Terms of Service
Important: Many capitalized words (e.g., "Site") are defined terms. See Definitions.
The TOS apply to all Subscribers and govern all Services such as the Game. Subscribers are also governed by the Subscription Terms, EULA, the Visitor Agreement and Privacy Policy. The Definitions, EULA, Subscription Terms, Visitor Agreement, and Privacy Policy are hereby incorporated by reference.
IMPORTANT – READ CAREFULLY: This is a legal agreement between you and Potential Games. It imposes certain restrictions on your use of the Game and other Services. Potential Games retains ownership of the Service, and no rights are granted to you other than a license to use the Service and Manual on the terms expressly set forth in these TOS. By using the Site, Game, any other Service, or Software you agree to be and are hereby bound by the terms of the TOS. If you do not agree to the terms of both these TOS and the EULA, you may not use the Game, any other Service or the Software (as further provided in the EULA).
Potential Games reserves the right to modify and update these TOS at any time by posting the amended TOS on the relevant site. The new TOS shall be effective immediately upon any such update. You are bound by any such revisions and should therefore periodically visit the relevant site to review the current TOS.
1. SUBSCRIPTION AND USER ACCOUNT REQUIRED
The Game is for use only by Subscribers with a valid Subscription, for the duration of the Subscription. Paid Subscriptions, and in some cases free trial Subscriptions, are available. You may find more information on Subscriptions at Subscription Terms.
Potential Games may, but is not required, to make certain Services (such as the ability to post on the Site) available to Members with a valid Account but without a Subscription. Potential Games may discontinue this availability at any time without notice to affected Members.
Before you obtain a Subscription, use the Service or download the Software, you must create an Account with a user name and password. There is no charge to create an Account or to download the Software (your normal Internet service provider charges may apply). To create an Account, you must provide Potential Games with certain personal information which will be used in accordance with the Potential Games Visitor Agreement and Privacy Policy.
To establish an Account, you must be a resident of the United States and at least 18 years old. A parent or legal guardian may establish an Account and Subscription for a child who is at least 13 years old but less than 18 years old. If you establish an Account for your child, you understand and agree that it is your responsibility as the legal guardian to determine whether the Service is appropriate for your child. You may not share the Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account when not in use by you. You are liable for all uses of the Account that you have enabled. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in the Account.
2. USER ACCOUNT, PASSWORD AND SECURITY
The Service requires you to open an Account and you must complete the registration process by providing Potential Games with current, complete and accurate information as prompted by the applicable registration form.
You hereby warrant that all information that you submit to Potential Games or to PayPal® relating to the Service is true and accurate (including, without limitation, your billing information) and you agree to pay all subscription fees you incur plus all applicable taxes. It is your responsibility to update and maintain the Account information.
You may only have one Account per player. Attempting to obtain multiple free trial periods constitutes fraud. Potential Games is not required to account for or give credit for redundant payments or subscriptions. Accounts and Subscriptions may not be assigned, transferred, or combined.
Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of these TOS, which may result in the immediate termination and deletion of the Account and any Subscription.
You are responsible for maintaining the confidentiality of your Account information.
You are responsible for any and all activities that occur under your Account. You agree to notify Potential Games immediately of any unauthorized use or theft of your Account or any other breach of security. Your Account is personal to you and you may not transfer or make your Account available to others. Any distribution by you of your Account or related information shall constitute a breach of these TOS, which may result in the immediate termination and deletion of the Account.
3. SUBSCRIPTION PLANS AND PAYMENT
Potential Games may offer various subscription plans for the Game and other Services. If you purchase a paid Subscription (not a free trial-only Subscription), you hereby authorize PayPal® to charge your PayPal® account in an amount equal to the subscription fees (plus any applicable taxes we are required to collect) associated with the subscription plan you have chosen, and to forward payment to Potential Games. You can find information regarding the subscription plans offered by Potential Games, including the duration, costs and billing procedures of such subscription plans, at Subscription Terms.
PayPal® will charge your PayPal® account the applicable Subscription fee (plus any applicable taxes we are required to collect) on the day you subscribe to the Service or a reasonable time thereafter, and will continue to charge your PayPal® account on a recurring basis pursuant to the terms of the subscription plan you have chosen, unless you cancel your Subscription in a timely manner before the next billing period. All Subscription fees are due and payable in United States dollars.
