This agreement (the "Agreement
") sets forth the terms and conditions by which Saph offers you access to use and enjoy:
- Our Marosia computer game (the "Game");
- The underlying Game software (the "Software");
- Our Marosia website (the "Website");
- The Marosia community (the "Game Forum");
- Any other of our apps, websites, games, or services that link to this Agreement, regardless of how you access or use them, including through mobile devices.
While using these products and services (collectively, the "Services
In addition, by signing this agreement you are also acknowledging you have read and will follow the Game Rules
, which outline acceptable behavior through in-game communication.
Please read the terms of this Agreement carefully. By clicking the "Accept" button below, or by using any of the Services, you agree that this Agreement is enforceable like any written contract signed by you.
Table of Contents
1. Your Account
2. Account Termination
3. Limited License
4. Virtual Goods
5. Code of Conduct
6. User Generated Content
7. Consent to Monitoring
8. Updates and Modifications
9. Forum and Links
11. DMCA Notices
12. Warranty Disclaimer
14. Limitation of Liability
1.1. Am I eligible to use the Services?
Only people ages 18 or older
may create an account or use the Services. You may not create or use an account or use any of the Services on behalf of a legal entity or for a commercial purpose. By signing this agreement, you certify that you are 18 years or older.
1.2. I'm eligible! How can I create an account and play?
Playing the Game requires you to:
(a) read and accept the terms of this Agreement;
(b) register for an account;
These requirements may change as the Game evolves. You must pay for your own internet connection, equipment, servicing, and any repair costs necessary to access the Game.
1.3. Do I need to provide real information?
1.4. Can I share or sell my account or login credentials? (No.)
When you create an account with us, we require you provide a valid email address and password (collectively, your "Login Credentials"), which you'll use each time you access the Game. You can't share your account or Login Credentials with anyone. You can't sell, transfer or allow any other person to access your account or Login Credentials, or offer to do so. You're entirely responsible for maintaining the confidentiality of your Login Credentials. Please notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
1.5 Do I have access to Game logs?
Yes. You can turn on daily emails of character logs (for each character). If you do not want a daily emailing of logs, you can also turn off this setting in Account Settings.
2. Account Termination
2.1. How can my account be suspended or terminated?
Three different people/entities can suspend or terminate your account:
You may terminate or suspend your account at any time by contacting us at [email protected]
We may terminate or suspend your account if we determine, in our sole discretion, that:
- (a) you have violated any part of this Agreement;
- (b) we have stopped offering the Services in your region; or
- (c) doing so would be in the best interests of our community, the Services, or the rights of a third party.
We may make such determinations by using automated systems or by manual moderation.
2.1.3. During disciplinary actions such as banning an account, you may have the opportunity to appeal your case publicly or privately. Private investigation results are up to the discretion of staff. Public investigations are open to community interpretations, and community members may participate in the discussion of a disciplinary ruling. In any case, a ban can be implemented without a suspension period. All final account termination decisions are up to the sole discretion of Saph (stated previously in section 2.1.2 C).
2.2. What happens if my account is terminated?
If your account is terminated, you'll no longer have access to it, including any of the associated data or user generated content (e.g., written notes, descriptions, or other in-game creations). You'll not be entitled to any refunds and we'll have no liability to you. We also reserve the right to terminate any other accounts you may have created, as well as your access to any other Services (also without any refunds or liability to you).
You understand and agree that using the Services comes with the risk that your account may be terminated or suspended and that, whenever you use the Services, you'll bear this risk in mind and always conduct yourself appropriately.
3. Limited License
3.1. What can I do with the Services?
We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Services for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorized by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Services or any of Saph's intellectual property, including any computer code associated therewith.
3.2. Can I do stuff with Saph's intellectual property?
We (and our licensors) own and reserve all rights and title in and to the Services, and all data and content included therein, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, Game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user-generated Game content such as written notes and descriptions, methods of operation and gameplay (collectively, "Game Content"). You can't create any work of authorship based on the Game Content or the Services except for personal, non-commercial uses (like fan art).
