Terms of Service
The following are the Terms of Service ("Terms") that will govern your use of our website at www.lusternia.com, and any services provided via it or the telnet-accessible multi-user game, Lusternia, Age of Ascension.
1. Our Services. Lusternia is a multiplayer, Internet-based, persistent game that allows you to assume a fictional persona ("Character") and participate in the provided world, plots, and other in-game activities. There is also a website closely tied to the game. (collectively, "Services").
2. Access. In order to access our Services, you must have access to a functioning Internet connection. Lusternia reserves the right to ban any portion of the Internet at its sole discretion. You must be at least 13 years of age to use our services.
3. Registration. If you accept the Terms, Lusternia LLC ("the Company") will request that you fill out a registration form in order to identify yourself. You agree that the information you place in the registration form is at all times true, accurate, current, and complete, and you further agree to maintain that information as such, by updating the data as necessary. You will then be asked to choose a character name ("Character ID"). You are not permitted to select any name that violates a third party's copyright, trademark right, or other proprietary right, or which the Company determines to be vulgar or offensive. Said determination will be made solely at the Company's discretion. The Company reserves the right to require you to change any Character ID we deem offensive or vulgar, to change your Character ID for you, or to delete your character. If your representations are found to be false, or the Company has reasonable grounds to suspect the representations are, the Company has the right upon notice to suspend or terminate your license and this agreement, and to refuse and block your current or future use of these Services. You will also be asked to choose a password ("Password"). It is recommended that the User choose a password consisting of both letters and numbers, and avoid anything a third party might be able to guess. User shall be solely responsible for maintaining the confidentiality of the Password and shall be liable for any damages resulting from disclosing or allowing disclosure of such Password or from the use, authorized or unauthorized, by any person of such Password to gain access to User's Character.
4. License. Subject to all of the Terms, the Company hereby grants you a personal, non-exclusive, non-transferable license to access the Services and to use the Services solely for your personal entertainment purposes. You may not use the Services to generate revenue for yourself or any third party, in any way, without prior written permission from the Company.
5. Conduct Deemed Unacceptable. 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. The Company reserves the right to terminate User's license and Character if it determines, in its sole discretion, that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsections (a) through (f) below provides a few examples of unacceptable conduct. This list is by no means exhaustive, and the Company reserves the right, but not the responsibility, to restrict the capability to perform acts or series of acts which the Company deems, in its sole discretion, to be harmful to individual users, damaging to the Services provided, or in violation of the Company's or any third party's rights. The Company reserves the right to prohibit or delete characters, or to ban users from the Services, or to delete or alter any communication deemed likely to harm individual users, or the Services. The Company explicitly declaims responsibility for screening communications in advance. Examples of unacceptable conduct are, but are not limited to:
a. Impersonating any other person while using the services.
b. Creating or providing any other means through which the Services may be used by anyone besides you (for instance, a server emulator).
c. Posting, uploading, e-mailing, messaging, or otherwise communicating or transmitting through the Services, any material that (i) You lack a right to communicate or transmit under any law or contractual, ethical, or fiduciary relationship. (ii) Infringes any copyright, patent, trademark, proprietary secret. (iii) Is unsolicited or unauthorized promotion, solicitation, advertising, junk mail, ponzi or pyramid schemes, or other communication that may be damaging to the credibility of the Services, (iv) Contains or triggers any software viruses or other computer files, code, or hardware designed to destroy, interrupt, or limit the functionality of any telecommunications equipment, computer hardware, computer software, or any electrical appliance or circuit. (v) Exhibits or condones racism, sexism, or homophobia, or is ethnically offensive, or is libelous, obscene, vulgar, or defamatory.
d. Violating intentionally or unintentionally any applicable law or regulation, whether local, state, federal, or international.
e. Engaging in any behavior intended to damage the Company, or its Services.
f. Engaging in any unacceptable harassment, as determined solely by the Company, of another user of the Services.
g. Transfer to any other person, or assist in the using of, any Character or license which you did not create or open.
