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 Post subject: User Agreement
PostPosted: 2013-08-06 4:22 
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING WITH A TOIVON GAME. BY REGISTERING AN ACCOUNT UNDER THE COMPANY TOIVON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS DOCUMENT (HEREINAFTER KNOWN AS THE “AGREEMENT”) AND ACCEPT THE CONDITIONS UNDER TOIVON. IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DO NOT REGISTER AND EXIT YOUR TOIVON GAME (WHICH WILL AT TIMES BE REFERRED TO IN THIS AGREEMENT AS “THE GAME”).

Welcome to this Toivon game. The game is comprised of two components: (1) the software program along with any accompanying materials or documentation (collectively, the "Game Client"), and (2) the Company’s online services (the “Service").

Security of Personal Information
You are solely responsible for the security of your personal information. Toivon chatrooms and forums are public and open to all players. DO NOT disclose your personal information, including but not limited to your account password, name, telephone number, physical address, email address, financial information, and social security number.

Posting the personal information of others without their consent is prohibited. This includes, but is not limited to: email correspondence, contact information, photographs, and financial information.

In the event that you become aware of or reasonably suspect any breach in security, including any loss, theft, or unauthorized disclosure of your login information, you should immediately notify Toivon Support by emailing support@toivon.com.

License Limitations
You may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client provided by Toivon. You may not use the Service for any other purpose, or in connection with any other software.

You agree that you will not, under any circumstances:

A. exploit the game or any of its parts, including the Service, for any commercial purpose. This includes but is not limited to (a) gathering in-game currency, items or resources for sale outside the game; or (b) performing in-game services in exchange for payment outside the game;

B. use cheats, bots, hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the game;

C. use any unauthorized third-party software that intercepts, "farms", or otherwise collects information from or through the Game or the Service; provided that the Company may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

D. modify or cause modification to any files that are a part of the Game Client or the Service in any way not expressly authorized by Toivon;

E. facilitate, create, or maintain any unauthorized connection to the Game or the Service, including (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by the Company;

OR

F. participate in reverse engineering, decompilation, and disassembly. You may not reverse engineer, decompile, or disassemble any Toivon game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Accounts
Each device has a restricted number of account registrations.

The registration process requires you to register an account on a Toivon game with a username, password, and email address (collectively referred to hereunder as "Login Information").

Never give out your password or allow someone else to use your password. Toivon is not responsible for any damage done to your account as a result of a lost or shared password, and therefore may be unable to restore the damage.

Any player who accesses another’s account without authorization is in violation of the Agreement and will have his/her own account immediately and permanently deleted from the game.

In the event that you become aware of or reasonably suspect any breach in security, including any loss, theft, or unauthorized disclosure of your login information, you must immediately notify Toivon Support by emailing support@toivon.com.

No Selling of the Account or Virtual Items
Toivon does not recognize the transfer of accounts over its games. You may not purchase, sell, gift, or trade any account. You also cannot offer to purchase, sell, gift or trade any account. Any such attempt shall be null and void. Toivon owns, has licensed, or otherwise has rights to all of the content that appears in the game. You agree that you have no right or title in or to any such content, including but not limited to the virtual goods or currency appearing or originating in the game, or any other attributes associated with the account or stored in the Service. Toivon does not recognize transfers of virtual property executed outside of Toivon, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the game. You may not sell in-game items or currency for "real" money, or exchange those items or currency for anything of value outside the game.

No Ownership Rights in Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT AND THAT THE ACCOUNT IS UNDER THE SOLE OWNERSHIP OF THE COMPANY.

Account Suspension/Deletion
THE COMPANY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS, WITH OR WITHOUT NOTICE TO YOU. Most account suspensions, terminations and/or deletions are the result of violations of this Agreement.

Ownership
All rights and titles in and to the Service (including but limited to user accounts, titles, objects, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game Client, transcripts of the chat rooms, character profile information, recordings of games played using the game Client, and the game Client and server software) are owned by Toivon and/or its licensors. Toivon games and their Service are protected by the United States and international laws, and may contain certain licensed materials in which Toivon’s licensors may enforce their rights in the event of any violation of this Agreement.

Code of Conduct
The rules hereunder must be enforced to ensure a clean, friendly, and civilized atmosphere in Toivon games. All users must thereby adhere to these rules.Usernames and Guild NamesEach user will select a username. Users may form "guilds" which require names as well. When choosing a username or creating an alliance, you must abide by the following guidelines as well use your own reasonable judgement. If Toivon Support finds a name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the name and corresponding alliance, and/or suspend or terminate your use of the Service. In particular, you may not use any name that:

A. That incorporates vulgar language or is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;

B. Relates to DRUGS, SEX, ALCOHOL, or CRIMINAL ACTIVITY;

C. Violates the rights of any other individual or entity without written authorization from that individual or entity;

D. Attempts to impersonate another person, including but not limited to another player, a staff member, or an agent of the company

E. Impersonates any popular culture figure, celebrity, or media personality;

F. Belonging to any religious figure or deity;

G. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.