You also agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Services, or use of the Services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties.
4. Virtual Goods
4.1. Can I submit ideas for improving the Game to Saph?
We value your feedback on the Services, but please don't submit any creative ideas, suggestions or materials to us (collectively, "Unsolicited Ideas"). This policy is aimed at avoiding potential misunderstandings or disputes when the Services might seem similar to Unsolicited Ideas that people submit.
If you submit Unsolicited Ideas anyway, then you grant us a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
5. Code of Conduct
5.1. Can I troll, flame, threaten or harass people while using the Services? (No. If you do, you might get banned.)
While using the Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with certain additional rules that govern your use of the Services (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and we reserve the right to modify it at any time, as well as take appropriate disciplinary measures including account termination and deletion to protect the integrity and spirit of the Services, regardless of whether a specific behavior is listed in the policy as inappropriate. In addition to the Code of Conduct, please review the Game Rules
for additional guidance on exemplary gameplay behavior.
The following are examples of behavior that warrant disciplinary measures:
i. Impersonating any person, business or entity, including an employee of Saph or communicating in any way that makes it appear that the communication originates from Saph;
ii. Posting identifying information about yourself or other players to the Website or within the Game;
iii. Harassing, stalking or threatening other players while using the Services;
iv. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Saph contained in the Website, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
v. Transmitting or communicating any content which, in the sole and exclusive discretion of Saph, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
vi. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
vii. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated, non-Game related, postings;
viii. Participating in any action which, in the sole and exclusive judgement of Saph, defrauds any other user of the Game, including by scamming or social engineering;
ix. Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Software in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Saph and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;
x. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
xi. Selecting a character name contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on character name choices. Saph may modify any name which, in the sole and exclusive judgement of Saph, violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
xii. Inducing or encouraging others to violate this Code of Conduct or the terms of this Agreement.
xiii. Breaking the Golden Rules or the General Rules listed in the Game Rules
6. User Generated Content
6.1. Am I responsible for the content that I post on/in the Services? (Yes, and we can use what you post.)
You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through the Services ("Your Content").
You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import Your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving Your Content to others, without any compensation to you. You waive any moral rights you may have in Your Content to the maximum extent permitted by the laws of your jurisdiction.
You represent, warrant and agree that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Saph and Saph won't be liable for any use or disclosure of Your Content. You further represent, warrant and agree that Your Content shall not violate any third-party rights.
7. Consent to Monitoring
8. Updates and Modifications
8.1. Will this Agreement change in the future? (Yes.)
We may (and probably will) create updated versions of this Agreement in the future as the Services and applicable laws evolve. When we do, we'll ask you to agree to a new agreement which will supersede and replace this Agreement. You'll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you'll be able to continue using the Services. If you decline the new agreement, you'll not be able to use the Services.
8.2. Will the Services stay the same? (No.)
In an effort to improve the Services, you agree that we may change, modify, update, suspend, "nerf," or restrict your access to any features or parts of the Services, including Virtual Goods, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Services might change the system specifications necessary to play the Game, and in such a case, you, and not Saph, are responsible for purchasing any necessary additional software or hardware in order to access and play the Game.
9. Forum and Links
9.1. Can I use the forum? (So long as you have a valid account and act maturely.)
If you have a valid, active account, you may use the forum section of the Website (the "Forum") provided that you abide by the Code of Conduct and any other posted rules. We may revoke your access to the Forum at any time, in our sole and absolute discretion. Use the Forum at your own risk. We reserve the right, but have no obligation, to monitor and police the Forum. We aren't responsible for the content on the Forum. We will have no liability to you for any harm you may incur by using the Forum.
