FLAGSHIP STUDIOS, INC. MYTHOS TERMS OF SERVICE
Updated Version: March 7, 2007
Welcome to the mythos.com website (the "Site") and the Mythos online game. Please read the following Terms of Service carefully before using the Site, opening a Mythos game membership account ("Account") or downloading the Software (as defined below), so that you are aware of your legal rights and obligations with respect to Flagship Studios, Inc., Ping0, LLC, their affiliates, parent companies, licensees and subsidiaries (individually and collectively, "we," "us," or "Flagship").
By using this Site, opening an Account or using the Software and/or the Service (defined below), you signify your irrevocable acceptance of this Terms of Service. Flagship has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of the Site, the Software, the Service and/or your Account shall be deemed irrevocable acceptance of those revisions.
Flagship reserves the right to change, modify, suspend or discontinue any portion of the Site, the Software and/or the Service at any time. Flagship may also impose limits on certain features or restrict your access to all or parts of the Site in its sole discretion and without notice or liability to you.
As used in this Terms of Service:
(a) the term, "Software," includes:
the Mythos client software which installs on your computer,
any other software associated with the Mythos game which is owned, controlled or licensed by Flagship including, without limitation, software installed on your computer and/or server software utilized with the Service, and
any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you;
(b) and the term "Service" means the online game services related to the Software.
1. Description of the Site and the Software
This Site allows you to create an Account, download the Software and to obtain information regarding the Software. To access this Site, you will need an access key that is provided to you by Flagship (the "Key"). You will be asked to provide information regarding your Account before you can use the Software and the Service. You cannot use the Software or the Service without a valid Account. The Software is a multiplayer online role playing game which allows you to create characters (each a "Character"), collect in-game currency and items (each, an "Item") through battling monsters, engaging in in-game tasks, and through trading with other players, and interact with other Account members.
2. Privacy
Your privacy is very important to us at Flagship. To better protect your rights we have provided the mythos.com Privacy Statement to explain our privacy practices in detail.
3. Limited License
Flagship grants you a limited license to access and use the Site and the Software subject to the terms and conditions of this Terms of Service and EULA (the "EULA"). However, this license does not allow you to make any commercial use or any derivative works or use of this Site or the Software (including any of its individual elements or content).
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Flagship's trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, graphics, or the layout and design of any page or form contained on a page) without Flagship's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Flagship name, trademark, URL, or product name without Flagship's express written consent.
When you begin installation of the Software, you will be provided with opportunity to read the EULA. If you accept the EULA, you will be granted a limited license to install and use the Software subject to its terms and conditions.
4. Use of Materials
All materials transmitted or published by Flagship on the Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by Flagship, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright, trademark, and other laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Software to modify the colors, appearance or designs of your Items or Characters) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
You hereby acknowledge and agree that:
YOUR CHARACTERS AND ITEMS ARE THE SOLE AND EXCLUSIVE PROPERTY OF FLAGSHIP AND THAT YOU HAVE NO CLAIM, RIGHT, TITLE OR INTEREST IN AND TO ANY OF YOUR CHARACTERS AND/OR ITEMS OTHER THAN THE LICENSE GRANTED TO YOU TO USE YOUR CHARACTERS, AND/OR ITEMS AS COMPONENT PARTS OF THE SOFTWARE; AND
FLAGSHIP AND/OR ITS BUSINESS PARTNERS SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OF, OR ANY OTHER DAMAGE OF ANY KIND CAUSED TO YOUR CHARACTERS, AND/OR ITEMS, INCLUDING, WITHOUT LIMITATION, DELETION OF YOUR CHARACTERS AND/OR ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
5. Accounts and Security
To use aspects of the Site, the Software or the Service, you must register with Flagship to open an Account. As part of the registration process, each user will select a password and user name. You shall provide Flagship with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that Flagship, in its sole discretion, deems inappropriate or offensive; or otherwise (iv) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
You agree to notify Flagship of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Service under your user name and password.
