms may attempt to resolve the claim or dispute informally. If you and Visionary Realms do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Agreement, including the notice requirement set forth in Section 18.2, Visionary Realms shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the company will reimburse your attorney’s fees.
Additional Rules for Non-appearance Based Arbitration
If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits
If you or Visionary Realms pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Visionary Realms, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Visionary Realms.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Visionary Realms in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VISIONARY REALMS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
<30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 7668 El Camino Real, Suite 104-341, Carlsbad, CA 92009 and via email to , within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter into the future, with us.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Survival of Arbitration Agreement
This Arbitration Agreement will survive the termination of your relationship with Visionary Realms.
Small Claims Court
Notwithstanding the foregoing, either you or Visionary Realms may bring an individual action in small claims court.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts
In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Diego County, California, for such purpose.</indent>
MISCELLANEOUS TERMS
Testing Hours
The game servers are available on a schedule to be determined at the sole discretion of Visionary Realms. The schedule may be altered or canceled at any time. Visionary Realms is not responsible for accommodating your individual availability.
Live Support
Visionary Realms, at its discretion, may, but is not obligated to, provide in-game support during testing hours. However, the Game, the Realms, and any in-game support, may not be available at all (or any) times, and are not subject to any service level agreement or commitments.