By registering and creating an account with Grey Havens, LLC
("Grey Havens") you agree to comply with all these terms. If you do not agree
with these terms, do not create an account and do not continue to use the
www.spiralknights.com site or other Grey Havens site. If you have an existing
account and do not agree with these terms, please do not use the existing
account and do not continue to use the www.spiralknights.com site or other
Grey Havens site.
1. Services. Spiral Knights is an internet service that allows you to play an
online game in which the places, characters, plots and other content may be
created by you, other members, Grey Havens or other parties. In addition the
Spiral Knights web site provides bulletin boards and other game related
services. The www.spiralknights.com web site, game, and other services are
collectively referred to as Spiral Knights.
2. Age Requirement. You must be at least thirteen (13) years of age to use
Spiral Knights. You represent, warrant and covenant that you meet this age
requirement.
3. Access. You must have access to the Internet in order to use Spiral
Knights. It is your responsibility to select, obtain and pay for any equipment
or services necessary for access.
4. Registration. If you accept the terms, Grey Havens will process your
registration form and establish a user account.
You must select a user ID to identify you to Grey Havens and other users of
the Spiral Knights web site. You may not select as your User ID the name of
another living person (unless it is also your name), a name for the purpose of
fraud or disparagement, or a name that violates any third party's trademark
right, copyright, or other proprietary right, or which Grey Havens deems in
its sole discretion to be vulgar or otherwise offensive. Grey Havens reserves
the right to delete any vulgar or otherwise offensive User ID, or to require
you to change your User ID. You must also select a password for your
account.
Grey Havens recommends that you choose a password with letters and numbers,
and do not use your User ID as your password. The registration form will ask
you for other information about yourself ("Registration Data") which you
represent and warrant is at all times true, accurate, current and complete,
and which you agree to update in order to maintain as such. If you breach
this representation, or Grey Havens has reasonable grounds to suspect that
you have, Grey Havens has the right upon notice to suspend or terminate your
account and this agreement and to refuse your current or future use of Spiral
Knights (or any portion thereof).
5. License. Subject to all of the Terms, Grey Havens hereby grants you a
personal, non-exclusive, non-transferable license to access the Site and to
use Spiral Knights only on the Site solely for your personal entertainment
purposes. Grey Havens may revoke this license at any time and for any
reason. Specifically if you breach the terms of service we will ban your
account. The terms of such terminations are explained in section 9.
6. Restrictions. You agree not to do any of the following prohibited
actions:
1. reproduce, distribute, publicly display or perform, translate, modify,
adapt, create derivative works from, deconstruct, reverse engineer,
decompile or disassemble in any manner Spiral Knights or any portion
thereof, including but not limited to any character, graphic, associated
software or proprietary communications protocol used by the software
or any utilities, applications, emulators or tools derived therefrom;
2. permit any other person (including but not limited to a former member
whose account Grey Havens has terminated) to access Spiral Knights, or
create or provide any other means through which the Games may be played
by anyone besides you (e.g., through server emulators);
3. upload, post, email or otherwise transmit through Spiral Knights any
material that (i) is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to transmit under any law or contractual
or fiduciary relationship (e.g., inside information, proprietary
information from an employer or confidential information subject to a
nondisclosure agreement); (iii) infringes any patent, trademark, trade
secret, copyright or other party's proprietary rights; (iv) is
unsolicited or unauthorized advertising, promotional material, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation; or (v) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
4. harm minors in any way;
5. impersonate another user or administrator;
6. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any materials you or another party transmit through
Spiral Knights;
7. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other members of the Services are able to type, or otherwise act
in a manner that negatively affects other members' ability to engage
in real time exchanges;
8. interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Services;
9. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
10. "stalk" or otherwise harass another; or
11. collect or store personal data about another member without the
express permission of such member.
12. reveal personal data about another member--including but not limited
to personally identifiable information about the member,
administrative role of the member within a game, and information about
game characters associated with the member--without the express
permission of such member.
13. modify any files or use any game hacking/altering/cheating software or
tools, including scripting or macroing software, or attempt to
disassemble the game client and/or decipher the data transmissions
between Spiral Knights' client and server. These activities will result
in immediate termination of the Player's Account and may subject you to
civil and/or criminal liability.