Flagship may immediately terminate your Account, or suspend your access to your Account, in its sole discretion without notice for any reason or no reason at all, including, without limitation, for conduct that Flagship believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Flagship; or (iii) harmful to other users, third parties, or the business interests of Flagship. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Flagship, or a claim which in any way involves Flagship, then Flagship may terminate your Account. Upon termination of your Account by Flagship for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Flagship will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use this Site, download the Software and/or open an Account if your applicable jurisdiction allows you to (i) accept this Terms of Service and the EULA, and (ii) install and use the Software and the Service. If you are at least 13 years old but younger than 18 years old, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to this Terms of Service, our Privacy Statement and the EULA. If you are younger than 13 years old, you are not allowed to create an Account or to use the Site the Software or the Service.
6. Online Conduct and User Content
Please exercise respect when participating in any of the Site's, the Software's and/or the Service's community features such as forums, bulletin boards, chats, voice chat, etc. ("User Venues"). You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through User Venues, is the sole responsibility of the person from which such Content originated. This means that you, and not Flagship, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the User Venues. Flagship does not control the Content posted or transmitted via the User Venues and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, the Software and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to Flagship through the User Venues.
Notwithstanding anything to the contrary, you promise that you will not:
remove any proprietary notices from this Site, the Software or any copy thereof;
cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of Flagship;
sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
make any false, misleading or deceptive statement or representation regarding Flagship, the Site, the Software and/or the Service;
export or re-export the Software in violation of United States export laws;
use the Site, the Software or the Service for any commercial purpose or the benefit of any third party, or any manner not permitted by the licenses granted herein or charge any person, or receive any compensation for, the use of the Site, the Software or the Service;
copy the Software (other than as provided under United States copyright laws);
access, create or modify source code of the Software in any way;
use the Site, the Software or the Service to, or in any way that would, violate any applicable law, regulation or ordinance;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Key, Account, password, Characters, or Items (except to the extent that Items are traded between Characters without any type of "real money" or "out of game" exchange), including, without limitation, on or through the use of any third party web site or service;
use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Software or the Service;
use the Site, the Software or the Service for fraudulent purposes, including, without limitation, cheating or Character, and/or Item duplication, tampering, or "farming";
attempt to decompile, reverse engineer, disassemble or hack the Site, the Software or the Service, or to defeat or overcome any encryption and/or digital rights management technology implemented by Flagship with respect to this Site, the Software, the Service and/or data transmitted, processed or stored by Flagship, the Site, the Software or the Service;
take any steps to interfere with or in any manner compromise any of Flagship's security measures;
harvest or collect any information or communication about the Site, the Software or the Service or users of the Software or Service by monitoring, interdicting or intercepting any process of the Site, the Software or the Service;
use the Site, the Software or the Service to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, (E) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site, the Software or the Service, (F) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (G) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
Any time you upload, post or transmit Content to the User Venues, including but not limited to forums, bulletin boards or chats, you automatically grant Flagship a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the Content posted by you in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Content in advertising, promotion and publicity for the Site, the Software, the Service and Flagship's and/or its affiliates' other products and services, in any and all media now known or hereafter devised. Additionally, any modifications you make to your Character and/or Items ("Modifications") shall be deemed the property of Flagship. You hereby assign all of your right, title and interest in and to the Modifications and Flagship shall exclusively own all now known or hereafter existing rights to such Modifications for any purpose whatsoever, commercial or otherwise, without any compensation to you and you appoint Flagship, its duly authorized officers and its agents, as your attorney-in-fact to execute and file documents and do all other lawfully permitted acts to effectuate the purpose of this paragraph with the same legal force and effect as if executed by you. You further waive all rights of "droit moral" or "moral rights of authors or creators" and/or similar rights or principals of law which you may now or hereafter have in any such Modifications or Content.
7. Disclaimer
THE SITE, THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FLAGSHIP OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE, THE SOFTWARE AND/OR THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS DO NOT WARRANT THAT THE SITE, THE SOFTWARE, THE SERVICE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE, THE SOFTWARE. THE SERVICE AND/OR THE SERVERS THAT MAKE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE THE SOFTWARE AND/OR THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
8. Limitation of Liability
IN NO EVENT SHALL FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR THE SERVICE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THE SITE AND CEASE USE OF THE SOFTWARE AND THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
9. Links to Third Party Sites
The links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Flagship in any manner whatsoever. Therefore, Flagship is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Flagship is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Flagship of any linked site and/or any of its content therein.
