ShadeFell ® Terms & Conditions
"ShadeFell", (the "GAME") is developed and operated by Voltaic Island Games Ltd, Scotland ("US", or "WE").
By registering on the website ("WEBSITE"), clicking on the "ACCEPT" or "I AGREE" button to enter the game, the user ("YOU") agrees that this Terms Of Service ("TERMS") is an enforcable legally binding document. If you do not agree to any or all of the provisions of these Terms; click on the button that indicates that you do not agree to accept the terms, cease using or visiting the game and website.
ONCE YOU AGREE TO THIS TERMS OF SERVICE AND THE END USER LICENSE AGREEMENT FOR THIS GAME AND SERVICE, YOU WILL NO LONGER BY ELIGIBLE FOR ANY REFUND OR PARTIAL REFUND FOR ANY PAYMENTS MADE BY YOU FOR USE OF THE GAME CLIENT OR THE SERVICE.
The game consists of two parts; the GAME CLIENT, and the online SERVICE.
- Grant Of Limited License
- Additional License Limitations
- Requirements
- Accessing The Service
- Account Suspension/Termination/Cancelation
- Ownership
- Restrictions And Conditions Of Use
- Dispute Resolution
- Access To Computer Data
- General
Grant Of Limited License
Subject to your agreement and continuing compliance with these Terms, you may use the Service solely for your own non-commercial, non-professional entertainment purposes by accessing the Service from within a web browser or authorised, unmodified Game Client. You many not use the Service for any other purpose, or using any other method.
Additional License Limitations
Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Voltaic Island Games copyrights in and to the Service and/or Game Client. You agree that you will not, under any circumstances:
- Use cheats, automation software (bots, boxing), hacks, mods, macros, or any other third party software designed to modify, enhance, or otherwise alter the Service, the Game Client, or the Game experience, without express written consent from Voltaic Island Games.
- Exploit the Game or any part thereof for any purpose, commercial or otherwise. Exploit bugs or glitches in the Service and/or Game for any purpose or gain either real or virtual.
- Intercept, redirect, or emulate the communication protocols used by the Game in any way for any purpose.
- Facilitate, create, or maintain any unauthorised connection to the Game not expressly approved by Voltaic Island Games.
- Use any unauthorised third party software that intercepts, mines, or otherwise collects information from or through the Game; including but not limited to file reading, RAM reading, or network traffic reading.
- Disrupt or assist in the disruption of the Service, Game Client, or Site. Any such attempt to disrupt the Service or undermine the legitimate operation of the Game may be a violation of criminal and civil laws.
Requirements
Before using the Service, you must agree to the provisions of these Terms, the EULA, the Privacy Policy, and Code of Conduct relating to the Game. Additionally, you acknowledge that you are responsible for any Internet connection and service fees that you incur when accessing the Service or the Game Client.
Accessing The Service
- Account Eligibility You may establish a Service account only if you are a natural person, at least 18 years of age, and the age of majority in your place of residence and legally able to enter into and be bound by such an agreement according to the laws of your country.
- username And Password During the account creation process, you will be required to select a username and password. You may not share these details with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of these details and will be responsible for all uses of these details, including purchases whether or not authorised by you. In addition, should you become aware of or reasonably suspect any breach of security, including loss, theft, or unauthorised use of your account or disclosure of username/password you must immediately notify Voltaic Island Games at support@outlands-untamed.com.
- Character Names You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or that misappropriates or infringes the rights of any third party, or falsely indicative of an association with Voltaic Island Games. Voltaic Island Games may modify any name or notify to be changed any name that does not bide by these rules, or the spirit of these rules. Further more, any name not within the spirit of the fantasy setting of Wayward Vale, may also be changed, modified, or ordered to be changed, by Voltaic Island Games.
- Fraud Prevention To protect our customer accounts we may require a photo ID that has been issued by a Government agency in order to recover your account or provide other assisstance to you. In these cases, we are careful to comply with laws designed to protect your security and fo not store the provided identification. If we cannot authenticate your identity, we may not be able to provide assisstance.
