YOU SHOULD CAREFULLY READ THE FOLLOWING USER AGREEMENT AND SOFTWARE LICENSE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "REJECT." ONCE YOU AGREE TO THE USER AGREEMENT AND SOFTWARE LICENSE, YOU ACKNOWEDGE OUR NO REFUND POLICY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME.
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH QUEST ONLINE, LLC ("QOL") OFFERS YOU ACCESS TO AN ACCOUNT ("ACCOUNT") AND THE SERVICE, WHICH ACCOUNT AND SERVICE MAY BE MANAGED OR OPERATED BY QOL TO PLAY THE ALGONON ONLINE ROLE PLAYING COMPUTER GAME AND ITS EXPANSION PACKS (INDIVIDUALLY AND COLLECTIVELY, THE "GAME"). BY PRESSING THE "AGREE" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE APPLICABLE PRODUCT. If you have any questions regarding these terms and conditions, please visit the QOL customer service webpage at www.alganon.com/support.
You agree that QOL and its licensors retain the unfettered right to modify the Game and all aspects of characters, items and coin (collectively, "Virtual Goods") therein. You acknowledge that QOL and its licensors have been, are, and will be constantly making changes to the Game. You further acknowledge that QOL and its licensors can and will, in their discretion, modify features, functions or abilities of any element of the Game or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more effective or functional, or less effective or functional, more common or less common, or eliminated entirely).
YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST QOL, ITS LICENSOR(S), LICENSEES AND AGENTS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU "OWN" ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS IF QOL OR ITS LICENSOR(S) OR AGENTS DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT, THE GAME'S CODE OF CONDUCT, QOL' OR ALGANON'S RESPECTIVE TERMS OF SERVICE AND/OR PRIVACY POLICIES (ALL OF WHICH ARE POSTED AT A LINK AT WWW.ALGANON.COM), (III) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF QOL OR ITS LICENSOR(S), LICENSEES OR AGENTS DO ANYTHING THAT THEY ARE ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE GAME'S CODE OF CONDUCT, QOL' OR ALGANON'S RESPECTIVE TERMS OF SERVICE AND/OR PRIVACY POLICIES, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN THE GAME, AND/OR (IV) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT QOL OR ITS LICENSOR(S), LICENSEES OR AGENTS HAS MADE OR WILL MAKE.
1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Accept" button and providing QOL with a credit card number, 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.
2. To play the Game, you must (a) purchase or receive through a QOL or ALGANON-authorized promotional offer (such as an authentic disc bundled with a game magazine) the Game CD-ROM(s) or DVD-ROM(s) (collectively, the "DVD-ROM") or applicable files which QOL may make available for direct download, which includes software and related documentation required for the Game (the "Software"), (b) have a fully paid and valid Account, and (c) have at least the minimum system requirements to operate the Game and an Internet connection (neither of which QOL provides) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those QOL are not required to collect) and for all hardware, 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, or to any expansion or compilation packs or similar ancillary products or premium services, without paying applicable charges. You understand that QOL may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time and you may need to upgrade your system (or obtain a new system) to play the Game. Game experience may change during online play.
3. QOL may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever QOL make the notification available for your review.
4. Upon registration, you must select a password. You may not disclose your password to any third party. QOL never asks you for your password by telephone, in-game communication, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although QOL may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account.
5. QOL describes the Game's fees and billing procedures at a hotlink located at www.alganon.com, which are incorporated by reference and are subject to change at any time. All fees are stated in U.S. Dollars unless otherwise specified. All fees are prepaid and non-refundable. Upon your acceptance of these terms, QOL has the right to automatically charge your credit card the Account fee plus any applicable taxes QOL is required to collect, and you authorize QOL to do so. Thereafter, each time your Account comes up for renewal, QOL has the right to charge your credit card the then-current renewal rate plus any applicable taxes QOL is required to collect, and you authorize QOL to do so. If QOL is unable to process your credit card at a renewal period, your Account may be immediately terminated. If QOL makes a Game Card available and you use a Game Card to pay for your Account, the Game Card shall activate your Account for the subscription period stated on the Game Card (unless QOL allows such Game Card to be used to pay for the Game subscription and one or more premium products or services related to the Game, in which case the period of time may be prorated between the Game subscription and such premium products and services) and, thereafter, you will either need to provide a valid credit card (in which case your credit card will subsequently be charged as referenced above) or purchase another Game Card for subsequent subscription periods (for the Game and premium products and services, as applicable), or your Account will be closed. You may terminate your Account at any time through the Account registration process. If you terminate your Account during the initial period of gameplay included with your purchase of the Game Software, if any, your Account will be closed at the end of such initial period of gameplay and you will not be billed. If you convert your Account during the initial period of gameplay included with your purchase of the Game Software to a paid subscription Account, you may lose the balance of any unused period of gameplay included with your purchase at the time of such conversion. 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. QOL does not give full or partial refunds for subscription periods that you have purchased.