10. Term of Use
The license for use of the Site, Software and the Service is effective until terminated. This license will terminate as set forth within this Terms of Service and/or the EULA or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Flagship to effect such termination. Sections 4, 5, and 7 through 17 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site, the Software or the Service.
11. Your Representations and Warranties
You represent and warrant that:
you possess the legal right and ability to enter into this Terms of Service and the EULA and to comply with their terms;
you will use this Site, the Software and the Service for lawful purposes only and in accordance with this Terms of Service and the EULA and all applicable laws, regulations and policies;
you will only use the Site, the Software and the Service on a computer on which such use is authorized by the computer's owner; and
you are over 13 years of age.
12. Indemnity
You agree to indemnify, defend and hold harmless Flagship, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of the Site, the Software or the Service.
13. Notification of Possible Copyright Infringement
Flagship may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Flagship to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
Flagship will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify Flagship's Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(c) a description of the exact name of the infringing work on the Site (and the location of the infringing work, if it appears on the Site) or if the infringing work appears on a site linked to from the Site where the material that you claim is infringing is located on such site;
(d) information sufficient to permit Flagship to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach Flagship's Copyright Agent for Notice of claims of copyright infringement:
By email:
copyright@flagshipstudios.com
By mail:
Copyright Agent
Flagship Studios, Inc.
221 King Street, #218
San Francisco, CA 94107-1756
By telephone:
(415) 489-1422
By fax:
(415) 358-8933
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site. All other inquiries directed to the Copyright Agent will not be responded to.
14. Export Control Law; Notice to U.S. Government Users
The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any countries embargoed under U.S. law. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading the Software or using this Site, you are certifying that you are not a national of any country embargoed under U.S. law and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Flagship products and publications are commercial in nature. The Software and documentation available on the Site are "Commercial Items," as that term is defined at 48 C.F.R. ©2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ©12.212 or 48 C.F.R. ©227.7202, as applicable. Consistent with 48 C.F.R. ©12.212 or 48 C.F.R. ©©227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. Severability
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Copyright
Flagship holds the copyright for all copyrighted and copyrightable materials on the Site and the Software, including, without limitation, the Flagship trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. Flagship holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to Flagship. The collective work may also include works that are the property of Flagship's licensors, which are also protected by copyright and other intellectual property laws.
17. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Flagship used herein are trademarks or registered trademarks of Flagship. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
18. Miscellaneous
Flagship reserves all rights not expressly granted herein. Flagship may modify this Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site, the Software and/or the Service shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Flagship. The failure of Flagship at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Flagship or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in San Francisco, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to the Site, the Software and the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: legal@flagshipstudios.com.
Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: Flagship Studios has an address at 221 King Street, #218 San Francisco, CA 94107-1756 and is engaged in the development of computer games and services for distribution worldwide. Currently there are no charges to the consumer for use of Flagship web site, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages relating to each purchase, e-mailed to the consumer after said purchase. Flagship publishes its payment methods and sales tax policy on the mythos.com web site. Flagship reserves the right to change its pricing.
Please feel free to contact our affiliate to resolve a complaint regarding any aspect of our service by writing to the address above or by emailing customercare@ping-0.com.
If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Software, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
©2007 Flagship Studios, Inc. All rights reserved.
Updated Version: March 7, 2007
Welcome to the mythos.com website (the "Site") and the Mythos online game. Please read the following Terms of Service carefully before using the Site, opening a Mythos game membership account ("Account") or downloading the Software (as defined below), so that you are aware of your legal rights and obligations with respect to Flagship Studios, Inc., Ping0, LLC, their affiliates, parent companies, licensees and subsidiaries (individually and collectively, "we," "us," or "Flagship").
By using this Site, opening an Account or using the Software and/or the Service (defined below), you signify your irrevocable acceptance of this Terms of Service. Flagship has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of the Site, the Software, the Service and/or your Account shall be deemed irrevocable acceptance of those revisions.