"Chat" and Interaction With Other Users
Communicating in-game or through the Toivon forums with other users and the Company representatives, whether by text or any other method, is an integral part of the game and the Service and is referred to here as "Chat." When engaging in Chat, you may NOT:

A. Discuss illegal activities. Illegal activities include, but are not limited to illegal drugs, fraud, violence, hacking, software piracy and sexual harassment.

B. Transmit or post any content or language which, in the sole and absolute discretion of Toivon is deemed to be offensive, including but not limited to content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

C. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, including but not limited to posting commercial solicitations and/or advertisements for goods and services available outside of the game;

D. Repeatedly posting similar messages in Chat or sending repeated unsolicited or unwelcome messages to a single user, including but not limited to continuous advertisements to sell goods or services;

E. Communicate or post any user's personal information in-game, on Toivon’s official website, or on forums without the user’s consent;

F. Harass, threaten, stalk, embarrass, distress, discomfort, or give unwanted attention to any players on Toivon games;

G. Participate in any action that results or may result in an authorized user of the game being scammed out of gold, resources, or any other items that user has earned through authorized game play in the game;

H. Impersonate any real person, including but not limited to any Toivon employee or agent. You must not make others believe that your messages are server messages or were otherwise posted by any Toivon employee or agent.

I. Use or share any account with others. Please understand that disciplinary action may be applied if you are caught.

Game Play
Game play is what Toivon games are all about, and Toivon Studio strictly enforces the rules that govern game play. Toivon considers most conduct to be part of the game. Nonetheless, certain acts go beyond what is "fair" and are considered to be serious violations of this User Agreement. Those acts include, but are not necessarily limited to, the following:

A. Using, exploiting, or intentionally concealing errors in design, features which have not been documented, and/or "program bugs" to gain access to features that are otherwise not available, or to obtain an unfair advantage over other players. If you find a bug in the game you must report it to Toivon Support as soon as possible.

B. Anything that Toivon considers to be contrary to the "essence" of the game.

Disciplinary Measures
In the event that a player violates any of the rules, Toivon Support may, in their sole discretion, take disciplinary measures which include warnings, mutes, and bans. Once a player is banned, his/her device will be blocked from registration. If rules are violated, Toivon Support has the right to modify or delete your account without prior notice.
These rules are not meant to be all-inclusive, and the Company reserves the right to determine what conducts are deemed to be inappropriate and to take such disciplinary measures as it sees fit, up to and including terminations and deletions of accounts. The Company reserves the right to modify this Code of Conduct at any time.

Changes to the User Agreement or the Game
Toivon reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement at any time. Toivon may change, modify, suspend, or discontinue any aspect of the game at any time. Toivon may also impose limits on certain features or restrict your access to parts or all of the game without notice or liability. However, material changes (as determined bu Toivon’s sole and absolute discretion) will be disclosed as follows: Toivon will provide you with notification of any such changes by email, website posting, pop-up screen, or in-game notice. Your continued participation in the game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

Refund Policy
You may terminate this Agreement by terminating your account and discontinuing access to the game client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement.

Disclaimer
THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND THE COMPANY DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSSES OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING, WITHOUT LIMITATION: LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. UNDER NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including but not limited to any failure due to unforeseen circumstances or causes beyond the Company's control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Acknowledgments
You hereby acknowledge and agree that:
WHEN RUNNING, TOIVON GAMES MAY MONITOR YOUR DEVICE'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH TOIVON GAMES. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH A TOIVON GAME, WOULD CONSTITUTE A VIOLATION OF TERMS OF THIS AGREEMENT. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE COMPANY MAY (a) COMMUNICATE INFORMATION BACK TO THE COMPANY, INCLUDING BUT NOT LIMITED TO THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

WHEN THE GAME IS RUNNING, THE COMPANY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR DEVICE AND ITS OPERATING SYSTEM, INCLUDING BUT NOT LIMITED TO YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.

THE COMPANY MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE.

BY REGISTERING, YOU AGREE THAT YOU HAVE READ AND ACCEPT OUR TERMS OF USE AND ALSO CONSENT TO RECEIVING EMAILS FROM HAYPI REGARDING PASSWORD RETRIEVAL, ACCOUNT MANAGEMENT, AND PERIOD SPECIAL OFFERS.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING USER AGREEMENT AND AGREE THAT MY PARTICIPATION IN THIS GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
© 2012-2013 Toivon Studio. All rights reserved.


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