14. engage in any behavior that is contrary to the 'spirit of the game'
as defined by Grey Havens in its sole discretion. This includes the
manipulation of the game environment.
15. play Spiral Knights on any server or service that is not provided or
authorized by Grey Havens.
7. Content.
1. Participatory Content. As part of our interactive approach, Grey
Havens provides you with certain opportunities to submit your own
ideas, text, graphics, plots, characters, feedback and other materials
while you participate in the Games, bulletin boards, chat rooms and
other activities in the Site or Services (collectively, "Participatory
Content"). By submitting any Participatory Content, you represent and
warrant that you are the owner of or have the right to post your
Participatory Content, and your Participatory Content does not
infringe the rights of any third party. You hereby grant Grey Havens a
perpetual, irrevocable, non-exclusive, sub-licensable, worldwide,
royalty-free license to use, reproduce, modify, adapt, publish,
distribute, publicly display and perform any and all of your
Participatory Content in all media now known or later developed. You,
and not Grey Havens, are entirely responsible for all of your
Participatory Content that you upload, post, email or otherwise
transmit via the Site, Services or Games.
2. Third Party Content. You acknowledge and agree that the Site, Services
and Games contain materials owned by Grey Havens and its licensors
(including other members), and you agree not to interfere the
copyrights, trademarks and other proprietary rights of such
parties. You agree that these rights are valid and protected in all
media existing now or later developed, and that except as is
explicitly provided otherwise, your use of such materials shall be
governed by the copyright laws of the United States and other
applicable laws.
3. Content Monitoring. As a matter of policy, Grey Havens does not
manually pre-screen or monitor the content that you or other members
may post to the Spiral Knights site or game. Grey Havens does use
automated mechanisms as necessary to filter obscene or vulgar language,
mechanisms which are under user control (see the Options panel). Grey
Havens does reserve the right to monitor all such content, and reserves
the right to remove without notice any and all content that Grey
Havens, in its sole discretion, finds offensive or otherwise
objectionable. You are solely responsible, and bear the risk, for
evaluating the accuracy, integrity, quality, completeness or utility
of any content. Grey Havens makes no representations or warranties
about the content appearing in Spiral Knights. Under no circumstances
will Grey Havens be liable in any way for any content, including but not
limited to, for any errors or omissions in any content, or for any loss
or damage of any kind incurred as a result of the use of any content
posted, emailed or otherwise transmitted via Spiral Knights.
4. Mature Content. Grey Havens has adopted a "MATURE" rating, and parts
of the Site, Services and/or Games contain adult or mature content
that some users may consider offensive, indecent or
objectionable. While Grey Havens has established a list of
restrictions (section 6) and may in some instances choose to monitor
and take action upon inappropriate game play, chat or links to the
Services, it is possible that at any time there may be language or
other material accessible on or through the Site, Services or Games
that may be offensive or objectionable to some users.
5. Content Transmission. You understand that the technical processing and
transmission of the Services, including your Participatory Content and
Public Content, may involve (i) transmissions over various networks;
and (ii) changes to conform and adapt to technical requirements of
connecting networks or devices.
6. Links. The Site, Services and Games may provide links to other sites
for your convenience only. Grey Havens does not control, is not
responsible for, does not necessarily endorse and makes no
representation about the materials contained at any linked site. If
you choose to visit any linked Sites, Grey Havens recommends that you
review the other site's terms of use. Grey Havens is not responsible
for webcasting or any other form of transmission received from any
linked site.
7. Names. In creating your character in Spiral Knights we ask that you use
names appropriate for the setting. Do not use names that violate these
terms, that might be offensive to other players, or that include
copyright or trademark characters or products. Avoid names that are
from or imply popular media and culture. Grey Havens will arbitrarily
change any names it considers unsuitable, or ban the accounts
associated. Other than in these circumstances, names will not
generally be changed.
8. Auctions and Sales. It is against Grey Havens policy to allow
accounts, characters, items, or money to be sold for real money on
auction sites or otherwise. We will ask auction sites to respect this
policy. We will terminate accounts that we believe are in violation of
this policy.
