WARHAMMER® ONLINE: AGE OF RECKONING™
FAN SITE AGREEMENT TERMS AND CONDITIONS
PLEASE READ CAREFULLY: THIS FAN
SITE USER LICENSE (“LICENSE”) IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU AND/OR YOUR ORGANIZATION (“YOU”),
ON THE ONE HAND AND MYTHIC ENTERTAINMENT, INC.
(“MYTHIC”), AND ITS RESPECTIVE SUBSIDIARIES,
AFFILIATES, AND LICENSORS ON THE OTHER (COLLECTIVELY,
“LICENSOR”). BY INDICATING YOUR ACCEPTANCE, YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF ANY
MATERIALS AS DESCRIBED HEREIN AND YOUR DEVELOPMENT AND PROVISION OF
A FAN SITE ARE SUBJECT TO THIS AGREEMENT REGARDLESS OF WHETHER YOU
AFFIRMITIVELY MANIFEST YOUR AGREEMENT TO THIS DOCUMENT OR
NOT.
Subject to the terms and conditions of this Agreement, Licensor
grants you the revocable permission to create a Warhammer Online:
Age of Reckoning (“WAR”) Fan Site that is related to
promoting the online game currently entitled “Warhammer
Online: Age of Reckoning” (the “Game”), solely
for your personal noncommercial use. “Fan Site” shall
mean a personal, non-commercial web site, created by you, that is
freely accessible to the public and dedicated to promoting the
Game. This license allows you to reference the Game, conduct
electronic correspondence with players of the Game, and in general,
reference the ideas, experiences, and characters contained in the
Game.
All materials contained in this “Fan Site Kit,”
including, but not limited to, any electronic files, code, audio or
images (“Fan Site Materials”), are the copyrighted
property of Mythic or licensed to Mythic by Warhammer Online
Limited (“WOL”) or Games Workshop Limited (“Games
Workshop”). Licensor grants you a revocable personal,
non-exclusive, non-transferable, non-assignable, royalty free
license to display the Fan Site Materials on a Fan Site for your
personal, non-commercial use, provided, however, that you must
include or maintain all copyright, trademark and other notices
contained in, or associated with, the Fan Site Materials.
Additionally, you must include the following disclaimer on each web
page of your Fan Site:
“Warhammer Online: Age of Reckoning content and materials, the Games Workshop, Warhammer, Warhammer Online: Age of Reckoning names and logos and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer world are either ®, ™ and/or © Games Workshop Ltd 2000-2006. Used under license by Mythic Entertainment, Inc. Mythic Entertainment and the Mythic Entertainment logo are the registered trademarks of Mythic Entertainment, Inc. All Rights Reserved. You may not copy any images, videos or sound clips found on this site or ‘deep link’ to any image, video or sound clip directly.”
You acknowledge and agree that you may not sublicense, assign or
otherwise transfer this license or any of the Fan Site Materials,
and that no title to the Fan Site Materials has been or will be
transferred to you from the Licensor or anyone else. You also agree
that you will not alter, disassemble, decompile, reverse engineer
or otherwise modify the Fan Site Materials, except as needed to
create a Fan Site based upon WAR.
You will not represent that your Fan Site is endorsed or approved
by Licensor, WOL or Games Workshop, or that any content on your Fan
Site is endorsed or approved by Licensor, WOL or Games
Workshop.
Further, you agree that you will not use any of the
trademarks of Mythic, WOL, or Games Workshop as part of your domain
name.
YOUR PARTICIPATION IN CREATING A WAR FAN SITE IS PURELY VOLUNTARY.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE ANY
COMPENSATION OF ANY KIND FROM LICENSOR FOR YOUR WAR FAN SITE OR FOR
YOUR PARTICIPATION AS A WAR FAN SITE PROVIDER. NOTHING IN THIS
AGREEMENT WILL CREATE ANY CONTRACTOR, PARTNERSHIP, JOINT VENTURE,
FRANCHISE, EMPLOYMENT OR SIMILAR RELATIONSHIP BETWEEN YOU AND
LICENSOR. YOU ACKNOWLEDGE THAT YOU MAY STOP PROVIDING CONTENT FOR
YOUR WAR FAN SITE AT ANY TIME THAT YOU DESIRE.
You agree to provide Licensor with the web address of your Fan Site
so that Licensor may inspect your site and verify compliance with
this Agreement from time-to-time. You further agree that the
information you reported as part of the download sequence to obtain
the Fan Site Materials is true and correct. You agree that in the
event any contact information changes from that provided by you,
including the URL of the website or any alternative URLs that
redirect to the website, you will update such information by
sending an e-mail with such updated information to
fansites@mythicentertainment.com
Licensor owns all of the right, title, and interest in and to the
Game. Your right to reference the Game is limited to the license
grant above, and you may not otherwise copy, display, perform,
publish, or use any of the Game elements. You may not modify,
reverse engineer, disassemble, create derivative works from,
license, transfer, distribute, or sell any materials from the Game,
or use the Game to further any commercial or unlawful purpose.
Without limiting the foregoing, you may not use your references to
the Game to sell advertising, to promote another product or
business, or on any site that operates, promotes or provides a link
to a server emulator or the sale or exchange of “virtual
property.” You may not link to any website that promotes
exploits, cheats, hacks or anything that violates the terms of
Mythic’s End User Access and License Agreement (EUALA), as
interpreted by Mythic. You may not make materials from the Game
available by download from your WAR Fan Site (without prior written
permission of Licensor).