Flagship reserves the right to change, modify, suspend or discontinue any portion of the Site, the Software and/or the Service at any time. Flagship may also impose limits on certain features or restrict your access to all or parts of the Site in its sole discretion and without notice or liability to you.
As used in this Terms of Service:
(a) the term, "Software," includes:
(b) and the term "Service" means the online game services related to the Software.
1. Description of the Site and the Software
This Site allows you to create an Account, download the Software and to obtain information regarding the Software. To access this Site, you will need an access key that is provided to you by Flagship (the "Key"). You will be asked to provide information regarding your Account before you can use the Software and the Service. You cannot use the Software or the Service without a valid Account. The Software is a multiplayer online role playing game which allows you to create characters (each a "Character"), collect in-game currency and items (each, an "Item") through battling monsters, engaging in in-game tasks, and through trading with other players, and interact with other Account members.
2. Privacy
Your privacy is very important to us at Flagship. To better protect your rights we have provided the mythos.com Privacy Statement to explain our privacy practices in detail.
3. Limited License
Flagship grants you a limited license to access and use the Site and the Software subject to the terms and conditions of this Terms of Service and EULA (the "EULA"). However, this license does not allow you to make any commercial use or any derivative works or use of this Site or the Software (including any of its individual elements or content).
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Flagship's trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, graphics, or the layout and design of any page or form contained on a page) without Flagship's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Flagship name, trademark, URL, or product name without Flagship's express written consent.
When you begin installation of the Software, you will be provided with opportunity to read the EULA. If you accept the EULA, you will be granted a limited license to install and use the Software subject to its terms and conditions.
4. Use of Materials
All materials transmitted or published by Flagship on the Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by Flagship, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright, trademark, and other laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Software to modify the colors, appearance or designs of your Items or Characters) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
You hereby acknowledge and agree that:
5. Accounts and Security
To use aspects of the Site, the Software or the Service, you must register with Flagship to open an Account. As part of the registration process, each user will select a password and user name. You shall provide Flagship with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that Flagship, in its sole discretion, deems inappropriate or offensive; or otherwise (iv) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
You agree to notify Flagship of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Service under your user name and password.
Flagship may immediately terminate your Account, or suspend your access to your Account, in its sole discretion without notice for any reason or no reason at all, including, without limitation, for conduct that Flagship believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Flagship; or (iii) harmful to other users, third parties, or the business interests of Flagship. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Flagship, or a claim which in any way involves Flagship, then Flagship may terminate your Account. Upon termination of your Account by Flagship for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Flagship will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use this Site, download the Software and/or open an Account if your applicable jurisdiction allows you to (i) accept this Terms of Service and the EULA, and (ii) install and use the Software and the Service. If you are at least 13 years old but younger than 18 years old, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to this Terms of Service, our Privacy Statement and the EULA. If you are younger than 13 years old, you are not allowed to create an Account or to use the Site the Software or the Service.
6. Online Conduct and User Content
Please exercise respect when participating in any of the Site's, the Software's and/or the Service's community features such as forums, bulletin boards, chats, voice chat, etc. ("User Venues"). You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through User Venues, is the sole responsibility of the person from which such Content originated. This means that you, and not Flagship, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the User Venues. Flagship does not control the Content posted or transmitted via the User Venues and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, the Software and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to Flagship through the User Venues.
Notwithstanding anything to the contrary, you promise that you will not:
Any time you upload, post or transmit Content to the User Venues, including but not limited to forums, bulletin boards or chats, you automatically grant Flagship a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the Content posted by you in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Content in advertising, promotion and publicity for the Site, the Software, the Service and Flagship's and/or its affiliates' other products and services, in any and all media now known or hereafter devised. Additionally, any modifications you make to your Character and/or Items ("Modifications") shall be deemed the property of Flagship. You hereby assign all of your right, title and interest in and to the Modifications and Flagship shall exclusively own all now known or hereafter existing rights to such Modifications for any purpose whatsoever, commercial or otherwise, without any compensation to you and you appoint Flagship, its duly authorized officers and its agents, as your attorney-in-fact to execute and file documents and do all other lawfully permitted acts to effectuate the purpose of this paragraph with the same legal force and effect as if executed by you. You further waive all rights of "droit moral" or "moral rights of authors or creators" and/or similar rights or principals of law which you may now or hereafter have in any such Modifications or Content.