Account Suspension/Termination/Cancelation
Voltaic Island Games may suspend, terminate, modify, or delete any account(s) at any time for any reason or for no reason, with or without notice to you. You acknowledge that any and all Game assets and/or accounts may be deleted, altered, moved, or transferred at any time for any reason or no reason at all, including without limitation for any violation of these Terms, the EULA, the Privacy Policy, or Code of Conduct at the sole and exclusive discretion of Voltaic Island Games. Voltaic Island Games expressly disclaims any value, cash or otherwise attributed to any data residing on servers operated by Voltaic Island Games or it's suppliers including but not limited to; game assets. You understand that Voltaic Island Games has the right to remove any game assets in whole or in part at any time for any reason or no reason, with or without notice and without liability of any kind to you. You may cancel your account registered to you at any time by following the instructions on the Site. In the event that you terminate or breach these Terms you will forfeit your right to any and all payments you may have made for pre-purchased Game access or otherwise relating to the Services. You acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to the termination of these Terms.
Ownership
- Game Client and Service The Game Client and the Service including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recording of any portion of the Game using the Game Client, Server softeare, or otherwise, are copyrighted works owned or licenced for use by Voltaic Island Games. Any reproduction or redistribution of the Game not in accordance with any policy or agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
- Account You acknowledge and agree that you shall have no ownership or other property interest in the accoun, and that the account shall be forever owned by and inure solely to the benefit of Voltaic Island Games. You may not purchase, sell, gift, or trade any annount, or offer to purchase, sell, gift, or trade any account and any such attempt shall be null and void, and will result in the loss of said account(s).
- Virtual Items You agree that you have no right or title to any such content, including but not limited to, virtual goods, or currencies appearing or originating in teh Game, or any other attributes associated with the Account or stored on the Server. Voltaic Island Games does not recognise any purported transfers of virtual proptery execuled outside of the Game, or the purported sale, gift, or trade of "real world" items. Accordingly, you many not sell in Game items or currency for "real" money, or exchange those items or currency for value outside of the Game. Voltaic Island Games shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or other damage, loss of any kind caused to any of the Game assets. The sale of accounts and virtial items and transfer of accounts and virtual items between you and any other party may only be conducted via services provided by Voltaic Island Games.
Restrictions And Conditions Of Use
- No Violation of Laws You agree that you will not, in connection with the Game, Site, or Service, violate any applicable law or regulation. You will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party. Or otherwise violates any applicable law.
- Misuse of Service You agree not to use or connect to the Service in any way not expressly permitted by these Terms. Without limitation, you agree that you will not institute, assist or become involved in any type of attack, denial of service, or otherwise attempt to distupt the Service or any other party's use of the Service. Or to attempt to gain unathorised access to the Service, accounts registered to other players, or the computer systems or networks connected to the Service.
- No Data Mining You agres that you will not attempt to obtain information from the Service, Site, or Game, using any method not expressly permitted by Voltaic Island Games; intercept, examine, or otherwise observe any proprietary communications protocol used by the Game Client or the Service, whether through network analyzeer, packet sniffer, or other device; use any third party software to collect information from or through the Game Client or Service, including but not limited to, information about your character or the characters of other players, information on virtual items, or other Game data.
- User Content "User Content" means communications, images, text, sounds, and other material and information that you or other members updaload or transmit. You hereby grant Voltaic Island Games a perpetual, irrecovable, royalty free, worldwide non-exclusive license including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, publish, distribute, sell, license, sublicense, transfer, rent, lease, teansmit, publicly display, broadcast, and otherwise exploit such User Content. Voltaic Island Games has no responsibility and assumes no liability for any User Content posted, stored, or uploded by you or any third party, for any loss, damage, nor is Voltaic Island Games liable for any mistakes, defamation, slader, libel, omissions, falsehoods, obscenity, pornography, or profanity or copyrighted/trademarked material you may enounter while accessing User Content. Voltaic Island Games has no obligation to screen, edit, or monitor any User Content and reserves the right to modify or remove any User Content at any time without prior notice.
