USER AGREEMENT AND GAME LICENSE

IMPORTANT-READ CAREFULLY: THIS USER AGREEMENT AND GAME LICENSE (THE "Agreement") DESCRIBES THE TERMS ON WHICH Jason McDermott (THE "Licensor") OFFERS YOU (AN INDIVIDUAL PERSON WHO WILL BE REFERRED TO IN THIS AGREEMENT AS "You") ACCESS TO A GAME ACCOUNT (THE "Account") TO PLAY Odyssey Reborn (THE "Game"). ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW IS INDICATED BY THE PRESSING OF THE "I Agree" BUTTON. If You do not agree to the Agreement stated below, do not create a game account.


1. AGREEMENT AMENDMENTS: We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to You at the time You log into Your Account ('Status' screen). Such amendments shall be effective whenever we make the notification available for Your review.

2. GRANT OF LICENSE: Subject to the terms of this Agreement, we hereby grant to You a non-exclusive license to use the to playing the Game via a single authorized Account, providing You are eligible for an account. Accounts are only available to adults over 18 years of age or, in their discretion, their minor child. If You are a minor, Your parent(s) or guardian(s) must complete the registration process, in which case the parent(s) or guardian(s) will take full responsibility for all obligations under this Agreement. By clicking the "I Agree" button You represent that You are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share Your Account with anyone, except that if You are a parent or guardian, You may permit one child to use the Account instead of You (in which case You may not use that Account). You are only allowed to play a single account, and You are not allowed to share Your login information with anyone. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.

3. REQUIREMENTS: To play the Game, You must (a) Create an account via the Odyssey Reborn software (b) have an active Internet connection (which we do not provide) to access Your Account. In addition to any fees described herein, You are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs You incur to access Your Account. Neither this Agreement nor Your Account entitles You to any subsequent releases of the Game, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates to You pursuant to this Agreement. You shall comply with all applicable laws regarding Your access to Your Account and Your playing of the Game.

4. SERVICES: All services herein are offered by Jason McDermott.

5. PASSWORD DISCLOSURE: You may not disclose Your password to any third party. We never ask You for Your password by telephone or email, and You should not disclose it this way if someone asks You to do so. Although we may offer a feature that allows You to "save" Your password on Your accessing "device" (such as a home computer), note that third parties may be able to access Your device and thus Your Account.

6. LIMITATIONS: You may not reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any content of the Game. You may not copy any of the written materials accompanying the Game or the other websites managed by Licensor. You may not use our intellectual property rights contained in the Game or the websites controlled by Licensor to create or provide any other means through which the Game may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not access the Game or the Account through other software than the software provided. The use of automated programs, "bots", scripts, or any other access method that does not require human intervention is strictly prohibited, and not allowed under this agreement.

7. TERMINATION: We may terminate this Agreement (including Your Account) immediately and without notice if You breach this Agreement or infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information You provide to us, or upon gameplay, chat or any player activity whatsoever which is, in our sole discretion. If we terminate this Agreement under these circumstances, You will lose access to Your Account for the balance of any prepaid period or services without any refund.

8. GAME CHEATING: Cheating is a violation of this agreement and will result in the termination of this agreement and the account as per section 7 of this agreement (TERMINATION). Cheating is explicitly defined, but not limited to, the following:

    Automated Accesses: You may only access the account yourself. The use of any automatic third party software, scripts, or any other automated process that occurs without your explicit control at the point in time the game access is made is strictly prohibited.

Licensor is the sole judge in determining whether or not an account has been cheating. On detection of a cheating account, the account will be "suspended". A suspended account can no longer be accessed, or interacted with within the Game. Licensor's decision is final with any account suspension.

WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO ODYSSEY REBORN ADMINISTRATORS, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. 

9. INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the Game (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Game), and any copies of the Game are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Game, but may be accessed through use of the Game, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. Licensor and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the Game and websites controlled by Licensor. The Game is a "commercial" item. All data stored on our servers are considered property of Licensor, and we may alter such data at any time.

10. DISCLAIMER OF WARRANTIES: WE PROVIDE THE ACCOUNT, THE Game AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free or secure operation of the Game or Your Account. Some states/countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights which vary from region to region. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that You will be able to access Your Account whenever You want, and there may be extended periods of time when You cannot access Your Account.

11. INFORMATION DISCLOSURE: We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and You authorize us to) disclose any information about You to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. You agree that we may communicate with You via email and any similar technology for any purpose relating to the Game and any services or software which may in the future be provided by us or on our behalf. Solely for the purpose of patching and updating the Game, You hereby grant us permission to (i) upload Game file information from the appropriate directory and (ii) download Game files to You.

12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Licensor OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Licensor OR ANY SUPPLIER, AND EVEN IF THE Licensor OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some regions do not allow the foregoing limitations of liability, so they may not apply to You.

Copyright © 2013 Jason McDermott. All rights reserved.