6. Content and Content Ownership. The nature of the Services, especially the games portion, is interactive. There exist opportunities to submit a variety of your writings, graphics, art, ideas, text, and other creative or productive products while participating in the Services ("User Content"). When you submit any User Content, you represent and warrant that (i) You have the right to post your User Content. (ii) Your posting of the User Content does not violate anyone else's legal rights. (iii) The User Content will not cause harm to the Services or individual users of the Services. You hereby grant the Company a royalty-free, perpetual, non-exclusive, sub-licensable, worldwide, irrevocable license to use, alter, publish, distribute, display, or perform any of your User Content in any and all media currently known, or developed in or discovered in the future. You further agree that the Services are composed of software object code, software source code, writings, files, logs, graphics, and other materials owned by the Company. You agree never to interfere with any proprietary rights, copyrights, or trademarks of the Company or any of its licensors. You agree that all data associated with the Services and residing on the Company's servers is owned exclusively by the Company.
7. Character Security. The Company disclaims all responsibility for character security. The User hereby agrees to be completely and fully responsible for maintaining the security of his or her password.
8. Privacy. We reserve the right to monitor, preserve, or disclose any and all communications made or received by you while accessing or using the Services. The Company disclaims responsibility for ensuring that communications are kept private from third-party snoopers, packet sniffers and any other method of intercepting communications. You acknowledge that the Company reserves the right, but not the responsibility, to inform law enforcement authorities of any actions illegal in the opinion of the Company. The Company will fully cooperate with law enforcement authorities in any related investigation.
9. Credits. Credits are in-game tokens purchaseable from our website, at www.lusternia.com/credits.php. You hereby agree that the chosen character's reception of credits purchased from the Company concludes the transaction, and that the Company has no further obligation to the User except as provided for under this agreement. The User hereby agrees that the purchase of credits from the Company does not constitute an investment of any kind. The User acknowledges and hereby agrees that the perceived or real value of anything purchased from Lusternia now or in the past may change over time. The User acknowledges that the Company does not provide refunds under any circumstance. The User acknowledges and hereby agrees that the Company cannot be held responsible for any loss of data that may be associated with the running of, or the maintenance of, the Services. The Company acknowledges that it has an ethical obligation to attempt to ensure that no one loses credits due to data loss.
10. Ownership of Lusternia and Services. The Company, and its contractually-bound licensors shall, at all times, retain all right, title, and interest in and to the Services, except to the extent of the licenses granted hereunder.
11. Disclaimer of Warranty. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY FURTHER DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE SERVICES OR LINKS PROVIDED BY THE SERVICES. THE COMPANY DOES NOT WARRANT THE OPERABILITY OF THE SERVICES, BECAUSE CRASHES AND DOWNTIME ARE INEVITABLE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ACTION BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES. SIMPLY PUT, WE WILL DO OUR BEST TO MAINTAIN THE SERVICES, BUT ARE NOT LIABLE TO ANYONE, FOR ANY RESULT OF ANY FAILURE TO DO SO.
12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY'S AND ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE SERVICES ARE HEREBY AGREED TO BE NOTHING AND NONEXISTENT.
13. Consequential Damages. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT THE COMPANY, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S, ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Indemnification. User agrees to indemnify and hold harmless the Company from all liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from or related to any breach of this Agreement by User, or in connection with transmissions by or through User's various licenses or Characters. The Company reserves the right, at User's expense, to assume the exclusive defense and control of any matter subject to indemnification by User hereunder, and in such event, User shall have the obligation to provide indemnification for such matter and reimbursement of all reasonable attorneys' fees incurred by the Company in defending such claim.
15. Termination. Either the User or the Company may terminate a license and Character and this agreement without notice at any time without further obligation to the other. Further, the Company reserves the right to terminate the Services, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES, CREDITS, OR OTHER PRODUCTS OR SERVICES PURCHASED FROM THE COMPANY OR ITS SUBCONTRACTORS, AFFILIATES, OR LICENSORS. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SERVICES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED CREDITS AND LESSONS. The following sections shall survive termination: 6, and 9-18.
16. Amendment. The Company may amend the Terms in its sole discretion at any time and in any way by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your license and this agreement as provided in Section 14 ("Termination"). Your continued access and use of the Services three (3) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
17. Reservation of Rights. The Company hereby reserves any rights not expressly granted herein.
18. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be altered or reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. The Company's failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by the Company of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of the Company 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 Company's reasonable control. This agreement is governed by and construed under California law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in Marin County, in the State of California, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be in writing and addressed to Lusternia LLC, 145 Corte Madera Town Center, Corte Madera, CA 94925. The Company may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and the Company with respect to the subject matter referenced herein