By accessing any facility provided by Norseman Games, such as The Realm Online and the Message Boards, you are providing your agreement and consent to all terms of the license agreement, including those appended by reference, such as the Customer Code of Conduct and the Norseman Terms of Service. Violation of certain terms of the agreement is punishable by law.
THE REALM ONLINE USER AGREEMENT AND SOFTWARE LICENSE
THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH NORSEMAN GAMES, LLC ("NORSEMAN") OFFERS YOU AN ACCOUNT (THE "ACCOUNT") PROVIDING YOU ACCESS TO "THE REALM ONLINE" (THE "GAME") VIRTUAL WORLD. BY LOGGING INTO THE GAME OR BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING, BY REFERENCE, THE CUSTOMER CODE OF CONDUCT (THE "CUSTOMER CODE"), THE TERMS OF SERVICE (THE "SERVICE TERMS"), THE DISCIPLINARY CODE, AND THE ACCOUNT SECURITY AGREEMENT (THE "SECURITY AGREEMENT").
If you have any questions regarding these terms and conditions, please contact customer service.
Accounts are available only to adults 18 years of age or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, and by doing so must assume full responsibility for all obligations under this Agreement. By clicking the "I Accept" button and providing us with a credit card number or valid purchase arrangement, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
To play the Game, you must ( a ) obtain the free The Realm Online software required for the Game (the "Software"), ( b ) have a fully paid Account, ( c ) have an Internet connection (which we do not provide) to access your Account, and ( d ) have all applicable or required hardware and software to operate the Game (including, without limitation, Memory Cards, Network Adaptors, etc. which we do not provide). In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware (including, without limitation, Memory Cards, Network Adaptors, etc.), software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in so doing incur no obligation to furnish such updates to you pursuant to this Agreement.
We may amend this Agreement at any time in our sole discretion. Amendments will be incorporated directly into the relevant document(s) and notice posted on the official website at www.realmserver.com. All amendments are effective immediately upon posting of the notice. The existence of any amendments may also be communicated to you at the time you log into your Account.
Upon registration you will receive a login name and a password. You may not disclose your password to any third party. Norseman representatives will never ask you for your password in any form of communication including, but not limited to, in-game, email, fax, mail, or telephone. You should not disclose your password to anyone at any time for any reason. Although we may offer a feature that allows you to "save" or "remember" your password, please note that by using this feature third parties may be able to access your The Realm Online Account.
Subscription fees and billing procedures for accessing The Realm Online are described at https://secure.realmserver.com/cgi-bin/subscribe.exe and are hereby and herein incorporated by reference. All fees are stated in U.S. Dollars unless otherwise specified. All fees are prepaid and non-refundable. Your acceptance of these terms grants and authorizes Norseman Games the right to automatically charge your credit card the Account fee plus any applicable taxes we are required to collect. Thereafter, each time your Account comes up for renewal, we have the right to charge your credit card the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated. You may terminate your Account at any time through the Account registration process. If you terminate your Account during your initial free period, if any, your account will be closed at the end of the free period and you will not be billed. If you terminate your Account during any subscription cycle, your Account will be closed at the end of the then-current cycle and you will not be billed again unless you affirmatively reopen the Account. We do not give full or partial refunds for subscription periods that you have purchased.
We may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately and without notice if you breach any portion of this Agreement or repeatedly infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game as set forth in the Customer Code of Conduct and/or Terms of Service, as posted at www.realmserver.com. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. You hereby further consent and agree to Norsemanís exclusive right, at our sole discretion, to deny service to anyone, at any time, for any reason and that we may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, which, in either case, we may provide you with a prorated refund of any prepaid amounts.
Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, non-transferable, revocable license to use the Software solely in connection with playing the Game via an authorized and fully-paid Account. You are free to copy and disseminate the Software for the purpose of providing other individuals with the Software for their evaluation of the game for the purpose of determining their desire to subscribe for an Account if, and only if, all associated files are included unmodified. You may not sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, or sublicense all or any portion of the Software. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.
We and our suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Software and the Game, all copies thereof, and all game character data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Software or the Game, including, without limitation, in any character(s), item(s), or other material or property, and that all such property, material and items are exclusively owned by us.
You may not use any third party software to modify the Software to change Game play. You may not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game characters, items, or copyrighted material.
To access an Account, you are required to choose one or more character name(s). While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights.
As part of your Account, you may transmit content to our servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content shall not: ( a ) infringe any third party intellectual property, other proprietary or publicity/privacy rights; ( b ) violate any law or regulation; ( c ) be, as determined in the sole discretion of Norseman Games, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or ( d ) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, ( e ) be comprised of any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); ( f ) be any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; ( g ) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or ( h ) "stalk" or otherwise harass another member. We may take any action with respect to your Content and/or Account if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to Norseman Games, LLC a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to provide all requested technical information of the system you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf. You may choose to visit www.realmserver.com for any information or services that may be of interest to you. You are subject to the terms and conditions, privacy customs and policies of Norseman Games, LLC while on such web sites and in connection with use of your Account and the Game, which terms and conditions, policies and customs are incorporated herein by this reference. Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching and updating the Game, you hereby grant us permission to (i) upload Game file information from the Game directory and (ii) download Game files to you. You acknowledge that any and all character data is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by our personnel and, accordingly, you have no expectation of privacy in any such communications. You acknowledge and agree that we may transfer such information to the United States or other countries or may share such information with our licensees and agents in connection with the Game.
IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER DEVELOPED, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF YOUR ACCOUNT, THE GAME, THE SOFTWARE, OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
You shall comply with all applicable laws regarding your use of the Software, your access to your Account, and your playing of the Game. Without limiting the foregoing, you may not download, use, or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
This Agreement is governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Michigan and further agree that any cause of action relating to this Agreement shall be brought in the County of Kent, State of Michigan (if under State law) or the Michigan Western District, Sixth Circuit (if under federal law). 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. 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. 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. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
All services hereunder are offered by Norseman Games, LLC, located at 5 Lyon Suite 202, Grand Rapids, MI 49503. Current rates for using the Game may be obtained from www.realmserver.com. Rates are subject to change at any time.
The Software is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.