6. QOL may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately and without notice: if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if QOL is unable to verify or authenticate any information you provide to us; (iv) upon game play, chat or any player or Game-related activity (whether in-game or outside the game) whatsoever which QOL, in its sole discretion, determines is inappropriate and/or in violation of the spirit of the Game; and/or (v) upon any violation of this Agreement, the QOL Terms of Service, the ALGANON Terms of Service and/or the Game Code of Conduct. If QOL terminates this Agreement or suspends 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. QOL may also terminate this Agreement if it decides, in its sole discretion, to discontinue offering or supporting the online service for the Game, in which case QOL may provide you with a prorated refund of any prepaid amounts.
7. Subject to the terms of this Agreement, QOL and its licensors 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, valid and fully-paid Account. You may not copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Software. You may not copy any of the written, digital or electronic materials accompanying the Software unless QOL expressly permits you to do so in writing, and then only to the extent permitted. 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.
8. QOL and its licensors, licensees and suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the DVD-ROM, the Software, the Game and Virtual Property, all copies thereof, and all Game character and Account 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 DVD-ROM, the Software, Virtual Goods, and/or the Game, including, without limitation, in any artwork, video, audio, text, graphics, music, sound effects, character(s), item(s), coin(s) or other material or property, whether virtual or real, and/or any compilation or copyrightable arrangement of any of the above (collectively, "Rights"), and that all such property, material, items and Rights are exclusively owned by QOL or its licensors or licensees.
9. You may not use any 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 decrypt or modify any data transmitted between client and server and you may not use, post, host or distribute macros, "bots" or other programs that would allow unattended game play or which otherwise impact game play. You may not take any action which imposes an unreasonable or disproportionately large load on our or QOL's licensees' or agents' infrastructure. You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game account, characters, items, coin, Virtual Property or copyrighted material or any other intellectual property owned or controlled by us or our licensors without first obtaining our express written permission.
10. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that is inappropriate, offensive or violates anyone's trademarks, publicity rights or other proprietary rights.
11. As part of your Account, you can or may be able to upload content, messages, art, graphic files, pictures, video, audio, music, sounds, software and other files, items and content to our servers in various forms, such as in the selections you make for the Game, in-game posts and chat, and in chat rooms and similar user-to-user areas (collectively, "Your Content"). Your Content, whether in written, digital, oral, machine-readable, electronic or visual form, shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be offensive, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic or harmful to minors, invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; or (d) contain any viruses, "bots", trojan horses, keystroke loggers, worms, time bombs, cancelbots or other software, files, scripts or computer programming routines that are intended to or result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. QOL may take any action with respect to Your Content or Account if it believes it may create liability for QOL or may cause QOL to lose (in whole or in part) the services of its ISPs or other suppliers. You hereby grant to QOL a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with Your Content, including, without limitation, all intellectual property rights, and all ancillary and subsidiary rights thereto, in any languages and in any media now known or not currently known.
12. QOL cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, QOL or its designees 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, QOL or its designees can (and you authorize QOL or its designees to) disclose any information about you to private entities, law enforcement or other government officials as each of us, in our sole discretion, believe necessary or appropriate to satisfy legal obligations, investigate or resolve possible problems or inquiries, or in exigent circumstances involving risk of harm to any person or property. You agree that QOL may communicate with you via telephone, 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 QOL or on its behalf. You expressly permit QOL to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game, enforce the terms of this Agreement and/or provide you with customer service. Furthermore, if you request any technical support, you consent to QOL's remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You may choose to visit www.alganon.com or other QOL web site if such web site offers services such as an ALGANON game-themed chat room or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of QOL 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 QOL does 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 and/or Software and ensuring the integrity of the Game, you hereby grant QOL permission to upload Game-related file information and data 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 QOL's 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 QOL's servers, may or may not be monitored by QOL or its agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. You acknowledge and agree that QOL may transfer Game and your Account information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with its licensees, licensors and agents in connection with the Game. The Game may incorporate third party ad serving technology from third parties. This technology, if used by QOL and provided to you, enables certain advertising to be temporarily uploaded to your computer system and replaced in-game while connected online. As part of that process, neither QOL nor the third party ad serving company collects any personally identifiable information about you and only temporarily logs select non-personally identifiable information (such as IP address). No logged information is used by such third parties to determine any personally identifiable information about you.