9.2. What about links in the Services? Are those Safe?
The Services may contain links to websites operated by other parties. We do not own or operate those other websites. We provide these links to you as a convenience, or other users might be posting these links as user-provided content. Use these links and the corresponding external websites at your own risk. We don't control the linked sites, and we're not responsible for the content available there. Such links don't imply our endorsement of info or material on any other site, and we disclaim all liability with regard to your access to and use of such linked websites.
10.1. Is everything about the Game free?
Yes, the Game is free to play in every way, but Saph accepts donations and reserves the right to change its free-to-play model.
11. DMCA Notices
11.1. What should I do if someone is infringing my copyrighted work on the Website? (Send us a DMCA take-down notice.)
If you're a copyright owner or agent thereof and believe that content posted on the Website or elsewhere in the Services infringes upon your copyright, please submit a notice pursuant the Digital Millennium Copyright Act (17 U.S.C. 512(c)) to the Saph Copyright Agent (info below) with:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- The URL of the location on the Website (or other location within the Services) containing the material you claim is infringing;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Saph's Copyright Agent can be reached by email at: [email protected]
12. Warranty Disclaimer
12.1. Does Saph make any warranties about the Services? (No.)
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Saph DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICES, INCLUDING, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. Saph DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES.
13.1. If someone sues Saph based on my use or misuse of the Services, do I have to pay for Saph's legal expenses? (Yes.)
For example, if you use the Services as part of a business operation (something you're not allowed to do) and we get sued because of what you're doing, you'll have to defend us in court and pay for any damages we incur.
14. Limitation of Liability
14.1. Is there a limit on Saph's potential liability under this Agreement? (Yes.)
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Saph BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SERVICES, EVEN IF Saph KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Saph BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Saph FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
15.1. What can I do if I have questions about the Game or this Agreement?
If you have any questions concerning these terms and conditions, or if you would like to contact us for any other reason, please contact support at [email protected]
,or visit the "support" section on the Forum.
15.2. Can either party assign this Agreement? (No. Just us.)
Saph may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Saph prior written consent, and any unauthorized assignment by you shall be null and void.
15.3. Is this our entire agreement? (Yes, including those other important policies we talked about earlier.)
This Agreement represents the complete agreement between you and Saph concerning the Services, and supersedes any prior or contemporaneous agreements between you and Saph; provided however that this Agreement shall coexist with, and shall not supersede any other policies referenced in this Agreement.
15.4. What happens if a natural disaster interferes with the Game? (Saph isn't liable.)
Saph shall not be liable for any delay or failure to perform, including, any failure to perform hereunder due to unforeseen circumstances or cause beyond Saph's control such as acts of god, war, terrorism, hacking, cyber-attacks, bomb-threats, data corruption/loss, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15.5. Does this Agreement mean we're partners? (No.)
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saph as a result of this Agreement or your use of the Services.
15.6. If I violate this Agreement and Saph does nothing for a long time, does that mean I'm off the hook? (No. We reserve all of our rights.)
Saph's failure to enforce 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. Any waiver by Saph 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.
15.7. Can I play the Game if the U.S. government thinks I might be a terrorist or I live in an embargoed country? (No.)
You may not use the Services if: (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you're on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you're not located in, under the control of, or a national or resident of any embargoed country.
15.8. If part of this Agreement is invalidated, what happens to the rest?
Except as otherwise provided herein, if any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision can't be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
15.9. Are these headings legally binding? (No.)
The headings and parentheticals in this Agreement are provided for informational purposes only. They have no legal effect whatsoever.
15.10. How long does this agreement last? (For as long as you use the Services or until your account is terminated.)
This Agreement begins on the date you first accept it and lasts for as long as you use the Services, as described below. However, Sections 3.2, 6, 10, and 12-14 inclusive, shall survive the termination of this Agreement.
15.11. Where we say "including" in this Agreement, is that language limiting? (No.)
Whenever we use "including" in this Agreement, we mean "including without limitation."
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY SELECTING THE "ACCEPT" BUTTON BELOW OR OTHERWISE USING OR ACCESSING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.