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| Xephyr~ Terms Of Service |
1) General: www.SoulsofChaos.net, offers games, activities, and services and is owned by Mallen Technologies & Xephyr. Your use of Xephyr, including your member account, is subject at all times to our Terms of Service and all of our games, activities and other services, regardless of when they are added to SoulsofChaos.net or revised, are governed by our Terms of Service. You represent and warrant to Xephyr that you have full power and authority to enter into this agreement and that the technology used by you in connection with this agreement are owned or legally licensed for use by you. Xephyr does not warrant or represent that the service will meet all or any of your needs or requirements, or that performance of Xephyr's service will be uninterrupted or error free/virus free (You download nothing from our website, so that is not an issue).
2) Online Account Registration: When you complete Xephyr's online registration process, you create a Xephyr online account and become an online member. Your account includes without limitation, any data related to your specific email address, password and character name such as items, spirit shards, upgrades, power, clans they may have started, clan upgrades, etc. Your account allows you to participate in certain games, activities and services on Xephyr. To create an account, you must enter an email address and password. You create a character and select a name and that character is your online identity. You may not use a character name that is used by someone else, and your character name cannot be vulgar, or otherwise offensive (At sole disgression of Xephyr staff), or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Xephyr online account.
3) Charges: From time to time and without notice of amendment or revision, Xephyr may change certain fees or other charges to access certain areas of our sites, play certain games, purchase certain items and participate in related activities. You must have a Xephyr online account and pay the various fees (With a valid debit/credit card, or paypal account) to participate in these activities .
ALL FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
Any benefits purchased with a unauthorized use of a credit/debit card, or paypal account, will be considered to be fraud, and is punishable by law. Xephyr assumes no responsibility, or liability for the theft, and upon registering this account, you accept all responsibility for consequences arising from the use of this site.
To be straight, do not use a credit/debit card, or paypal account without proper authorization, or consent.
4) Deletion/Suspension/Termination of Account: Xephyr and you both have the right to terminate, or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Xephyr. This includes, but is not limited to, any dispute related to, or arising out of:
(1) any term of this Terms of Service or Xephyr's enforcement or application of this agreement;
(2) the content available through Xephyr or any change in content provided through Xephyr;
(3) your ability to access and/or use Xephyr; or
(4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees
XEPHYR MAY SUSPEND, TERMINATE AND/OR PERMANENTLY DISQUALIFY ANY PLAYERS OR USERS OF THE SERVICE AT ANY TIME AND WITHOUT NOTICE, WHO, IN XEPHYR'S SOLE DISCRETION, DETERMINE AS BEING IN VIOLATION OF THESE TERMS OF SERVICE. ALL DECISIONS BY XEPHYR ARE FINAL.
5) Online Content/Conduct: By Content we mean the software, communications, images, sounds and all the material and information you see on Xephyr, our affiliates and our independent content providers provide most of the Content on Xephyr does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Xephyr. You maintain full proprietorship of your content (written, or graphical), but provide full authorization of external use by Xephyr, or any of it‘s users. You agree that you have full rights to your content, and images uploaded, and you hold harmless, and indemnify Xephyr for the user of said content.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Xephyr. Content standards may vary depending on where you are on Xephyr, the type of game you are playing and the expectations of the community. Always use your best judgment in online conduct. Xephyr representatives may monitor your communications on Xephyr. If you encounter something you don't want to see, you can report it on the Contact Us page. Xephyr does not endorse, approve, or pre-screen any Content that you or other users communicate on the Service. Xephyr does not assume any responsibility or liability for Content that is generated by members, players or other guests. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Xephyr does not assume any liability for any failure to remove, or any delay in removing, Content. If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on Xephyr and terminate your Account.
6) Use of Machines, Computers, Scripts: The use of machines, computers, scripts or any automated system on Xephyr is strictly prohibited and may result in criminal liability. You may only play Xephyr with one type, version or copy of browsing software application at any one time.
All terms (Xephyr, Spirit Shards, Mod Points, Etc...) are intellectual property of Xephyr, and Mallen Technologies, and use of the terms in the same general context is expressly forbidden, unless written consent by the creator is given.
You agree that you will be personally responsible for your use of Xephyr and for all of your communication and activity on the service, including any Content you contribute, and that you will indemnify and hold harmless MALLEN TECHNOLOGIES AND XEPHYR, its agents, employees, affiliates, officers and members/managers from any liability or damages arising from your conduct on Xephyr, including any content that you contribute. You hereby, upon registering an account, surrender any options to sue, or otherwise attempt to prosecute, seek damage against, or seek injunctions against Xephyr, Mallen Technologies, or any of it's staff. You hereby agree that all legal disputes arising from the use of Xephyr or any of it‘s services would be disputed under the New York State law.
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