You must maintain a valid PayPal® account throughout your Subscription. If a charge is denied or reversed or PayPal® fails to remit payment to Potential Games for any reason, Potential Games shall have the right to suspend or terminate your Subscription and your access to the Service and/or terminate your Account. If your Account is suspended or terminated, your Account information, game state, and any Creative Content may be deleted without notice.
Your Subscription will continue and renew automatically until you cancel it with PayPal® or it is canceled or terminated by Potential Games in accordance with these TOS. Potential Games reserves the right (at its sole discretion) to cancel a Subscription, as well as alter or delete any content, or suspend or terminate Accounts. You authorize PayPal® to charge your PayPal® account, on or about the renewal date for your subscription, at the then current renewal rate (plus any applicable taxes that we are required to collect). You may cancel your Subscription at any time through PayPal®. Your cancellation will be effective at the end of any prepaid subscription period, and you will continue to have access to the Service until the conclusion of such period.
All fees paid are nonrefundable. You are not entitled to any refund for any amounts which were prepaid on behalf of the Account prior to any termination. Potential Games is not responsible for any error or omission of PayPal®.
If you have a balance due on your Account, Potential Games may take steps to collect payment due. You agree to reimburse Potential Games for all costs and expenses incurred by Potential Games in collecting payment due hereunder, including without limitation all bank or service charges, and reasonable attorneys' fees.
Potential Games may change its fees and external billing methods by updating these TOS and/or the Subscription Terms, as applicable, effective immediately after notice of these changes are given at the time you access the Service. You are responsible for reviewing the Site periodically to obtain timely notice of such changes.
You are solely responsible for (a) providing your own Internet access; (b) any telecommunication charges or other charges which you incur through downloading, access and use of the Service, including without limitation any premium charges and surcharges due to bandwidth consumption; and (c) any taxes payable by you in connection with such access and use.
4. GRANT OF LICENSE
Potential Games hereby grants you, as Subscriber, a nonexclusive, limited license to use the Service and Manual for noncommercial purposes, for the duration of your valid Subscription, subject to these TOS and the EULA, and subject to the following terms:
You may NOT:
(1) permit other individuals to use the Service or Software except under the terms of the TOS and the EULA;
(2) modify, translate, reverse engineer, decompile, disassemble, emulate, or otherwise reduce the Software (including without limitation the client software and any online service or content) to a human-perceivable form or create derivative works based upon the Service, the Software or the Manual;
(3) manipulate or interact with any part of the Service or related data in a manner not explicitly permitted by Potential Games;
(4) copy the Software or the Manual (except for backup purposes);
(5) resell, rent, lease, assign, distribute, or otherwise transfer rights to your Account, the Service, the Software or the Manual;
(6) transmit or distribute the Software or the Manual on the Internet, whether or not for any commercial purpose;
(7) use the Game or any other Service, the Manual or Software for any commercial purpose;
(8) remove any proprietary notices or labels on the Service, the Software or the Manual;
(9) sell any Creative Content, or create or sell any physical, digital or virtual items based on the Service or Creative Content (except to the extent you are the owner of Creative Content, and subject to Potential Games's rights therein);
(10) create or use an automating program, exploit, or other method outside the spirit of the game (as determined by Potential Games in its sole discretion) to attempt to gain an advantage over other users of the Game;
(11) submit any Creative Content that substantially incorporates or is based on another Subscriber's Creative Content without appropriate acknowledgement; or
(12) use the Service or Software for the purpose of investigating potential infringement of intellectual property rights.
Any use or transfer in violation of the above will lead to immediate, automatic termination of your rights to use the Service and Software, in addition to any other remedies that may be available to Potential Games, at law or in equity.
7. USER CONTENT
The Service allows Members to create Submitted Content (which includes allowing Subscribers to create Creative Content). To the extent that your Creative Content gives rise to any copyright interest, you hereby grant Potential Games a nonexclusive, perpetual, irrevocable, fully transferable and sublicensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Service and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.
You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to use and enjoyment by Potential Games and other users of Creative Content in connection with the Service and related goods and services under applicable law. This grant of license to Potential Games, and the above waiver of any applicable moral rights, survives any termination of these TOS. For example, and without limiting the provisions above, if you submit any Creative Content, you acknowledge and agree that any other person can make the same or different article using your Creative Content, other Creative Content, and other elements of the Game or other Services, and use it within the Game environment, without any compensation, attribution, or notice to you.
Your copyright, if any, in any Creative Content remains subject to all Potential Games copyrights.