- Content Screening Voltaic Island Games do not and cannot pre-screen or monitor all User Content. We have the right, but not the obligation, in our sole discressoin to edit, refuse, or remove any User Content.
- Offsite Links The Service and/or Site may contain offsite links to third party websites or content; either by us or other Users. The content of such links are not under the control of Voltaic Island Games and Voltaic Island Games is not responsible for and does not endorse the content of said links. You will need to make your own independent judgement regarding your interaction with such links, and do so at your own risk without liability to Voltaic Island Games.
- Responsibility You understand that characters within the game are fictional, and behind each character is a real person. You will treat other players respectfully, without harassment, trolling, or ganking. You will treat other players' characters respectfully within the context of the game and game mechanics. You will ensure that no adult content is made accessible to minors whether accidental or otherwise.
- Adult Content You understand that this is an adult fantasy game, with strong adult themes including graphic sexual acts, BDSM elements, slavery, and physical assault. You understand that such content is purely fantasty and fictional. You give Outlands Untamed and it's owner Voltaic Island Games Ltd the right to present you with such content. You have the legal right to view/receive such content. You MUST be aware of any laws of your country that prevent viewing/receiving such content. You agree that if offended, you can terminate your agreement with us by ceasing to play the game, cancelling your subscription, and ceasing to view the website.
- Personal Use You are viewing/receiving content from us as part of your personal social activities, and not as part of role or believed duties in enforcing law(s).
Dispute Resolution
Disputes can be expensive and time consuming for bother parties. In an effort to accelerate resolute and reduce costs, you and Voltaic Island Games agree to first attempt to negotiate any dispute informally for at least 30 days before initiating any arbitration or court proceeding. Negotiations will begin upon receipt of written notice. Voltaic Island Games will notify you via the contact information you provided at registration time. You will send your notice to by email to legal@outlands-untamed.com. You and Voltaic Island Games agree that any arbitration shall be limited to the Dispute between Voltaic Island Games and you individually. You acknowledge and agree tthat no arbitration shall be joined by any other party, and there is no right or authority for any class action, or dispute to be brought in a purported representative capacity of behalf of the general public or any other persons. Except as expressly provided otherwise, these Terms shall be governed by and will be construed under the laws of Scotland, and the United Kingdom. You agree that any arbitration or legal proceding be held under the laws of Scotland and the United Kingdom. You and Voltaic Island Games agree that if any portion of this agreement is found illegal or unenforcebale, that portion shall be severed and the remainder of the section and the rest of the Terms shall be given full force and effect.
Access To Computer Data
Pursuant to United States Code (U.S.C.), Title 18, Part 1, Section 2701 Part(c), we reserve the right to scan your system to ensure that your connection does not provide a network or security risk to us, our servers, or our users. In addition we may collect information about your computer system (such as system specs, software versions, builds) to enable developers to optimize the game and/or to troubleshoot technical issues.
General
Voltaic Island Games reserves the right to change, ammend, append, suppliment or delete, any of the terms within the Terms without prior notice; provided that these changes will not be applied retroactively. In the event of any arbitration, or litigation brought by either party in connection with these Terms; the prevailing party shall be entitied to recover from the other other party all the reasonable costs, attorneys' fees, and other expenses incurred by the litigation. The entire EULA incorporates this document and the Privacy Policy. Voltaic Island Games shall not be held responsible for any delay or failure to perform resulting from causes outside the reasonable control of Voltaic Island Games, including without limitation any failure due to unforseen circumstances or cause beyond Voltaic Island Games control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorties, fire, flood, accidents, stricks, or shortages of transportation facilities, fiel, energy, labour, or materials.