13. QOL warrants to the original consumer purchaser only that the media furnished in this product will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase (as evidenced by your receipt). This warranty shall not be applicable and shall be void if the defect in the Game, DVD-ROM or Software has arisen through abuse, unreasonable use, mistreatment or neglect. If the media furnished in this product proves to be defective, and provided that the original consumer purchaser returns the media to QOL in accordance with the instructions in this paragraph, QOL will replace the defective media: (a) free of charge to the original consumer purchaser, if the media proves to be defective within the ninety (90) day period following the date of purchase, or (b) for a fee of $5.00 per Compact Disc or Digital Versatile Disc, as applicable ("DVD"), if the media proves to be defective after the expiration of the ninety (90) day warranty period, provided that the request is made within a reasonable time from purchase, and QOL continues to distribute the DVD commercially. To obtain a replacement DVD, please return the defective DVD only, postage prepaid, to Quest Online, LLC, 3771 S Barberry Pl, Chandler, AZ 85248, accompanied by proof of date of purchase, a description of the defect, and your name and return address, as well as a check for $5.00 per DVD made payable to Quest Online, LLC if after expiration of the warranty period. QOL will mail a replacement to you within 180 days of receiving your order.
EXCEPT FOR THE LIMITED 90 DAY WARRANTY ON THE MEDIA AS SET FORTH ABOVE, QOL PROVIDES THE DVD-ROM, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." QOL AND EACH OF ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, QOL does not ensure continuous, error-free, secure or virus-free operation of the DVD-ROM, the Software, the Game, your Account or continued operation or availability of any given server or Game feature, skill, character class or race, art, graphics, items, abilities, zones or other content. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
QOL is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, QOL cannot and does not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You agree to indemnify, defend and hold harmless QOL and each of its affiliated companies, licensors, licensees and suppliers, and all of its respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, designees and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants or (ii) your installation or use of the Account, Game and any other hardware or software required or used to play the Game, including use of or access to the internet. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ACCOUNT AND THE GAME REMAINS WITH THE USER.
14. IN NO EVENT SHALL QOL, ITS LICENSORS AND LICENSEES, AFFILIATES OR SUPPLIERS, QOL'S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE GAME, SOFTWARE, YOUR ACCOUNT, THIS AGREEMENT OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY OF US OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMIATION, DAMAGE TO PROPERTY AND - - TO THE EXTENT PERMITTED BY APPLICABLE LAW - - DAMAGES FOR PERSONAL INJURY, EVEN IF QOL, EACH OF ITS RESPECTIVE LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF QOL, EACH OF ITS RESPECTIVE LICENSORS, LICENSEES, SUPPLIERS OR ANY OF ITS RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST QOL, EACH OF ITS LICENSORS, LICENSEES, SUPPLIERS AND EACH OF ITS AND THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE QOL AND/OR EACH OF ITS LICENSORS OR LICENSEES FROM SEEKING ANY INJUNCTIVE RELIEF. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
15. You shall comply with all applicable laws regarding your use of the Software, the DVD-ROM, 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. The Game may NOT be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (including, but not limited to, the Denied Persons List). By downloading, installing and/or using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. To the maximum extent permitted by law, this Agreement is governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. All parties submit to personal jurisdiction in Arizona and further agree that any cause of action relating to this Agreement shall be brought in the County of Maricopa, State of Arizona (if under State law) or the District of Arizona (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. QOL's failure to act with respect to a breach by you or others does not waive its 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 QOL 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.
17. You hereby affirm and agree to those terms and conditions of use set forth in the Game Code of Conduct, which may be obtained at a hotlink located at www.alganon.com and which is incorporated herein by this reference.
18. All services hereunder are offered by Quest Online, LLC, located at 3771 S Barberry Pl, Chandler, AZ 85248. Current rates for using the Game may be obtained from a hotlink at www.alganon.com, and such rates are subject to change at any time.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.
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.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING USER AGREEMENT AND SOFTWARE LICENSE AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.