Licensor retains the right, at Licensor’s sole
discretion, to terminate and revoke this Agreement and all rights
to the Fan Site Materials at any time, for any reason. You agree
that in the event Licensor terminates this Agreement, you may not
sue Licensor for any damages caused by this termination, including
direct, consequential, incidental, special, or indirect damages of
any kind, including without limitation lost profits, or your
expenses in operating the Fan Site.
You shall not knowingly put any inappropriate materials on the Fan
Site including, but not be limited to:
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Hate material, including without limitation, defamatory, abusive, racially or ethnically offensive imagery, content or language. Pornography or obscene or indecent material. Political Propaganda. The site cannot have an obvious political agenda, or one that has blatant messaging of slogans and attacks on religions, ethnic groups, or personalities, or that would otherwise tarnish Licensor’s reputation. Advertise for commercial sites. Selling banner ads or offering personal creative materials is permitted. However, links to commercial sites whose primary reason for existing is to serve as a marketing vehicle for a company or product shall not be permitted, including links to any sites that promote the sale or exchange of “virtual property” or offers of services to level players or acquire in-game items. Use of unauthorized copyrighted materials (without prior permission from the owner of such material). |
You will post on your site a notice of these restrictions and
police these policies to ensure compliance.
When your WAR Fan Site interacts with players in/from the Game, you
agree that You and all affiliates shall not:
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Ask for a player’s personal password or username; Ask for a player’s credit card information; Pretend you are a paid employee of the Licensor or otherwise directly affiliated with WAR; Privately ask to meet players in person with the exception of clearly posted public gatherings. Make any material available for download or distribution that you know (or should know) violates any of the copyright or trademark rights of the Licensor or any other third party; or Make any material available for download or distribution that you know (or should know) contains any computer virus of any kind, including, but not limited to, spyware. |
You agree to comply with the Federal Children's Online Privacy
Protection Act (COPPA) standards for websites directed to children
under the age of thirteen (13). Information about COPPA and
requirements for compliance can be found on the FTC website at
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
You represent and warrant that (a) you have the right and ability
to enter into this Agreement, (b) you will not, and the use of the
Fan Site will not, infringe or misappropriate the intellectual
property rights of Licensor or any third party, and (c) the Fan
Site will not misrepresent the Game or tarnish the reputation or
goodwill of Licensor. For the purposes of clarification, sites that
include forums or any other form of posted communication in which
the participants engage in discussions about the Game, Licensor or
any of its affiliates shall be permitted to express their personal
opinions in a customary discourse. You agree to indemnify and hold
harmless Licensor for any claims related to your Fan Site or breach
of the foregoing representations and warranties. ALL MATERIALS ARE
PROVIDED TO YOU BY LICENSOR “AS IS” WITHOUT WARRANTY OF
ANY KIND. LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY
KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF LICENSOR
KNEW OR SHOULD HAVE KNOWN OF SUCH POTENTIAL LIABILITY.
ANY USE YOU CHOOSE TO MAKE OF THESE MATERIALS IS UNDERTAKEN BY YOU
ENTIRELY AT YOUR OWN RISK. LICENSOR DOES NOT WARRANT THAT THESE
MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK,
SOFTWARE OR OTHER TECHNOLOGY.
LICENSOR WILL NOT PROVIDE SUPPORT FOR THESE MATERIALS. PLEASE DO
NOT CALL OR SEND EMAIL TO CUSTOMER SUPPORT REGARDING THESE
MATERIALS, AS LICENSOR WILL NOT BE ABLE TO ANSWER THESE
INQUIRIES.
LICENSOR RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF
THESE MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO
ANYONE.
IN THE EVENT THAT THIS FAN SITE AGREEMENT TERMINATES, BY ANY MEANS
WHATSOVER, YOU SHALL HAVE NO FURTHER RIGHT TO USE THE FAN SITE
MATERIALS. YOU FURTHER AGREE TO IMMEDIATELY REMOVE ALL SUCH
MATERIALS FROM ANY WEBSITES YOU OWN, OPERATE OR ARE AFFILIATED
WITH, AND DELETE ALL ELECTRONIC FILES CONTAINING THE FAN SITE
MATERIALS FROM ALL COMPUTERS, SERVERS, OR OTHER VOLATILE STORAGE
DEVICES. YOU FURTHER AGREE TO DESTROY ALL ARCHIVED COPIES OF THE
FAN SITE MATERIALS, AND YOU SHALL NOT FORWARD, TRANSFER, OR
OTHERWISE DISPOSE OF THOSE MATERIALS BY GIVING THEM TO ANY OTHER
PERSON OR ENTITY.
You must be at least 18 years old to accept this Agreement. This
License is governed by the laws of the Commonwealth of Virginia
(without regard to conflicts of law).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE
FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE
PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN
IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR
EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE
PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY
BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IN NO EVENT
SHAL LICENSOR BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION LOST PROFITS. IN THE EVENT THAT THIS PARAGRAPH IS HELD
INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION
SHALL REMAIN IN FULL FORCE AND EFFECT.
THE LOCATION OF THE ARBITRATION SHALL BE FAIRFAX COUNTY, VIRGINIA,
AND YOU HEREBY EXPRESSLY AGREE TO ARBITRATE THERE, AND WAIVE AND
AGREE NOT TO RAISE ANY AND ALL OBJECTIONS BASED ON PERSONAL
JURISDICTION, VENUE, AND/OR INCONVENIENCE OF SUCH FORUM. IN THE
EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE
REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND
EFFECT.
This document constitutes the entire agreement between Licensor and
you regarding the subject matter herein, and may not be modified
except in writing executed by Mythic.