8. Idea submission policy. Grey Havens and its employees do not accept or
consider unsolicited ideas, including but not limited to ideas for
advertising campaigns, technology development or product names. Please do
not send Grey Havens or any of its employees any unsolicited materials,
including any artwork or demos. If any area of the site, services or games
invites you to submit material, such as a portfolio URL for a job
application, such submission shall not be deemed to be unsolicited for
purposes of this section 8 ("Idea Submission Policy"). The purpose of this
policy is to avoid potential misunderstandings or disputes if Grey Havens'
products or marketing strategies might seem similar to ideas submitted to
Grey Havens. Please note that any material you submit to Grey Havens in any
manner, aside from examples of prior work as part of a job application, will
be deemed your "Participatory Content" and subject to the terms of section
7.1 ("participatory content").
9. Your Account is Your Responsibility. You are solely responsible and
entirely liable for all activities conducted through your account and/or
your User ID, even if your account has been compromised through no fault of
your own. Grey Havens encourages you to maintain the confidentiality of your
password, and reminds you that you do not have a license to let others use
your account. You agree to notify Grey Havens immediately in the event your
password is lost, stolen, disclosed or compromised. It is not Grey Havens'
policy to ask for your password online, and Grey Havens suggests that you
never respond to an on-line request for your password. You acknowledge that
although the Site, Services and/or Games may offer a feature that allows you
to "remember" your password and thereby bypass the password protection, this
feature makes it possible for third parties to access your account and User
ID. Grey Havens strongly discourages the use of the password bypass feature,
which will in any event be at your own risk.
10. Privacy. You understand that you have no expectation of privacy with
respect to your use of the Site, Services or Games, and that all
communications made by or received from you may be monitored, preserved and
disclosed by Grey Havens representatives. You hereby consent to the
extraction of hardware system profile data and any data related to operation
of the software from any computer that logs on to the Site, Services or
Games using your account. You acknowledge and agree that Grey Havens will
report to law enforcement authorities any actions which may be considered
illegal, as well as any reports it receives of such conduct. Grey Havens
will cooperate fully with law enforcement agencies in any investigation of
alleged illegal activity. Specifically, Grey Havens may disclose information
about you or your Participatory Content if Grey Havens has the good faith
belief that such disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Terms; (c) respond to claims that any of your
Participatory Content violates the rights of a third party; or (d) protect
the rights, property or safety of Grey Havens, its members or the
public. These Terms are also subject to Grey Havens' general Privacy Policy,
which is incorporated by this reference as if set out in full.
11. Charges for Service. Grey Havens charges an optional fee for services
("Premium Services") for the use of Spiral Knights. The current prices may
be found in the Billing System (https://billing.spiralknights.com/billing/).
You may be eligible to play for free during a Free Trial or Beta test period.
YOUR FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN
PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT
AUTHORIZED BY YOU. If your use of Spiral Knights is subject to any use, sales
or other taxes, or if Grey Havens offers any additional services for a fee as
noted on the Site and you choose to partake in such additional fee-services,
then Grey Havens may also bill you for any such charges, which will be in
addition to the rates noted here. Grey Havens reserves the right to change
its fees and billing methods at any time effective thirty (30) days after
notice of the changes are posted on the Site. You are responsible for
regularly reviewing these Terms to obtain timely notice of such changes. If
any such change is unacceptable to you, you may terminate your account and
this agreement as provided in Section 18 ("Termination"). Your continued use
of the Games or Services seven (7) days after the changes are posted on the
Site will constitute your acceptance of such change. If you pay for the
Games and/or Services by credit card, you represent and warrant that you are
the authorized user of such credit card. You agree to promptly notify Grey
Havens of any changes to your credit card account number, its expiration date
and/or your billing address, and you agree to promptly notify Grey Havens if
your credit card expires or is canceled for any reason.
12. International Use. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States
or the country in which you reside.
13. Ownership. Grey Havens and its licensors shall at all times retain all
right, title and interest in and to the Site, Services and Games, except to
the extent of the licenses granted to you hereunder. Grey Havens, Spiral
Knights and other products referenced herein are either trademarks or
registered trademarks of Grey Havens.
14. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GREY
HAVENS, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GREY HAVENS PROVIDES
THE SITE, SERVICES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR
PROVIDED BY GREY HAVENS IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED
THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF
PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAMES WILL BE
ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
15. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, GREY
HAVENS' AND ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' TOTAL LIABILITY
TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR
GAMES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO GREY HAVENS
UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE
OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION
SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL
OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED
BY LAW.
16. Consequential Damages. IN NO EVENT WILL GREY HAVENS, ITS AFFILIATES,
LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF
SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF
CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY OF LIABILITY, WHETHER OR NOT GREY HAVENS, ITS AFFILIATES, LICENSORS
OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES
AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GREY HAVENS', ITS
AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
17. Indemnification. You agree to defend, indemnify and hold harmless Grey
Havens, its affiliates, licensors and subcontractors from all liabilities,
claims and expenses, including attorneys' fees, arising from or related to
your breach of this Agreement or portion hereof, you Participatory Content
or Public Content or any act or omission by you relating the Site, Services
or Games. Grey Havens reserves the right to assume its own defense and/or
control of any matter otherwise subject to indemnification by you hereunder.
18. Termination. Either you or Grey Havens may terminate your account and
this agreement upon notice at any time without further obligation to the
other. Further, Grey Havens reserves the right to terminate the Site,
Services and/or Games, or any part thereof, at any time without notice and
without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A
REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT,
YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES AND GAMES WILL TERMINATE AND
YOU WILL FORFEIT ANY UNUSED SERVICES THAT YOU PURCHASED OR RECEIVED PRIOR
TO TERMINATION. A member whose account Grey Havens has terminated may not
access the Site, Services or Games in any manner or for any reason without
Grey Havens' express, prior, written permission. Termination of this
agreement shall have no effect on any payment obligation accrued prior to
the effective date of termination. The following sections shall survive
termination: 7(1) and (2), 8 and 14-21.
19. Amendment. Grey Havens may amend the Terms in its sole discretion at any
time by posting revised Terms on the Site, and you agree to regularly review
the Terms. If any such revision is unacceptable to you, you may terminate
your account and this agreement as provided in Section 18
("Termination"). Your continued access and use of the Site, Services and/or
Games seven (7) days after posting of the revised Terms shall constitute
your acceptance of the same. Except as expressly set forth herein, the Terms
may not otherwise be modified or amended.
20. Reservation of Rights. Grey Havens hereby reserves any rights not
expressly granted herein.
21. General Provisions. You may not sublicense, rent, sell, assign or
otherwise transfer the rights or obligations granted to you in this
agreement, and any such attempted transfer shall be void. If any provision
of this agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable, and
such decision shall not affect the enforceability of: (i) such provision
under other circumstances, or (ii) the remaining provisions hereof under all
circumstances. Grey Havens' failure to enforce at any time any provision of
this agreement shall in no way be construed to be a present or future waiver
of such provision, nor in any way affect the right of any party to enforce
each and every such provision thereafter. The express waiver by Grey Havens
of any provision, condition or requirement of this agreement shall not
constitute a waiver of any future obligation to comply with such provision,
condition or requirement. Notwithstanding anything to the contrary, no
default, delay or failure to perform on the part of Grey Havens shall be
considered a breach of this agreement if such default, delay or failure to
perform is shown to be due to causes beyond Grey Havens' reasonable
control. This agreement is governed by and construed under California law
without regard to its conflict of law principles, and you agree to submit to
the jurisdiction of the courts located in San Francisco County, in the State
of California, U.S.A. for the resolution of any dispute arising from or
related to this agreement. In any action to enforce this agreement, the
prevailing party shall be awarded its costs and fees (including reasonable
attorneys' fees), including such fees and costs incurred in enforcing and
collecting any judgment. All notices given by you shall be sent via email to
tos@spiralknights.com. Our telephone number is 617 682 9585 but we do not
provide telephone support and discourage you from calling this number. Grey
Havens may give notice to you at the e-mail address you provide in the
Registration Data. This agreement represents the entire agreement between
you and Grey Havens with respect to the subject matter referenced herein.
Changes to the Terms of Service
Grey Havens may update the terms of service. We will notify you about
significant changes by placing a prominent link on our site.
Questions and Suggestions
If you have questions or suggestions, please email us at tos@spiralknights.com.