8. ADDITIONAL RULES OF CONDUCT
The Rules of Conduct, found in the Visitor Agreement, apply to use of the Service as well as the Site, as well as any Creative Content created for use in the Game. In addition to those Rules of Conduct, the following rules of conduct apply to the Game:
(i) In all cases of creating Creative Content, you may not use any name or description that is vulgar or otherwise offensive, infringes any trademark or other rights, can be used to identify you or any other user, misrepresents or misleads, violates the spirit of the game, or is used in a way that violates these TOS.
(ii) When naming a player character (avatar), you may not use a name that is used by or substantially similar to another Member (either as a user name or avatar), misrepresents you as someone else, misrepresents your character as having any special designation (such as being a moderator or guide), or implies an affiliation with any other character, island, or clan (group of characters or players).
(iii) When naming a user-created island, you may not use a name that is used by or substantially similar to another Member's island, misrepresents your island as being affiliated with another Member's island, misrepresents that your island has any special designation, or includes any solicitous or attention-getting phrasing.
9. MODERATION POLICY
Potential Games may, but is not required, to moderate the Service. Potential Games may grant moderation privileges to other users.
Moderators have the right, but not the obligation, to moderate and monitor all Submitted Content and communications, and to delete any Submitted Content or communications which are deemed in conflict with Potential Games policies. Moderators may in their sole discretion take any action with respect to perceived violation of Potential Games policies, including but not limited to suspending and terminating a user's Account. Users are not entitled to a refund or other compensation for any play time or content lost due to moderation action.
10. INTERRUPTION OF SERVICE
Potential Games reserves the right to interrupt the Service on a regularly scheduled basis or otherwise with or without prior notice. You agree that Potential Games will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Service may be interrupted for reasons beyond the control of Potential Games, and Potential Games cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Potential Games shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
Potential Games has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
11. TERMINATION
Your Account, your Subscription and your right to use the Service and the Software shall terminate automatically if you fail to comply with the provisions of these TOS or the EULA. No notice shall be required from Potential Games to effectuate such termination. Upon termination, you must destroy all copies of the Software and Manual.
12. LIMITED WARRANTY
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY OTHER APPLICABLE STATUTORY WARRANTIES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THE USE OF THE GAME, HEREUNDER THE QUALITY AND PERFORMANCE OF THE GAME IS AT YOUR SOLE RISK. SHOULD THE GAME PROVE DEFECTIVE, YOU (AND NOT POTENTIAL GAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE.
Potential Games does not warrant that the operation of the Service will be uninterrupted or error free. Potential Games does not warrant that the Service will operate on particular hardware or in combination with particular operating systems or other software.
13. LIMITATION OF REMEDIES
The entire liability of Potential Games, and your exclusive remedy, for any breach by Potential Games shall be limited to the refund of any unearned subscription fee plus actual damages not to exceed one (1) month's subscription fee.
IN NO EVENT WILL POTENTIAL GAMES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE GAME OR SUBMITTED CONTENT EVEN IF POTENTIAL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. GOVERNING LAW AND JURISDICTION
These TOS will be governed by the laws of the State of Ohio, U.S.A., without reference to conflict of law principles. Any dispute relating to these TOS or the Service is subject to the exclusive jurisdiction of the Court of Common Pleas of Tuscarawas County, Ohio, U.S.A., and the United States District Court for the Northern District of Ohio, Eastern Division.
15. ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT (TOGETHER WITH THE OTHER DOCUMENTS INCORPORATED BY REFERENCE) IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
These TOS are not intended to confer any rights upon any other Subscriber as a third party beneficiary.
All users under the age of 18 are required to have a parent or guardian read and accept these TOS on their behalf. Individuals under the age of 13 are prohibited from using or subscribing to the Service.
16. SEVERABILITY
If any provision of these TOS is invalid or unenforceable for any reason, it will be deemed amended the minimum amount necessary to permit its enforcement.
17. FORCE MAJEURE
The Service is an online game and requires Internet access. In the event of Internet failure, or any other event beyond the control of Potential Games, the Game and other Services could be interrupted and game state or Creative Content could be lost. Potential Games may, at its sole discretion, take reasonable efforts to resume the lost data, including game state and Creative Content. Potential Games is not liable for any Internet failure, interruption of play or loss of data.
18. HEALTH NOTICE
Use of the Internet or any video game may have negative health effects. Consult your physician prior to playing. Always play responsibly and in a manner to avoid causing or aggravating any health condition.
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Version Date: Sep 21, 2011