7. Disclaimer
THE SITE, THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FLAGSHIP OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE, THE SOFTWARE AND/OR THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS DO NOT WARRANT THAT THE SITE, THE SOFTWARE, THE SERVICE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE, THE SOFTWARE. THE SERVICE AND/OR THE SERVERS THAT MAKE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE THE SOFTWARE AND/OR THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
8. Limitation of Liability
IN NO EVENT SHALL FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF FLAGSHIP, ITS AFFILIATES AND/OR BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR THE SERVICE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THE SITE AND CEASE USE OF THE SOFTWARE AND THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
9. Links to Third Party Sites
The links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Flagship in any manner whatsoever. Therefore, Flagship is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Flagship is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Flagship of any linked site and/or any of its content therein.
10. Term of Use
The license for use of the Site, Software and the Service is effective until terminated. This license will terminate as set forth within this Terms of Service and/or the EULA or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Flagship to effect such termination. Sections 4, 5, and 7 through 17 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site, the Software or the Service.
11. Your Representations and Warranties
You represent and warrant that:
12. Indemnity
You agree to indemnify, defend and hold harmless Flagship, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of the Site, the Software or the Service.
13. Notification of Possible Copyright Infringement
Flagship may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Flagship to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
Flagship will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify Flagship's Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(c) a description of the exact name of the infringing work on the Site (and the location of the infringing work, if it appears on the Site) or if the infringing work appears on a site linked to from the Site where the material that you claim is infringing is located on such site;
(d) information sufficient to permit Flagship to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach Flagship's Copyright Agent for Notice of claims of copyright infringement:
By email:
copyright@flagshipstudios.com
By mail:
Copyright Agent
Flagship Studios, Inc.
221 King Street, #218
San Francisco, CA 94107-1756
By telephone:
(415) 489-1422
By fax:
(415) 358-8933
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site. All other inquiries directed to the Copyright Agent will not be responded to.
14. Export Control Law; Notice to U.S. Government Users
The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any countries embargoed under U.S. law. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading the Software or using this Site, you are certifying that you are not a national of any country embargoed under U.S. law and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Flagship products and publications are commercial in nature. The Software and documentation available on the Site are "Commercial Items," as that term is defined at 48 C.F.R. ©2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ©12.212 or 48 C.F.R. ©227.7202, as applicable. Consistent with 48 C.F.R. ©12.212 or 48 C.F.R. ©©227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. Severability
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Copyright
Flagship holds the copyright for all copyrighted and copyrightable materials on the Site and the Software, including, without limitation, the Flagship trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. Flagship holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to Flagship. The collective work may also include works that are the property of Flagship's licensors, which are also protected by copyright and other intellectual property laws.
17. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Flagship used herein are trademarks or registered trademarks of Flagship. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
18. Miscellaneous
Flagship reserves all rights not expressly granted herein. Flagship may modify this Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site, the Software and/or the Service shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Flagship. The failure of Flagship at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Flagship or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in San Francisco, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to the Site, the Software and the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: legal@flagshipstudios.com.
Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: Flagship Studios has an address at 221 King Street, #218 San Francisco, CA 94107-1756 and is engaged in the development of computer games and services for distribution worldwide. Currently there are no charges to the consumer for use of Flagship web site, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages relating to each purchase, e-mailed to the consumer after said purchase. Flagship publishes its payment methods and sales tax policy on the mythos.com web site. Flagship reserves the right to change its pricing.
Please feel free to contact our affiliate to resolve a complaint regarding any aspect of our service by writing to the address above or by emailing customercare@ping-0.com.
If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Software, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
©2007 Flagship Studios, Inc. All rights reserved.
Flash is onCopyright Flagship Studios, Inc. 2007. All rights reserved.
Mythos, Flagship Studios, the Mythos logo and Flagship Studios logos are the trademarks and/or registered trademarks of Flagship Studios, Inc.
Ping0 and the Ping0 logo are trademarks and/or registered trademarks of Ping0 Interactive Limited throughout the world.