Disclaimer
Whilst agreeing to and being bound by the Terms, the following disclaimers apply.
- Ownership And Copyright
- Warranties Or Representations
- Limitation On Liability
- Software Disclaimer
- Indemnification
- Miscellaneous
Ownership and copyright
The content of the Site, and available downloads are owned and protected by Voltaic Island Games or used with permissions or licenses from subsidiaries, associates, developers, or other third parties. All rights have been reserved. Information on the Site, including but not limited to, text, presentations, figures, images, and sound may not except where otherwise indicated, be copied, reproduced, republished, modified, transfered, distributed, or stored without prior written permission from Voltaic Island Games or the owner of individual content. Voltaic Island Games, it's logos and emblems are registered and unregistered trademarks of Voltaic Island Games, and/or it's associates. Outlands Untamed, it's logos and emblems are registered and unregistered trademarks of Voltaic Island Games, and/or it's associates.
Warranties or representations
Information on the Site is provided "as is", for your internal information purposes only, without any warranties or representations of any kind either express or implied. Voltaic Island Games and their suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including but not limited to the waranty or merchantability, warranty of non-infringement of third part rights and the warranty of fitness for a particular purpose. Without limitation, Voltaic Island Games and their suppliers make no warranties about the accuracy, content, operability, reliability, completeness of timeliness of the material, services, software, text, graphics, and links on the Site.
Limitation on liability
In no event will Voltaic Island Games, it's employees, associates, and/or contributors be held liable to any party for any damages whether direct, indirect, special, punitive, incidental, consequential, or other, resulting from use of or access to or inability to use, or reliance upon any information or material accessed via the Site, Service, and/or Software; including but not limite to, any damages for lost profits, business interuption, loss of programmes or data, even if they are expressly advised of the possibility of such. You hereby waive any and all such claims against Voltaic Island Games, it's employees, associates, and/or contributors.
Software disclaimer
Use of the software (Game Client), is governed by the Terms and EULA. Any user that downloads and installs the software is deemed to agree by the Terms and EULA. Any reproduction, or redistribution of the Software not in accordance with the Terms and EULA may result in civil and/or criminal penalties.Voltaic Island Games disclaims all express and implied warranties and conditions with regard to the Software, it's accuracy, use, merchantability, and/or fitness for any purpose.
Indemnification
You agree that you will not use the Site for any unlawful purpose, or for any purpose prohibited by these Terms. You agree to indemnify, defend, and hold harmless Voltaic Island Games, it's subsidiaries, associates and/or contributors from any liablitiy, loss, claim, or expense (including reasonable attorneys/lawyers fees) related to either your violation of these Terms, or your posting or use of materials on the Site. Although Voltaic Island Games strive to ensure that the Site is continuously accessible, we cannot accept any liability or consequence on whatever basis arising from the fact that the Site and/or Game might not be available for whatever reason at any time and for any period. The Site and/or Game may be placed out of operation temporarily or permanently without any prior notice. Voltaic Island Games are not liable for the content or accuracy of information on sites linked to from the Site. Information on the Site may contain technical inaccuracies, or typographical errors. Information on the Site may change without notice. Voltaic Island Games does not guarantee the accuracy or timeliness of any information or content within the Site.
Miscellaneous
Voltaic Island Games does not want to receive confidential or proprietary information from you. Information that you provide through the Site and/or Game will be deemed non-confidential and non-proprietary. By sending information to Voltaic Island Games, you grant Voltaic Island Games worldwide royalty free, unrestricted irrevocable license to use, reproduce, display, perform, modity, transmit, and distribute those materials and information. If any provision of these Terms is deemed by a court to competent jurisdiction in a final judgement to be invalid or unenforcebale, that provision shall be considered to be stricken from the Terms and the remainder of the Terms shall remain in full force and effect.Voltaic Island Games reserve the right to revise these Terms bu updating this posting. You are bound by any such revisions and should therefore peridically visit this page to review the current Terms by which you are bound.